Devises. Powers. years, and to apply the same for the maintenance and education of my said son: And I declare that the said accumulations, or so much thereof as shall not be applied as aforesaid, shall be paid and transferred to my said son, as and when he shall attain the age of twenty-one years, but if he shall die under that age, then the same shall sink into and form part of my residuary personal estate: And I also declare that during such minority the said trustees or trustee shall be at liberty to let the said messuage and lands for any term not exceeding seven years in possession, and in other respects to manage the same as they or he shall think fit. 1331. Devise to Executors in Trust, with Power to Sell, etc. I give and devise all my real and personal estate, of what nature or kind soever, to C. D. and E. F., my executors hereinafter appointed, in trust, for the execution of my will, with power to sell and dispose of the same, at public or private sale, at such times, and upon such terms, and in such manner, as to them shall seem meet [provided, however, that no part of my real estate shall be sold, until after the expiration of my decease]. years from 1332. Power to Arrange and Compromise. And I appoint the said E. F. and G. II. executors of this my will; and authorize the acting executors or executor for the time being of this my will, to satisfy any debts claimed to be owing to me or my estate, and any liabilities to which I or my estate may be alleged to be subject, upon any evidence they or he shall think proper, and to accept any composition or security for any debt, and to allow such time for payment (either with or without taking security) as to the said acting executors or executor shall seem fit, and also to compromise, or submit to arbitration, and settle all accounts and matters belonging or relating to my estate, and generally to act in regard thereto, as they or he shall deem expedient, without being responsible for any loss thereby occasioned. 1333. Directions to Executors as to Winding Up Testator's Partnership Business. in partnership with now And with respect to my share and interest in the business of carried on by me at [names], under the firm of and Co., I empower the executors or executor for the time being of this my will, to adjust and settle all accounts and transactions relating to the said partnership business, and to wind up the affairs and concerns thereof and ascertain the amount of my share and interest therein, either according to the provisions of the articles of partnership under which the said business shall be carried on at my decease, or upon such other terms and in such other manner as may be agreed on between them or him and my surviving partners or partner, with power for the said executors or Special Provisions. executor to refer to arbitration, or otherwise to compromise or settle any question that may arise in or about the winding up of the said concern, in such manner as they or he may think fit, and generally to do and execute all such acts and things in relation to the premises as may appear to them or him necessary or expedient, without being answerable for any loss which may arise thereby: And I authorize the said executors or executor, if they or he shall in their or his discretion think fit, to permit the whole or any part of the amount which on taking the accounts of the said partnership shall appear to be due to my estate, as and for my share and interest in the said business, to remain in the said business as a loan for any period not exceeding seven years from my decease, but so that the repayment thereof, with interest after the rate of per cent. per annum, shall be secured by the joint and several bond of the persons or person for the time being, continuing to carry on the said business either with or without any other security for the same, as the said executors or executor shall think fit: And subject to the provisions hereinbefore contained as to the said business, I empower my trustees or trustee to postpone the sale and conversion of my real and personal estate for so long as they or he shall think fit. 1834. Clause Concerning Disputes. My express will is, and I hereby order and appoint, that if any difference shall arise or happen, concerning any gift, bequest or other thing in this will, no suit shall be brought concerning the same, but the same shall be referred wholly to the award of my friends C. D. and E. F. both of and what they shall order, direct or determine therein, shall be binding and conclusive on all persons concerned. 1335. Clause Releasing Debts Due. WHEREAS there are considerable sums of money due and owing to me upon bonds, bills and otherwise, from my relations hereinbefore named, which I desire to release, I do hereby direct that all such evidences of debt shall be cancelled and destroyed by my executors immediately after my death; and I hereby discharge my relations herein before named, and their heirs, executors and administrators, from the payment of any debts due and owing to me or my estate, upon any account whatsoever, without any abatement of the legacies herein before given to them respectively. 1336. Appointment of Executors. I appoint my wife [name] and A. B. and C. D. to be executors [and trustees] of my will; [but if my wife should marry again, she shall thereupon cease to be an executor and trustee of my will, which shall thenceforth take effect, and be executed in the same or in like manner as if the said A. B. and C. D. had been originally appointed the sole trustees and executors]. Attestation of Wills. 1337. Attestation Clause, Describing Execution According to the Laws of New York. IN WITNESS WHEREOF, I [name of testator] have to this my last will and sheets of paper, subscribed my name [and set testament, consisting of my seal] this day of 1338. Attestation of Will According to the Laws of England. IN WITNESS WHEREOF, I, the said A. B., have hereunder set my hand, this day of SIGNED and declared by the said A. B., as and for his last will and testament in the presence of us (both being present at the same time), who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. [Signatures of witnesses.] I, A. B., of II. CODICILS. [Signature of testator.] 