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PROVISO THAT BUMS ADVANCED BY TESTATOR IN HIS LIFETIME

M 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 sball be equal to the share or shares of such child or children respecto ively, of and in 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 udvanced 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 Baid 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 bereby 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 messuago or tenoment, with the appurtenances, situato, &c., with the lands and hereditaments thereunto belonging; and the renta issues, and profits thereof, for and during the term ɔf her natural life; and from and after the decease of my said wife, I give and bequeath the said messuago or tenement, lands, and hereditamento, 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 sutisfaction and recompense of, and for her dower and thirds, which she may, or can in any wise claiın or demand out of my estate.

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

MORTGAGES.

A MORTGAGER is one who makes a mortgage; a MORTUAGEE 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 bis 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 thut 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 offico 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 tho instrument; they must also be rocorded 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 truc copy of euch mortgago, together with a statement of the real inter cnt of the mortgagee in tho property, sball, 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 filo 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 our 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 tho 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 de mand whatsoever, of the said parties of the first part, of, in, and to the same, and every par- thereof, with the appurtenances, To have and to hold the said hereby granted premises, with tho 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 heire, execu. tors, administrators, or assigns, shall pay into the said party of the soconi part, bis executors, administrators, or assigns, the sum of

on or before the — day of —, which will be in the year witb interest, according to the condition of a bond of the said J J., to the said C. K., bearing even date herewitli, thon these presents shall become void, and the estate hereby granted shall cease and utterly determine. But if default shall be made in the payment of the said sum of money, or the interest, or of any part thereof, at the time hereinbefore specified for the pay. ment thereof, the said parties of the first part, in such case, do hereby authorize and fully empower the said party of the second part, his executors, administrators, and assigns, io sell the said bereby granted premises, at public auction, and convey the same to the purchaser, in fee simple, agreeably to the act in such caso made and provided, and out of the moneys arising from such sale, to retain the principle and interest which shall then be due on the said bond, together with all costs and charges, and pay the over plus (if any) to the said J. J., party of the first part his heirs, oxocutors, administrators, or assigns.

Io witness whereof, the parties to these presents have hereunto set their hands and seals, the day and year first above written. Sealed and delivered in

JOHN JAY, [L. . the presence of

AMELIA JAY, l. s.) JOHN SMITH.

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A Mortgage given for part of the Purchase-Money of Land.

This Inderture, made the day of —, in the year of our Lord between A. B., of the city of New York, merchant, of the first part, and S. B., of the said city, esquire, of the second part, witnesseth : That the said party of the first part, for and in consideration of the sum of three thousand dollars, lawful money of the United States, to him in hand paid, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, aliened, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, releaso, convey and confirm, unto the said party of the second part, and to his heirs and assigns forever, all those three certain lots, pieces and parcels of land, situate, lying and being, &c.; the said three lots of land being part of the pro mises this day conveyed to the said A. B. by the said S. B. and his wife, and these presents are given to secure the payment of part of the consideration-money of the said premises; together with all and singular the hereditaments and appurtenances thereunto be longing, or in any wise appertaining, and the reversion and rever. sitns, 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 party 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 propor uso, benefit, and behoof forever. Provided always, and these pro day of

sonts are upon this condition, that if the said party of the first part, bis heirs, executors, administrators, or assigns, shall pay unto the said party of the second part, his executors, administrators, or as signs, the sum of three thousand dollars, lawful money aforesaid, op or before the

next, with interest thereon at the rate of six per cent per annum, payable half-yearly, on the first days of May and November in each year, until the whole principal sur shall be fully paid and satisfied, according to the condition of the bond of the said A. B. to the said' S. B., bearing even date herewith, then these presents, and the estate hereby granted, shall cease and be void. And if default shall be made in the payment of the said sum of money, or the interest, or of any part thereof, at the time berein before specified for the payment thereof, the said party of the first part in such case does hereby authorize and fully empower the said party of the second part, his executors, administrators, and assigns, to sell the said hereby granted premises at public auction, and convey the same to the purchaser, in fee simple, ao cording to law, and out of the moneys arising from such sale to retain the principal and interest which shall then be due on the said bond, together with all the costs and charges, and the overplus (if any) pay to the said party of the first part, his heirs, executors, administrators, and assigns. And it is also agreed, by and between the parties to these presents, that until the payment of the said principal and interest moneys in full, it shall be lawful for the party of the second part, his executors, administrators, or assigns, to keep the buildiags erected, or to be erected, upon the lands above conveyed, insured against loss or damage by fire, and these presents shall operate to secure the repayment of the premium or premiums paid for effecting or continuing such insurance

In witness, &c., [as in Morlgage of Lands by Husband and Wife)

Mortgage on Lease. This Indenture, made the

day of

in the year one thon sand eight hundred and between A. B., of the city of New York, of the first part, and C. D. of the second part: Whereas E F. did, by a certain indenture of lease, bearing date the day of

--, in the year one thousand eight hundred and -, demise release, and to farm let, unto G. H., and to his exec itors, adminis trators, and assigns, all and singular the premises hereinafter meu tioned and described, together with their appurtenances : 1'o bave und to hold the same unto the said G. H., and to his executors, ad. ministrators, and assigns, for and during and until the full end and term of years, from the

day of and fully to be complete and ended, yielding and paying therefor anto the said E. F., and to his executors or assigns, the yearly rent or sum of which said indenture of Jease and term of year

in the year

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