sum of

ment to and with the payment of the said annuity, yearly rent, or accordingly; and my will is, that in case the said arnuity, or any part thereof, shall be behind or unpaid by the space of twenty days next after the aforesaid whereon the same is herein before directed to be paid as aforesaid, (being lawfully demanded,) that then and so often it shall and may be lawful for my said wife, and her assigns, to enter upon the said premises charged with the said annuity as aforesaid, and distrain for the same, or for so much thereof as shall be so in arrear; and the distress and distresses then and there found, to detain and keep, until she shal be fully paid and satisfied all such arrearages, with costs and charges in and about making and keeping thereof; and in case the said annuity, or any part thereof, shall be behind or unpaid for the space of forty days next after any of the said days of payment whereon the same ought to be paid, as aforesaid, that then and so often it shall and may be lawful for my said wife, and her assigns into all and singular the premises charged with the said annuity as aforesaid to enter, and the rents, issues, and profits thereof to receive and take, until she be therewith and thereby, or by the person or persons who shall be then entitled to the immediate possession of the premises, paid and satisfied the same and every part thereof, and all the arrears thereof incurred before, and that shall incur during such time as she shall receive the rents, issues, and profits thereof, or be entitled to receive the samo by virtue of such entry, to be made as aforesaid, together with her costs, damages, and expenses laid out and sustained, by reason of the nonpayment thereof, or any part thereof.

Also, I will and ordain, that the executor of this my last will and testament, or his executor or executors, for and towards the performance of my said testament, shall, with all convenient speed after my decease, bargain, sell, and alien, in fee simple, all those my lands called , for the doing, executing, and perfect fin ishing whereof, I do by these presents give to my said executor, and his executor or executors, full power and authority to grant alien, bargain, sell, convey, and assure all the same lands, called to any person or persons, and their heirs forevor, in fee simple, by all and every such lawful ways and means in the law, as to my said executor, or his executor or executors, or to his or their counsel, learned in the law, shall seem fit or necessary.

And I do hereby appoint my trusty friend, E. B., executor of this my last will and testament, and do give unto him the sum of in consideration of the pains and trouble he will have in

the execution of this my will.

Also, for the better education of my children, A., B., and C., I do give and dispose of the tuition and custody of them, and every of them, unto my wife E. B., for such time as they or any of them rospectively continue unmarried, and under the age of one-andtwenty years, and my said wife remains my widow; but if my said

wife should die or marry, during the single life and nonage of any of my said children, so being unmarried and under the age of one and-twenty years at the marriage or death of my wife, unto any said executor, E. E.

And my will is, and I do hereby expressly declare, that my said executor, his executor or executors, shall not be charged or charge. able with, or accountable for more of the aforesaid moneys or estates than he or they shall actually receive, or shall come to his or their respective hands by virtue of this my will, or with or for any loss which shall happen of the said m neys or estates, or of any part of my personal estate, so as such loss happen without his or their wilful default and neglect.

And also, that it shall and may be lawful for him, my said exec utor, and his executor or executors, in the first place, out of the said premises respectively, and out of the residue of my personal estate, to deduct and reimburse him and themselves respectively, all such loss, costs, charges and expenses as he or they shall sustain, expend, or be put unto, for or by reason of the performance of this my will, or the management or execution thereof respectively, or any other thing in any wise relating thereto.

And finally, all the rest, residue, and remainder of all my estate and effects, real and personal, whatsoever and wheresoever, not herein before otherwise effectually disposed of, (after payment of my debts, legacies, and funeral expenses, and other charges and deductions as aforesaid,) I do give, devise, and bequeath unto my eldest son, A. B

In witness, &c.

A. B.

This will must be attested in the same manner as in the preceding forms.

THE following clauses may be inserted, if necessary, in either of the foregoing wills.

CLAUSE CONCERNING DISPUTES ABOUT ANY GIFT OR BEQUEST IN A WILL.

AND lastly, my express will and meaning is, and I do hereby or der and appoint, that if any difference, dispute, question, or controversy shall be moved, arise, or happen, concerning any gift, be quest, matter or thing in this my will given and bequeathed, ex. pressed or contained, that then no suit or suits, in law or equity, or otherwise, shall be brought, commenced, or prosecuted for and concerning the same, but the same shall be referred wholly to the award, order, and determination of my friends F. H. and R. D, both of. &c.. and what they shall order, direct, cr determine therein shall be binding and conclusive to all and every person and persons therein concerned.

A. W

PROVISO THAT SUMS ADVANCED BY TESTATOR IN HIS LIFETIME TO CHILDREN SHALL BE TAKEN AS PART OF PORTION.