2 having made my last will and testament bearing date the day of do now make this codicil, to be taken as a part of the same: First, I hereby ratify and confirm said will in every respect, save so far as any part of it is inconsistent with this codicil: Second, in case I die before my husband, I give and bequeath to him, and to his heirs and assigns forever, unconditionally and without reserve, all the real and personal property belonging to me at my death, and in case he [my said husband] should die first, then this codicil to be of no effect. IN WITNESS [etc., as in Form 1337]. 1340. Codicil Appointing a Trustee and Executor in the Place of a Deceased Trustee and Executor Appointed by the Testator's Will. CODICIL to the last will and testament of me, A. B., of bears date the day of which : WHEREAS by my said will I have appointed Codicils. C. D. to be one of the trustees and executors thereof [and also one of the guardians of my infant children after the decease of my wife]: And whereas the said C. D. having lately died, I am desirous that E. F., of shall be substituted as a trustee and executor of my said will [and a guardian of my infant children] in the place of the said C. D., deceased; I DO HEREBY declare that my said will shall be construed and take effect as if the name of the said E. F. were inserted in my said will throughout instead of the. name of the said C. D.: And in all other respects I do confirm my said will. IN WITNESS [etc., as in Form 1337]. 1341. Codicil Revoking the Appointment of One of Trustees and Executors, and Appointing a New One in His Place. A CODICIL [etc., as above]: WHEREAS by my said will I have appointed C. D. to be one of the trustees and executors thereof [and also one of the guardians of my infant children after the decease of my wife], and I have given him a legacy of dollars for his trouble in acting as such trustee and executor: Now I hereby revoke the appointment of the said C. D. as such trustee and executor [and guardian], and also the said legacy given to him as aforesaid: And I appoint E. F., of to be a trustee and executor of my said will [and also to be a guardian of my infant children after the decease of my said wife], in the place of the said C. D., and I give to the said E. F. a legacy of dollars for his trouble in acting as such trustee and executor: And I declare that my said will shall be construed and take effect as if the name of the said E. F. were inserted in my said will throughout instead of the name of the said C. D.: And in all other respects I confirm my said will. IN WITNESS [etc., as in Form 1337]. 1342. Codicil Appointing an Additional Trustee and Executor. CODICIL [etc., as in Form 1340]: WHEREAS by my said will I have appointed C. D., of and E. F., of to be the trustees and executors of my said will [and also to be the guardians of my infant children after the decease of my wife]: Now I hereby appoint G. H., of to be an additional trustee and executor of my said will [and to be an additional guardian of my infant children after the decease of my said wife], and I declare that my said will shall be read and construed as if the names of the said C. D., E. F. and G. H., were inserted therein throughout, instead of the names of the said C. D. and E. F., and that all the trusts and powers in and by my said will reposed in and made exercisable by the said C. D. and E. F., or the survivor of them, or the heirs, executors or administrators of such survivor, shall be executed and exercisable by the said C. D., E. F. and G. H., or the survivors or survivor of them, or the heirs, executors or administrators of such survivor: And in all other respects I confirm my said will. IN WITNESS [etc., as in Form 1337]. Attestation of Wills. III. INSTRUCTIONS FOR EXECUTION ACCORDING TO THE LAW OF THE VARIOUS STATES. A will should be in writing, signed by the testator, or by some person in his presence or by his direction, and attested by at least two witnesses, who must subscribe their names thereto in the presence of the testator.(g) Arkansas. The testator must sign the will at the end of it, or it must be done by some one for him at his request. There must be two attesting witnesses, either present at the signing, or to whom it must be subsequently acknowledged by the testator or testatrix, and in either case the testator or testatrix must state that the paper is his last will and testament. The witnesses shall sign their names as witnesses, at the end of the will, at the request of the testator. If the will, both in body and signature, be wholly in the handwriting of the testator or testatrix, and so proved to be, by at least three disinterested witnesses, there need be no attesting witnesses. But a witnessed will has preference over a will not witnessed, when they come in collision.(h) California. A will must be "signed by the testator, or by some person in his presence, and by his express direction, and attested by two or more competent witnesses subscribing their names to the will, in the presence of the testator."(1) Connecticut. A will must be "inscribed by the testator and attested by three witnesses, all of them subscribing in his presence."(j) Delaware. A will must be in writing, and signed by the testator, or by some other person in his or her presence, and by his or her express directions; and shall be attested and subscribed in the presence of the testator, by two or more credible witnesses. Florida. A will must be signed by the testator, or by some other person in his or her .presence, and by his or her express directions, and attested and subscribed in the presence of such testator and testatrix by three or more witnesses. Georgia. A will must be in writing, and signed by the testator or by some other person in his presence and by his express directions, and attested and subscribed in the presence of the testator by three or four credible witnesses.(k) (g) Code of 1852, 330, § 1611. (j) Comp. Stats. of 1854, 485, § 2. (k) Hotchkiss' Stat., 455, § 8. |