Assigns

[L. Fr. amgnes; L. Lat. assi^nati.'] In conveyancing. A word nearly or quite synonymous with asiignee Sy and formerly sometimes so written; both words probably being only different pronunciations of the Fr. assignes, Termes de la ley.

— Its use is now confined to conveyandng, (as in the common expressions " heirs and assigns/' " executors, administrators and assigns, ) in which branch o( the law it has been employed from a very remote period. See ij^ra. Where a party in a deed covenants for hnnself, his executors, administrators and auigns, the word assigns means anv person to whom the property or interest described m the deed, may happen at any future time to be assigned, either by deed or by operation of law. Holthouse. Under the word assigns^ are included not only assignees, properly so called, but executors and admmistrators, the assignee of an assignee in perpeiuum, the heir of an assignee, the assignee of an heir, the assignee of an assignee's elector, and a devisee, ffob. 9 b. Co.Litt. 384 h. FUmd. 287, 288. 6 Co. 16, 17 b. 2 Show. 39, 67. Oodholt, 161. The word assigns occurs in most of the forms of charters in Bracton and Britton, with various modifications no longer used. Thus, — " tali, et hceredibus euis, et assignatis, et hceredibus assi^atorum;" to such a one, and his heirs and assigns, and' the heirs of his assigns. Bract, m. 37 b. " Tali, et hcsredibus suis et assignatis, et eorum hofredibus, et assignatis assignatorum, et hagredihus eorum;" to such a one, and his heirs and assigns, and their heirs, and the assigns of his assigns, and their heirs. Id. ibid. So, — a ses heires, et a sea assignes, et as assignes des assignes;

— to his heirs and to his assigns, and to the assigns of his assigns. Britt. c. 39. The mtroduction of this word into deeds» as a necessary word of form, probably grew out of the ancient doctrine that if a man's assigns were not specified in the porchase deed, he was not empowered to aliene. Mirr. c. 1, § 3. 2 Bl Com. 289. This appears from Bracton to have been particularly the case with bastards, who could not assign land given- to them, unless this were allowed by the terms of the gift, (nt«i hoc permissum esset per conditionem, et per modum donationis); that is, by express words denoting liberty of assignment,-* and the same author remarks, as worthy of notice, that this kind of gift was first invented in favor of that description of persons. Bract. fol. 20 b. Britton, with less explanation of the reason, asserts more positively that the word assigns wa& first allowed to be put in feoffments in favor of bastards; (car pur favour de bastars fuerent primes assignes grauntes a mettre en feffementes.) Britt. c. 4.) Cowell, who makes no reference to Bracton, seems to have misunderstood Britton on this point.

See Cotoell, in voce.