PROVIDED always, and I do hereby declare, that in case I shall, in my lifetime, advance and pay to any of my children, either sons or daughters, any sum or sums of money, for his or their benefit or advancement in the world, or otherwise, and shall signify the same in writing under my hand, then if any such sum or sums shall be equal to the share or shares of such child or children respect ively, of and i the premises, &c., by me hereby devised or be queathed for their respective benefits, such sum or sums, so paid or advanced, shall in that case be accounted in full satisfaction of the share or shares of such child or children respectively, in the said estate and premises; but if such advanced sum or sums shall be less than the share or shares of such child or children respectively, of and in the said premises, &c, then such advanced sum or sums shall be accounted as part only of the share or shares of such child or children therein, and in that case such child or children shall not receive or be entitled to any share or interest of, or in such parts of the said premises, &c., which shall have been paid or advanced to him, her, or them, for the purposes aforesaid, until the other or others of such child or children shall have received as much of the said premises, &c., as shall make his, her, or their share or shares thereof equal to what shall have been so paid or advanced to or for the benefit, advantage, or preferment of such child or children respectively; to the end and intent that the said premises may be equally divided among all such children, share and share alike.

APPOINTMENT OF GUARDIANSHIP.

AND I hereby commit the guardianship of all my children, until they shall respectively attain the age of twenty-one years, unto my Baid wife, during her life, if she shall so long continue my widow; and from and after her decease, or second marriage, unto my trusty and much-esteemed friend A. B., his executors and assigns: and do hereby declare that the expenses of the maintenance and educa tion of my said children, until they shall attain the age aforesaid, or become entitled to the sum or sums of money hereby provided for their benefits respectively, shall be paid and borne by my said wife, by and out of the moneys and estate given and bequeathed to her in and by this my will.

Devise from a Husband to his Wife of an Estate for Life, in Lieu of Dower, Remainder to his Children as

Tenants in Common.

ITEM. I give and devise unto my said wife, all that my said messuage or tenement, with the appurtenances, situate, &c., with

the lands and hereditaments thereunto belonging, and the renta issues, and profits thereof, for and during the term of her natural life; and from and after the decease of my said wife, I give and bequeath the said messuage or tenement, lands, and hereditaments, unto such child or children, as I shall leave or have living at the time of my decease, and to their heirs and assigns forever, as tenants in common and if I shall have no such child or children, &c., then I give and devise, &c., which said legacy given to my said wife as aforesaid, I hereby declare is intended to be, and is so given to her, in full satisfaction and recompense of, and for her dower and thirds, which she may, or can in any wise claim or demand out of my estate.

Item. I give and devise all the rest and residue of my estate both real and personal, (not herein before by me given and be queathed,) unto, &c.

MORTGAGES.

A MORTGAGER is one who makes a mortgage; a MORTGAGEE is one to whom a mortgage is made.

A mortgage is the pledging of an estate for the security of a debt, and becomes void when the debt is paid. Any person own ing an interest in, or the whole of an estato, is at liberty to mortgage his or her claim upon or interest in it, provided he or she is not under age. A married woman cannot make a mortgage without the consent of her husband. It frequently happens that embarrassed persons give as many as five mortgages, to as many different persons, on their estates. A first mortgage, however, takes precedence of all subsequent mortgages or conveyances, provided it is recorded. All mortgages must be recorded in the clerk's office of the county in which the property lies.

All mortgages on personal property, to be valid, must be ro corded in the town clerk's office in which the property lies at the time of the execution of the instrument; they must also be recorded in the town clerk's office of every town to which the property may be removed. When the property is in a city where the county clerk's office is kept, then the mortgage must be recorded in that office. Such mortgages will cease to be valid after the expiration of one year from the recording thereof, unless a true copy of such mortgago, together with a statement of the real inter est of the mortgagee in the property, shall, within thirty days of

the expiration of the year, be again filed in the office of the town or county clerk in which the mortgager shall then reside.

When the mortgage is paid, a certificate to that effect from the mortgagee or his legal representatives, duly acknowledged by a commissioner of deeds, must be presented to the clerk of the town or county office in which the mortgage is recorded, who will file it, and the mortgage is at an end.

A mortgage, to secure the purchase-money, made at the time of the purchase, takes precedence of any previous judgment against the mortgager.

A mortgage sometimes conveys to the mortgagee the power to sell, in such cases, the mortgagee may sell the property without the aid of any court. Such sale, however, will not do away with a judgment or mortgage obtained prior to the sale. All such sales must be made at public auction.

Mortgage of Lands by Husband and Wife.

THIS Indenture, made the day of in the year of oar Lord one thousand eight hundred and between J. J., of the city of New-York, merchant, und A. his wife, of the first part, and C. K., of said city. merchant, of the second part, witnesseth: That the said parties of the first part, for and in consideration of the sum of lawful money of the United States, to them in hand paid, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, release, convey and confirm, unto the said party of the second part, and to his assigns forever, all that certain lot, &c.; together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, dower, possession, claim, and demand whatsoever, of the said parties of the first part, of, in, and to the same, and every part thereof, with the appurtenances, To have and to hold the said hereby granted premises, with the appurtenances, unto the said party of the second part, his heirs, and assigns, to his and their only proper use, benefit and behoof forever. Provided always, and these presents are upon this condition, that if the said parties of the first part, their heirs, executors, administrators, or assigns, shall pay unto the said party of the second part, his executors, administrators, or assigns, the sum of

on or before the day of, which will be in the year with interest, according to the condition of a bond of the