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Fifth. I give and devise to my son, T. B., his heirs and assigns forever, the house-lot and buildings thereon, situated in said E., which I bought of W. H., and now occupied by my said son, T. B.

Sixth. I give, bequeath, and devise to my grandsons, A. B. and C. B., children of my son M. B., deceased, all that tract or parcel of land situated in D., in the county of S., which I bought of A. P., containing about fifty acres, be the same more or less, bounded, &c.; and also the sum of five hundred dollars, to be equally divided between them; all the aforesaid sums of money I order to be paid in one year after my decease.

Lastly. I give, bequeath, and devise to my son, A. B., jr., his heirs and assigns forever, all the rest, residue, and remainder of my estate, real, personal, and mixed, wherever found and however situated; and I do hereby appoint my said son, A. B., jr., sole executor of this my last will and testament, hereby revoking all former wills by me made.

IN WITNESS WHEREOF, I have hereunto set my hand, this day of —, in the year of our Lord one thousand eight hundred and seventy-. A. B.

Signed, published, and declared by the said A. B., to be his last will and testament, in presence of us, who, at his request, in his presence and in the presence of each other, have subscribed our names as witnesses thereto.

L. M.

P. S. J. W.

Codicil to a will.

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Whereas I, A. B., of E., in the county of C., and State of Maine, on the day of, A. D.-, made and executed my last will and testament in writing; and whereas by my said will I gave and bequeathed to my daughter, H. B., the sum of five hundred dollars, who has since deceased, now I do hereby make and declare this writing to be a codicil to my said last will and testament, to be annexed to and taken and allowed as part thereof, and I revoke said bequest.

And I do give and bequeath to my beloved wife, S. B., and my two daughters, C. B. and S. B., the said sum of five hundred dollars, to be equally divided between them.

IN TESTIMONY WHEREOF, I have hereunto set my hand, this day of, in the year of our Lord one thousand eight hundred and seventy-.

A. B.

Signed, published, and declared by the said A. B., to be a codicil to his last will and testament, in presence of us, whọ, at his request, in his presence and in the presence of each other, have subscribed our names as witnesses thereto.

L. M.

W. R.

N. T.

In the above general forms for wills, other clauses may be inserted to carry out the design of the testator, as follows:

Devise of lands to a married woman to her sole use.

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I give and devise to my beloved daughter, S. D., wife of E. D., of, &c., sixty acres of land, with the buildings thereon, situate in, in the county of, bounded northerly by land of - easterly by land of southerly by land of —, and westerly by the highway from ; being the same premises I purchased of To have and to hold the said premises, with the appurtenances to her the said S. D. to her sole and separate use, free from the interference or control of her.said husband, and to her heirs and assigns forever.

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Bequest of personal property to a married woman to her sole

use.

I give and bequeath to my niece, A. N., wife of G. N., five hundred dollars cash, to be paid her by my executor in one year after my decease; ten shares in the capital stock of the P. S. & P. Railroad, and one-half of the household furniture now in my house; to have and to hold the same to the sole and separate use of said A. N., free from any interference or control of her said husband.

Devise to a wife in lieu of dower.

Also, I devise to my wife, E. B., the house in which I now live, and the buildings appurtenant to the same, and the household furniture of every kind now being in said house, and the following described tract of land, &c. To have and to hold to her, the said E. B., for the term of her natural life, in lieu and in full satisfaction of her dower, and of all her right of dower in and out of all the lands and tenements whereof I shall die seised (or of all her right of dower in any and all lands and tenements whereof I now am, or have been, or hereafter shall be seised, during my marriage to my said wife).

Devise of lands in trust.

Also, I give and devise to N. B., &c., a certain, &c. [Here describe the premises.] To have and to hold to the said N. B., in trust, that the said N. B. shall carry on and improve the same to the best advantage, and yearly and every year pay over to my son, R. B., the clear annual income of said premises, after deducting the necessary expenses of carrying on and improving the same, in such sums and at such times as the said N. B. shall think most beneficial to the said R. B. and his family, during the lifetime of said R. B.; and in case my said son should die, leaving children under age, then in trust to carry on and improve said premises, and pay over and apply the clear annual income thereof in manner aforesaid, to and for the support, maintenance, and education of said children, until their respective ages of twentyone years; and in case the said children or any of them shall arrive at the age of twenty-one years, then in trust to convey and assure to each of said children his equal share and proportion of said estate in fee. But if the said R. B. shall die leaving no children, or if his said children should die under twenty-one years of age, and without lawful issue, then I give and devise the same premises to the said N. B. and his heirs, to his and their sole use and benefit forever.

NUNCUPATIVE WILLS.

Form of nuncupative will.

The last will and testament of -, in the county of, deceased, declared to him by word of mouth in the time of the last sickness of said deceased, and in his usual dwelling, on the day of -, in the presence of us, who at the time of pronouncing the same were requested by the testator to bear witness that such was his will, and who have subscribed our names as witnesses thereof: My will is [here insert the very words].

IN WITNESS WHEREOF, we have hereunto set our hands the day of - 18-.

Another form for same.

A. B.

C. D.

E. F.

Be it remembered, that on the first day of, A. D. 18, W. P., late of H., in the county of M., deceased, in his last sickness, at his usual dwelling (or at the dwelling of A. B., in C., where he was taken sick from home, and died before his return, as the case may be), in presence of the subscribers, who were requested by the said W. P. to bear witness thereto, did declare and pronounce as and for his last will and testament, as follows: [here insert the words]. And the said testamentary words of the said W. P. were by us reduced to writing within six days from the time of declaring the same, to wit, on said day of

J. S.

P. H.

J. G.

INDEX OF FORMS.

ABANDONMENT-in case of marine insurance, 559.
ACCUSATION--of pregnant woman, 310.
ACKNOWLEDGMENT-of deeds by private individual, 332.
by an attorney, 332.

by a corporation, 332.

by husband and wife, 333.
of submission, 295.

ACQUITTAL-record of, 362.
AFFIDAVIT-general form, 559.

To be used out of State, 559.

of service of notice of foreclosure for chattel mortgage, 575.

to procure arrest on mesne process, 67.

by attorney, on loss of writ, 122.

by officer, of service of lost writ, 122.

of service of notice on absent defendant, 124.

of absent witness, 129.

of service of notice on adverse party, 153.

of service of notice to terminate tenancy at will, 302.
AFFIRMATION-to support the Constitution, etc., 4.
to witness, 152.

AGREEMENT-on sale of potatoes, 560.

to convey land, 560.

to build a house, 560.

to compound debts, 561.

not to sue, 561.

between trader and factor, 561.

of copartnership, 562.

dissolution of copartnership, 563.

with provision for liquidated damages, 564.

for the right to manufacture a patented article, 564.
for sale of goods and good will, 564.

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