195 PRECEDENTS OF WILLS, CODICILS, REPUBLICATIONS, ETC. NUMBER I. Form of a Will of Money, Plate, Household Goods, and a Lease- in the year of our Lord 18 C. D. J. S. Place of Lthe seal. * Of late Years, as Mr. Roberts observes, in his Treatise on the Law of Wills, vol. ii. p. 456, it is not the fashion, (for there is a fashion even in the last acts of a man's life,) to preface wills in this form, but to omit the solemn preambles of wills made use of by our forefathers, such as "In the name of God, Amen;""My soul I humbly recommend to the mercy of Almighty God," &c. But this fashion has not been followed by many great and good men Mr. Burke's will ran thus: "First, according to the ancient, good, and laudable custom, of which my heart and understanding recognize the propriety, I bequeath my soul to God, hoping for his mercy through the only merits of our Lord and Saviour Jesus Christ." NUMBER II. Form of a Will, disposing of Goods, Money, and personal Effects, and not containing any Devise of Lands. IN THE NAME OF GOD, AMEN. I, J. M. of in the parish of in the city of London, linendraper, being of sound and disposing mind, memory, and understanding, but mindful of my mortality, do this day of in the year of our Lord make and publish this my last will and testament, in manner and form following That is to say, First, I desire to be decently and privately buried in the church-yard belonging to the parish in which I shall happen to die, without any funeral pomp, and with as little expense as may be; and I give and bequeath unto the poor of such parish the sum of 10l. to be distributed in such proportions and manner as my executrix, hereinafter named, shall think fit. Also I give and bequeath unto my eldest son, J. M. the sum of 500l. Also, I give and bequeath unto my second son, W. M. the like sum of 500l. Also, I give and bequeath unto my daughter, M. R. the like sum of 500l. The said several and respected legacies to be paid unto them severally and respectively, immediately after the expiration of one year after my decease. Also, I give to my three grand-daughters, Sarah, Catharine, and Mary, children of my second daughter, M. R. the sum of 100l. each. And I do desire that the said several sums of 100l. shall, within the space of one month after my decease, be placed and invested in some or one of the public funds of this kingdom, at the discretion of my executrix, hereinafter-named; and that the said several sums of 100l. or the funds or securities to be purchased therewith, shall be paid and transferred to my said granddaughters respectively, when and as they shall severally and respectively attain their several and respective ages of twentyone years, or day or days of marriage, which shall first happen; and that the interest accruing and arising therefrom, in the mean time, shall be applied towards their education and maintenance respectively, until they shall severally and respectively attain their said ages, or day or days of marriage, as aforesaid; and in case any or either of them the said Sarah, Catharine, and Mary, shall happen to die before her or their attaining their said age of twenty-one years, and unmarried, then I give the share of her or them so dying, unto the survivors or survivor of them; and if all my grand-daughters shall happen to die before the attaining the age of twentyyears, and unmarried, then I give and bequeath the whole of the said several sums of 1001. making in the whole the sum of 3001. unto my said daughter Mary, if she shall be then living. And whereas J. D. of London, barber, is indebted to me in the sum of 2001. principal money, upon bond; now I do hereby give, forgive, and release unto the said J. D. the sum of 100l. part of the said sum of 2001. and do hereby will and direct that my executrix, hereinafter named, do excuse and release the said sum of 100l. to him. Also, I give to my wife, M. M. the use of all my plate, household goods, and furniture whatsoever, which shall be in my dwelling-house at the time of my death, during her life-time; and after her decease, I give the same to my son, J. M. his executors, administrators, and assigns. And as to all the rest, residue, and remainder of my estate whatsoever and wheresoever, and of what nature, kind, and quality soever the same may be, and not hereinbefore given and disposed of, after payment of my debts, legacies, funeral expenses, and the expense of proving this my will, I do hereby give and bequeath the same, being all personal, unto my dear wife, the said M. M. her executors, administrators, and assigns, to and for her and their own use and benefit absolutely; and I do hereby make, ordain, constitute, and appoint my said wife, M. M. sole executrix of this my last will and testament, hereby revoking all former and other wills and testaments by me at any time heretofore made. In witness whereof I have, to this my last will and testament, set and subscribed my hand and seal, the day and year first above written. Signed, sealed, published, and declared by the said testator, J. M. as and for his last will and testament, in the presence of us, who at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses thereto. J. M. -Place of the seal. C. P. NUMBER III. Form of a Will