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the remainder of a term of years now to come and unexpired, of and in all that messuage, tenement, or dwelling-house, situate and being in Twelfth street, in the City of New-York, now in the occupation of Lewis Murray: Now I give to my son Gift of a Jackson, the said leasehold premises, for and term of during so many years as of the said term as he shall live, and after his decease, I bequeath the same leasehold premises to my grandson, Theodore Sloan, for the whole of the unexpired term of my said son's decease, subject to all the conditions thereinafter contained nevertheless.
I give and devise unto my son Charles, and his heirs forever, all that farm in the County of oin lemn.d Dutchess, upon which I have been accustomed to reside during the summer season, with all the stock and buildings thereon, with their furniture and appurtenances, subject to this condition, nevertheless, that he execute a bond, and also together with his wife, a mortgage to my cousin James Sloan, to secure the payment of five thou
without leaving a will, is disposed of by administrators duly appointed by the Court. Admin Administrators are always required to give security, and Executors, residing in another State, are usually required to give security.
A Codicil is an instrument additional to the will, executed at any time afterward by the same testator, with the same formalities as the will itself, and designed to modify some of its provisions, or explain more fully some portion of it which might not be clearly understood. There may be several codicils annexed to the same will, and the wishes of the testator are to to be gathered from the main instrument and its codicils taken together.
111. The form here given for a will, is common in the State of New York, and those used in and witother States are not materially different, some re
sand dollars, with annual interest thereon, at the termination of the period of five years from the date of the deed to my said son, of the same property, from my executors, which I order and direct them to give as soon as can consistently be
done at least eighteen months from my decease. Buquest
I give and bequeath to my executors herein for one named, the sum of twenty thousand dollars, in
trust, nevertheless, to invest the same on bond and mortgage, or in good and safe stocks, in their discretion, and I order and direct them to pay the interest or proceeds of the same, semi-annually, to my beloved wife, Mary, during her life, and at her death I give the said sum of twenty thousand dollars to be divided between the following benevolent societies, in the following man
Final dis- ner :
$2000 to the American Bible Society, located in the City of New-York.
$5000 to the American Tract Society, located in the same City.
quiring three, and others only two witnesses. Although the law requires that it shall be executed in the presence of witnesses, yet no particular form is essential, further than to have it legal, explicit, and complete. The manner of execution, shown at length in the instrument above, has grown into ordinary practice, and is completely satisfactory. The witnesses are
required to set down their names and residences dence of upon the instrument.
A will may be revoked any time during the lifetime of the testator, either by destroying it himself, or ordering its destruction in his presence, or by making another subsequently, which of itself annuls the former if
inconsistent with it. When interlineations or eations. erasures are made in any instrument of this kind,
notice of the same should be made before the sig.
Residue of the real es
to be sold.
$6000 to the American Board of Foreign Missions, located in the same City.
$7000 to the Fire Department Fund, in the sarne City.
It is my will, that all the rest and residue of my real estate be sold at public auction within tate eighteen months after my decease, or as soon thereafter as my executors shall deem most expedient that the best price may be obtained therefor, and that the proceeds thereof be placed with my personal estate, and subject to the same disposition.
I give and bequeath the sum of three thousand dollars to my Executors, to be equally divided between them, in full, for all services in the matter of the execution of this my last will Final dis and testament.
I give and bequeath all the rest and residue residue. of my estate to my three sons, Samuel, Jackson, and Charles, to be equally divided between them.
I hereby nominate and appoint Hugh Brady,
Bequest to exec
position of the
tors named. 1
natures are taken. We have already remarked, that the provisions of a will should be clearly defined. It would seem that the instrument might always be made so plain and explicit as to prevent such differences of opinion and such litigations as often arise, but in practice it is found otherwise ; some of the longest and most trying litigations arise even from those which were sup- igations.
Long litposed to be very simple and carefully drawn.
The Court expressly established with jurisdiction over the proof of wills, or to direct and control the executors and administrators of estates, is the Surrogate's Court for each County, or the County Court, which in some Counties of Surro
gate's too small a population for an additional officer to court or attend to these duties only, exercises the same powers as the Surrogate does in those Counties
William Toby, and Henry Warren, the Executors of this my Last Will and Testament, and revoke all other and former wills made and executed by me.
In witness whereof, I have hereunto set my hand and seal this sixteenth day of April, one thousand eight hundred and fifty-one.
Signed, sealed, published, declared, and
acknowledged, by the above named
for which that officer is appointed. Before this Court wills are proved, and under its direction recorded, and their provisions carried out and accounts rendered and settled. Wills not in writing are void, unless made by a soldier in actual service, or by a mariner at sea. The executors have no power to act, except to pay funeral expenses, until the will has been proved before the Surrogate of the County, and “letters testamentary” (authority) granted them by the Surrogate.
The positions of families are so varied, and the wishes of testators so diverse, that it is impossible to give in a single example, an adequate idea of the forms which Wills may assume, or of the provisions they may contain. The above, however, iş sufficient to show the design and scope of the instrument.
Assignment to pay Debts.
To all to whom these presente shall come : Assign I, Alexander Bird, of Rochester, New York, merchant, send greeting:
Whereas I am indebted unto Everett Halstead of Syracuse, in the sum of six thousand Creditdollars, lawful money, &c., and unto John Pendon, of Auburn, in the sum of one thousand dollars, each of said sums of money being loaned to
Now know ye, that I, the said Bird, for and towards the satisfaction of the said sums of mo
ney, and for divers other good causes and considerations, have granted, assigned, bargained, and sold, and by these presents do freely and absolutely grant, assign, bargain, and sell unto the said Halstead and Pendon, all, and all manner of goods, chattels, debts, moneys, and all other things, of me, the said Bird, whatsoever, as well real as personal, of what kind, nature, or quality soever. To have and to hold the same, and every part and
112. The above is a simple form of an assignment, sufficient, however, to illustrate the object intended. Here the creditors, two in number, are made the assignees, and all the property of the maty to debtor is delivered up for the payment of his debts, with the understanding that the overplus shall be returned ; and for such return he has a right of action. In most assignments, a return of the overplus is expressly provided for by an additional clause. The assignment is not always made to the creditors directly, but often to other and disinterested persons, who dispose of it, subject to modifications and provisions there introduced.
Such assignments are made only when the assignor's circumstances are failing, or his success doubtful, and when the suspicion of creditors