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assigns, to his and their only proper use, benefit, and be hoof for ever, In witness whereof, the said Richard King hath hereunto set his hand and seal, the twentysecond day of November, in the year of our Lord eighteen hundred and thirty-two.
RICHARD KING (SEAL.]
WILLS AND TESTAMENTS.
W A devise of lands and tenements is, by the common law, termed a will; and where it concerns chattels only, it is called a testament; but at this day this distinction is not much regarded. A will, in common acceptation, is an expression of a man's desire or intent, in relation to the disposal of his property after his death. Where a person, in his last illness, declares his intention to have his property, after his death, disposed of in a certain way, and such declaration is not reduced to writing in his lifetime, it is called a nuncupative will, and is available to a certain extent, when proven agreeably to the provisions of the statute.
I, Jonathan Smith, of Bloomington, in the state of Indiana, do make and publish this my last will and testament, hereby revoking and making void all former wills by me at any time heretofore made. First, I direct that my body be decently interred, and that my funeral be conducted in a manner corresponding with my estate and situation in life; and as to such worldly estate as it has pleased God to intrust me with, I dispose of the same in the following manner, to wit: I direcť first that all my just debts and funeral expenses be paid as soon after my decease as possible, out of the first moneys that shall come to the hands of my executors, from any portion of my estate, real or personal. I also direct that a fair valuation or appraisement be made by three judicious neighbours, of all my said estate, including my household furniture, and after being signed with their names, that a copy of the same be given by them to each of my executors. I
also direct that all my stock in trade be sold by public auction, for ready money; and that all the real estate of which I shall die seized or possessed, shall be sold by my executors for its reasonable value, for cash, or on such credit, and the amount thereof secured in such manner, as is usual in like cases, to insure the full and punctual payment thereof. And to effectuate this my.intention, I hereby vest my executors with full power and authority to dispose of my real estate, in fee simple, or for a term of years, or otherwise, in as full and ample a manner, in every respect, as I could myself do, if living. I also direct that the whole of my household furniture, except such articles as are herein specifically bequeathed to my several children, shall be and remain the absolute property of my beloved wife, if she shall be living at the time of my decease; but if she shall not survive me, then that the same shall be given absolutely to such of my daughters as shall be then living and unmarried, share and share alike, and to be apportioned by three impartial neighbors, mutually chosen by said daughters for that purpose. I also direct that the nett produce of my personal estate, herein before ordered by me to be disposed of, be equally divided, as soon as it can be done, share and share alike, amongst my said wife and such of my several children as shall survive me; and that the produce of my real estate, if sold on credit, shall be divided in like manner, as soon as it shall come into the hands of my executors; and the heirs or representatives of any of my children who shall have died between the time of my decease and the time of such division or distribution, are to be entitled to such share or shares as their respective ancestors would have been entitled to receive, if then living. I also give and bequeath to my two sons, two secretaries, standing at present in the south-east room of my dwellinghouse, the eldest to haye choice. And I further declare and direct that the share of my real and personal estate thus bequeathed to my said wife shall be in lieu of her dower, if she shall so elect. And I hereby make and ordain my worthy and esteemed friends, John Williamson and James Richards, executors of this my last will and testament. In witness whereof, I, Jonathan Smith, the testator, have hereunto set my hand and seal, this twenty.
second day of November, in the year of our Lord eighteena hundred and thirty-two.
JONATHAN SMITH (SEAL.] Signed, sealed, published, and declared, by the above named Jonathan Smith, as his last will and testament, in the presence of us, who have hereunto subscribed our names as witnesses thereto, in the presence of the said testator, aud in the presence of each other.
To a will devising real estate, the statute of Indiana requires, the attestation of two competent witness. es, who shall subscribe the same in the presence of the testator. Rev. L. 272.
A clause as to the guardianship of children.
