FORMS OF INSTRUMENTS.

139

administrators, and assigns, are hereby empowered to sell the premises above described, with all and any of the appurtenances, or any part thereof, in the manner prescribed by law; and out of the money arising from such sale, to retain the said principal and interest, with all costs and charges of making such sale; and the overplus, if any there be, shall be paid by the party making such sale, on demand, to the party of the first part, his heirs or assigns.

In witness whereof, the said party of the first part has hereunto set his hand and seal, the day and year first above written.

Sealed and delivered

in the presence of
J. R.

General Form of Chattel Mortgage.

This indenture, made the eight hundred and

and state of

day of in the year of our Lord one thousand between B. A., of the town of -, 'in the county of and state of — of the first part, and D. C., of the town of - in the county of of the second part, witnesseth: That the said party of the first part, in consideration of the sum of- dollars, to him duly paid, hath sold, and by these presents doth sell, grant, and convey, to the said party of the second part, the following described goods, chattels, and property, (here describe the property minutely,) now in possession of the said party of the first part

This grant is intended as a security for the payment of

dollars, with interest, on or before the expiration of one year from the date hereof; and the additional sum of dollars, with interest, on the day of, one thousand eight hundred and ·; which payments, if duly made, will render this grant

void.

In witness whereof, the said party of the first part has hereunto set his hand and seal, the day and year above written.

Sealed and delivered

in the presence of

NOTE.

P. S.

B. A. [L. S.]

In N. H., a chattel mortgage must be acknowledged and sworn to, before a justice of the peace, by both parties.

DEEDS.

147. A Deed is a writing containing some contract or agreement, and the evidence of its execution; particularly an instrument on paper or parchment, conveying real estate to a purchaser or donee. This instrument must be executed, and the execution attested, in the manner prescribed by law.

A Warranty Deed is a promise or covenant by deed, made by the bargainer for himself and his heirs, to warrant or secure the bargainee and his heirs against all men in the enjoyment of an estate.

A Quitclaim Deed is a deed of release, or an instrument by which all claims to an estate are relinquished to another, without any covenant or warranty, express or implied.

General Form of Deed.

This indenture, made the day of, in the year of our Lord one thousand eight hundred and between A. B., of the town of in the county of

T147. A deed. How executed and attested. A warranty deed. A quitclaim deed. General form of deed. Form of warranty deed. Form of quitclaim deed.

1

and state of of the first part, and B. C., of the town of, in the county of, and state of -, of the second part, witnesseth: That the said party of the first part, for and in consideration of the sum of dollars, to him paid by the said party of the second part, the receipt whereof is hereby acknowledged, hath bargained and sold, and by these presents doth bargain and sell, unto the said party of the second part, and to his heirs and assigns, forever, all (here describe the premises,) together with all hereditaments and appurtenances thereunto belonging, and all the issues and profits thereof: To have and to hold to the said party of the second part, his heirs and assigns, forever.

In witness whereof, the said party of the first part has hereunto set his hand and seal, the day and year above written.

Sealed and delivered
in the presence of
S. L.

To all to whom these presents shall come :

Know ye that I, C. I., of (town, county, and state,) in consideration of dollars received to my entire satisfaction of R. S., of (town, county, and state,) do hereby grant, bargain, sell, and confirm, unto the said R. S., his heirs and assigns, forever, all (description of premises :) To have and to hold the above described premises, with all the appurtenances thereof, unto the said R. S., his heirs and assigns, to his and their proper use and behoof.

And I do, for myself, my heirs, executors, and administrators, covenant with the said R. S., his heirs and assigns, that at and until the ensealing of these presents, I am well seized of the premises as a good and indefeasible estate in fee simple, and have full right to bargain and sell the same in the manner and form aforesaid, and that the same is free from all incumbrance whatsoever. And further, I hereby bind myself and my heirs to warrant and forever defend the above granted and bargained premises unto the said R. S., his heirs and assigns, against all claims and demands whatsoever.

