mises,) together with all the hereditaments and appurtenances thereunto belonging, or in any wise appertaining; to have and to hold the premises above described to the said C. B., his heirs and assigns for ever. Third. I give and devise all the rest, residue and remainder of my real estate, of every name and nature whatsoever, to my said daughter, M. B., and my said daughter-in-law, S. B., to be divided equally between them, share and share alike. And lastly, I give and bequeath all the rest, residue and remainder of my personal estate, goods and chattels, of what nature or kind soever, to my wife, E. B., whom I hereby appoint sole executrix of this my last will and testament, hereby revoking all former wills by me made. In witness whereof, I have hereunto set my hand and seal, this in the year of our Lord one thousand eight hundred day of and A. B. [SEAL.] The above instrument, consisting of one sheet, (or "two sheets,") was, at the date thereof, signed, sealed, published and declared by the said A. B., as and for his last will and testament, in presence of us, who, at his request and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto, (or "the above instrument consisting of one sheet, was, at the date thereof, declared to us by A. B., the testator therein mentioned, to be his last will and testament; and he at the same time acknowledged to us, and each of us, that he had signed and sealed the same, and we, therefore, at his request, and in his presence, and in the presence of each other, signed our names thereto as attesting witnesses.") WHEREAS I, A. B., of, &c., have made my last will and testament in writing, bearing date the day of in the year of our Lord one thousand eight hundred and in and by which I have given and bequeathed to, &c., (here set forth the bequest which the testator desires to change.) Now therefore, I do, by this my writing, which I hereby declare to be a codicil to my said last will and testament, and to be taken as a part thereof, order and declare that my will is, that only the sum of be paid to my daughter-in-law, S. B., in full of the said legacy; and that the sum of be given and paid to my nephew R. F.; and lastly, it is my desire that this codicil be annexed to, and made a part of, my last will and testament as aforesaid, to all intents and purposes. In witness, &c., (as in foregoing form of will, except that the attestion will read, as and for a codicil to his last will," &c.) Nomination of Executors in a Will. And lastly, I do hereby nominate and appoint my sons, C. B. and M. B., (or, "my friends, E. F. and L. M.,") to be the executors of this my last will and testament, hereby revoking all former wills by me made. Devise to Executors in Trust, with power to sell, &c. I give and devise all my real and personal estate, of what nature or kind soever, to E. F. and L. M., the executors of this my last will and testament, hereinafter nominated and appointed, in trust for the payment of my just debts and the legacies above specified, with power to sell and dispose of the same, at public or private sale, at such time or times, and upon such terms, and in such manner, as to them shall seem meet; provided, however, that no part of my real estate, as aforesaid, shall be sold at public auction, until after the expiration of three years from the time of my decease. INDEX. ABATEMENT. Pleas in, Form of pleas in, Who considered to be, ACTION. What forms of, may be brought before Justice, Qui tam, in debt for cutting timber, ADVERSE PARTY. When demand, discount, or set-off may be proved by oath of, 67, 68 161 32 44, 45 81 82 Of plaintiff or creditor can make oath or affidavit for warrant, 48 On trial of, no exception taken to form or service of process, APPEALS. 145 Married woman must appear in person when sued alone, Idiot to appear in person, Of infants, གཡུག་ 56 57 57 57 Effect of default or want of, 58 |