And in case I shall leave any child or children, living at the time of my decease, I hereby direct and appoint, that my said dear wife shall have the guardiapship and tuition of them during their minority, so long as she shall continue sole and unmarried; and in case of her marriage or death, during the minority of such my children, then I direct and appoint, that my esteemed friend, John Williamson, shall have the tuition and guardianship of them during such their minority; and in case of his refusal, renunciation, or death, I will and direct, that my other executor, James Richards, shall exercise the said guardianship. And I earnestly entreat the utmost care and attention respectively, in and about the education and morals of my said children.
A proviso, in case of a daughter marrying without consené,
Provided, nevertheless, and my further will is, that is case both or either of my said daughters, shall, before their respective ages of twenty-one years, intermarry with any person or persons, against or without the consent of my said wife, if then living, but if dead, then without the consent and approbation of my said executors, or the survivor of them, then and in such case, the intes
Test only, at six per cent. per annum, of the portion of such daughter, or daughters, shall be paid to her or them, during her or their respective lives, for her or their sole and seperate use and benefit, exclusive of any husband; and that upon the death of such daughter or daughters, marrying without such consent as aforesaid, the portion or portions, so given or intended for such daughter or daughters, shall go and be paid to and for the use and benefit of all and every the child or children of such daughter, so marrying without such consent as aforesaid; the same to be equally divided amongst them, if more than one, and to be paid to such child or children at their respective ages of twenty-one years, of day or days of marriage, which shall first happen.
A codicil to a will, giving additional legacies. Whereas, I Adam Burnet, of Centreville in the state of Indiana, having made and duly executed my last will and testament, in writing, bearing date, the tenth day of March, in the year eighteen hundred and thirty. Now, I do hereby declare this present writing to be a codicil to the said will, and direct the same to be annexed thereto, and taken as part thereof, and I do hereby give, bequeath, &c. In witness whereof, I, the said Adam Bur. net, have to this codicil set my hand and seal, this twenty-third day of November, in the year of our Lord, eighteen hundred and thirty-two.
A codicil to a will, revoking legacies.. Whereas, I, Adam Burnet, &c. [as above.] Now, l, the said Adam Burnet, being desirous of altering my said will, in respect to the legacies therein bequeathed, do therefore make this present writing, which I will and direct to be annexed as a codicil to my said will, and taken as a part thereof; and I do hereby revoke the legacies by my said will given to and
and I hereby give and bequeath to each of them the said and
the sum of , only; and I do hereby give and bequeath unto, &c. And i hereby ratify and confirm my said will in every thing, except where the same is hereby revoked and altered as aforesaid. In witness whereof, &c.
W A codicil requires the same attestation as the ori
Form of the conclusion and attestation, when the will is writ
ten on several sheets.
I do hereby make, ordain, constitute, abd appoint, A. B. and C. D. executors of this my said will and testament, bereby reyoking all former wills by me at any time heretofore made, and do declare this to be my last will and testament, contained in this and the four preceding sheets, set my hand and seal, to wit, my hand to the bottom of each of the foregoing sheets, and my hand and seal to this last sheet, this twenty.third day of No. vember, in the year of our Lord eighteen hundred and thirty-two.
J. S. [3EAL) The writing contained in this and the four preceeding sheets, was signed and sealed by the above named J.S. and by him published and declared to be bis last will and testament, in the presence of us, who have hereunto subscribed our names as witnesses, in the presence of the said testator and in the presence of each other.
D. V. Attestation of a codicil. Signed, sealed, and published by the said Adam Ben
as a codicil to be added to and made a part of his last will and testament, in the presence of us, who have hereunto subscribed our narnes, as witnesses, in his presence and in the presence of each other.
Z. B. A nuncupatide will, committed to writing. The will, by word of mouth, of Thomas Boyd of made and declared by him, on the sixteenth day of November, in the year of our Lord, eighteen hundred and thirty-two, in the presence of us, who have subscribed our names as witnesses hereto.
My will is, that, &c. [The express words as near as pose sible, of the deceased.]