INDENTURE

indenture (in-den-ch<<schwa>>r), n.1. A formal written instrument made by two or more parties with different interests, traditionally having the edges serrated, or indented, in a zigzag fashion to reduce the possibility of forgery and to distinguish it from a deed poll. — Also termed indented deed. Cf. deed poll under DEED. [Cases: Deeds 3. C.J.S. Deeds §§ 1–8.] 2. A deed or elaborate contract signed by two or more parties.

“The distinction between a deed poll and an indenture is no longer important since 8 & 9 Vict.

c. 106, § 5. Formerly a deed made by one party had a polled or smooth-cut edge, a deed made between two or more parties was copied for each on the same parchment, and the copies cut apart with indented edges, so as to enable them to be identified by fitting the parts together. Such deeds were called indentures. An indented edge is not now necessary to give the effect of an indenture to a deed purporting to be such.” William R. Anson, Principles of the Law of Contract 84 (Arthur L. Corbin ed., 3d Am. ed. 1919).

“An indenture was a deed with the top of the parchment indented, i.e., having an irregular edge. The deed was written out twice on a single sheet of parchment, which was then severed by cutting it with an irregular edge; the two halves of the parchment thus formed two separate deeds which could be fitted together to show their genuineness. This contrasted with a ‘deed poll,’ a deed to which there was only one party, which at the top had been polled, or shaved even.” Robert E. Megarry & M.P. Thompson, A Manual of the Law of Real Property 129 (6th ed. 1993).

corporate indenture.A document containing the terms and conditions governing the issuance of debt securities, such as bonds or debentures. [Cases: Corporations 471. C.J.S. Corporations §

667.]

debenture indenture.See DEBENTURE INDENTURE.

trust indenture. 1. A document containing the terms and conditions governing a trustee’s

conduct and the trust beneficiaries’ rights. — Also termed indenture of trust. [Cases: Trusts 19–29. C.J.S. Trover and Conversion §§ 16, 35–50, 69.] 2. See deed of trust under DEED.

3.Hist. A contract by which an apprentice or other person, such as a servant, is bound to a master, usu. for a term of years or other limited period. — indentured,adj.

[Blacks Law 8th]