In witness whereof, I have hereunto set my hand and seal, the in the year one thousand eight hundred and

Sealed and delivered

in the presence of

C. I.

day of

[L. 8.]

A. W.

Quitclaim Deed.

Know all men by these presents: That we, A. B., of the town of —, in the county of

and state of

eration of the sum of

and C., the wife of the said A. B., in considdollars, to us in hand paid by E. F., of the town of -, in the county of and state of , the receipt whereof we hereby acknowledge, have bargained, sold, and quitclaimed, and by these presents do bargain, sell, and quitclaim, unto the said E. F., to his heirs and assigns, forever, all our and each of our right, title, interest, and claim, of and to all that certain parcel of land, situate and lying in the town of, &c., (describe the premises,) with all the hereditaments and appurtenances thereunto belonging.

In witness whereof, we have hereunto set our hands and seals, the day and year first above written.

NOTE. In N. H. two witnesses are necessary to make a deed valid.

FORMS OF INSTRUMENTS.

WILLS.

141

148. A Will is a bequest of property made by a person during life, but not

to take effect until after his decease.

The person making a will is called a Testator; and the will is called a Testament. A Codicil is a writing by way of supplement to a will.

Form of a Will.

I, A. B., of the town of

in the county of, and state of -, being of sound mind and memory, do make, publish, and declare, this my last will and testament in the following manner, namely:

dollars, to be

First, I give and bequeath to my wife, E. B., the sum of accepted and received by her in lieu of dower; to my son, C. B., the sum of dollars; to my daughter, J. A. B., the sum of dollars; and to my mother, M. A. B., the sum of dollars; which said several legacies or sums of money I direct and order to be paid to the said respective legatees, within one year after my decease.

Second, I give and devise to my son-in-law, J. R., his heirs and assigns, all that tract or parcel of land, situate (describe the premises,) with all hereditaments and appurtenances pertaining thereto; to have and to hold the above premises to the said J. R., his heirs and assigns, forever.

Third, I give and devise all the rest, residue, and remainder, of my real estate to my wife, E. B., and to my son, C. B., and to my daughter, J. A. B., to be be equally divided between them.

And lastly, I give and devise all the remainder of my possessions, of whatever kind or name, to my said wife, E. B., whom I hereby appoint to be my sole executrix of this my last will and testament, hereby revoking all former wills made by me.

In witness whereof, I have hereunto set my hand and seal, the in the year of our Lord one thousand eight hundred and

A. B.

day of
[L. S.]

The above instrument, consisting of one sheet, (or two sheets,) was at the date thereof signed, sealed, published, and declared, by the said A. B., as and for his will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other, subscribe our names as witnesses thereto.

J. W., residing in
L. V., residing in

Form of Codicil to a Will.

Whereas I, A. B., of the town of in the county of

county of -, county of

and state of day of

have made my last will and testament in writing, bearing date the

in the year of our Lord one thousand eight hundreed and in and by which I have given and bequeathed to my son, C. B., (here state the bequest which the testator desires to change.) Now, therefore, I do by this writing, which I hereby declare to be a codicil to my said last will and testament, and to be a part thereof, order and declare that my will is, that only the sum of dollars be paid to the said C. B., in full of the said legacy given and bequeathed to him, and that the remaining part be given and paid to the Presbyterian church of which I am now a member in good standing: And lastly, it is my desire that this codicil be annexed to and made a part of my last will and testament, as aforesaid, to all intents and purposes. In witness whereof, &c., (as in the preceding form of will, and witnessed as before, by at least two persons. In N. H. 3 witnesses are necessary.)

NOTE A Testator should nominate and appoint, as a last clause in his last will, some person or persons to be the executors of the same.

T 148. A will. A testator. A testament. A codicil. Form of will. Form to be written by witnesses. Form of codicil to a will. Note.