by a married Woman, by Virtue of a Settlement made previous to her Marriage, in which she disposes of her personal Estate. IN THE NAME OF GOD, AMEN. I, E. M. now wife of J. M, of the parish of Westminster, in the county of Middlesex, Esquire, late E. F. spinster, being sick and weak of body, but of sound and disposing mind, memory, and understanding, do hereby, in pursuance and exercise of the power and authority given and reserved to me, in and by the settlement made previous to my marriage with the said J. M. and by force and virtue of all and every the power and powers, authority and authorities in me being, or enabling me thereto, make my last will and testament, in manner following That is to say, I give and bequeath unto my beloved husband the sum of 2001. Also, I give and bequeath unto my brother, W. F. the sum of 1001. Also, I give and bequeath unto my cousin, A. S. widow, the sum of 100l. All the rest, residue, and remainder of my estate and effects of what kind or nature soever, which I have or shall have a right to dispose of, I give and bequeath unto my nephew and niece, J. and M. F. equally to be divided between them, in case they are both living at the time of my death; but if either of them shall happen to die before me, then I give and bequeath the share of him or her so dying to the survivor of them. And I do hereby nominate, constitute and appoint my brother, W. F. aforesaid, sole executor of this my last will and testament. In witness whereof I have hereunto set my hand and seal the day of in the year of our Lord 18 Signed, sealed, &c. } E. M. Place of Lthe seal. NUMBER IV. Form of a Will disposing of Lands only. THIS is the last will and testament of me, J. D. of in the in the city of London, gentleman, being of sound and disposing mind, memory, and understanding. First, I give, devise, and bequeath unto R. R. the younger, of aforesaid, gentleman, all those my freehold messuages, lands, tenements, hereditaments, and premises, with the appurtenances whereof I am seized in fee, situate, lying, and being at county of and now or late in the several tenures or occupations of J. M. &c. (mentioning the names of the tenants of the premises) or some or one of them, their or some or one of their under-tenants or assigns, to have and to hold all and every the said lands, tenements, and hereditaments, with the appurtenances, situate as aforesaid, to him the said R. R. his heirs and assigns for ever. Also, I give, devise, and bequeath unto my second son, W. D. all that my freehold farm, lands, and premises, situate at aforesaid, and now in the possession of R. F. as tenant thereof to me, to hold the same farm, lands, and premises, unto my said son, W. D. for and during the term of his natural life; and from and immediately after his decease, I give, devise, and bequeath the said farm, lands, and premises to my grand-daughter, M. D. her heirs and assigns for ever. Also, I give and bequeath unto W. T. of 2 in the county of Esquire, all those my copyhold lands, messuages, tenements, and hereditaments, (and which I have surrendered to the use of my will) situate, lying, and being at in the county of and which now are, or lately were, in the tenure or occupation of E. R. his under-tenants or assigns, to have and to hold the said copyhold lands, messuages, and tenements, to the said W. T. his heirs and assigns for ever, according to the custom of the manor of which the same are holden. And I do hereby also give, devise, and bequeath unto my said son, W. D. all those my four freehold messuages or dwelling-houses, situate in street, London, aforesaid, being Nos. and now being in the several tenures or occupations of, &c. (mentioning the tenants' names) to have and to hold the same to my said son, W. D. and to the heirs of his body, lawfully begotten, or to be begotten; and for default of such heirs, then to the right heirs of me the said J. D. for ever. Also, I give, devise, and bequeath unto J. D. of London, mercer, and R. F. of street, London, aforesaid, linen-draper, all that my freehold estate, farm, lands, and premises, whereof I am seized in fee, situate, lying, and being at in the county of and now in the tenure or occupation of H. R. as tenant to me of the same, under a lease for twentyone years, from 18 to have and to hold the same estate, farm, lands, and premises, with the appurtenances, unto the said J. D. and R. F. [their heirs and assigns for ever, as tenants in common and not as joint tenants]. If it is intended to make the devisees joint-tenants, the words of the devise are to be exactly similar till the beginning of the brackets, and then, instead of the words inserted between them, say, [and the survivor of them, his heirs and assigns for ever, as joint-tenants and not as tenants in common.] And as to all the rest, residue, and remainder of my real and copyhold estates whatsoever, and wheresoever the same may be situate, lying, and being, I do hereby give, devise, and bequeath the same to my said son, W. D. to have and to hold the same to my said son, W.D. his heirs and assigns for ever. In witness whereof I, the said J. D. have, to this my last will and testament, set and subscribed my hand and seal, the in the year of our Lord 18 day of |