furrendered and affigned premifes, or any part thereof, by reason, colour or means of the faid in part recited indenture of demife or mortgage, or any covenant, provifo, matter or thing therein contained, or otherwife how foever: but thereof & there. from, and of and from all actions, fuits and demands whatsoever, which I, my executors, administrators or affigns, or any of us, may have concerning the fame, fhall be wholly and entirely debarred.

In witness, &c.

A Declaration of a Trust on a mortgaged Term without Surrender.

WHERE!

of

HEREAS in and by one indenture of demife or mortgage, bearing date and made or mentioned to be made between A. B. of the one part, and C. D. of of the other part, the faid A. B. for and in confideration of 1000 dolls. of lawful money of, &c. therein mentioned to be paid by the faid C. D. to the faid A. B. did demife, &c. [Here go on and recite the mortgage as in the loft furrender.] to hold for a long term of years, defeasible on repayment by the faid A. B. to the faid C. D. of the faid 1000 dols. with intereft on certain days therein mentioned, as in and by the faid indenture may more fully appear: Now know all men, by thefe prefents that I the faid C. D. de hereby fignify and declare that 300 dols. part of the faid 1000 dols. are the proper monies of E. F. of and zoo dols. more, other part of the faid principal fum, are the proper monies of G. H. of And therefore the faid C. D. doth hereby declare, grant and agree, that he the faid C. D. his executors and adminiftrators, fhall and will from henceforth ftand poffeffed of, and interested in the faid mortgage and mortgaged premifes, and every part thereof, in truft, as well for fecuring the payment of the faid fum of 300 dols. and inter. eft to the faid E. F. his executors, adminiftrators and affigns, and the faid fum of zoo dols. and interest to the said G. H. his executors, adminiftrators and af figns, as for fecuring the re-payment of the other 500 dols. and intereft to him the faid C. D. his executors, adminiftrators and affigns: And that neither he the faid C. D. his executors nor adminiftrators, fhall or will affign, or in any wife vacate the faid mortgage, or release the monies thereby fecured, until the faid E. F. fhall be fully paid and fatisfied the faid 300 dols. and intereft, and the faid G. H. fhall alfo be fully paid aud fatisfied his 200 dols. and intereft. In witness, &c.

THE

A Declaration of Trust by way of Affignment.

HIS indenture made
C. D. of

was all the

between A. B. of of the one part, and of the other part. Whereas by one indenture, &c. [Here recite the mortgage leafe as in the foregoing.] Now this indenture wit jeth, that the faid A. B. doth hereby acknowledge and declare, that the fum of in the faid in part recited indenture of mortgage mentioned, proper money of the faid C. D. and not any part thereof the money of the faid A. B. and that the name of him the faid A. B. was used therein, only in truft for the faid C. D. his executors, administrators and affigns: And therefore the faid A. B. in purfuance of the truft repofed in him, as aforefaid, by the faid C. D. and alfo for and in confideration of the fum of one dollar to him in hand paid by the faid C. D. on or before the fealing and delivery of thefe prefents, the receipt whereof is hereby acknowledged, hath granted, bargained, fold, affigned, transferred and fet over, and by thefe prefents doth grant, bargain, fell, affign, transfer and set over unto the faid C. D. his executors, adminiftrators and affigns,

all

all and fingular the faid meffuages, &c. and premifes before mentioned, in and by the faid in part recited indenture of mortgage granted, with their and every of their appurtenances; and also all the eftate, right, title, intereft, term of years, property, claim and demand whatfoever of him the faid A. B. of, in or to the faid premises, and every part and parcel thereof, together with the faid in part recited indenture of demife or mortgage: To have and to hold the faid meffuage, &c. hereby granted and affigned, or mentioned or intended fo to be, unto the faid C. D. his executors, adminiftrators and affigns, for and during all fuch term and eftate as he the faid A. B. hath or ought to have therein. And the said A. B. for himself, his heirs, executors and adminiftrators doth covenant and grant, to and with the faid C. D. his executors, administrators and affigns, that he the faid A. B. hath not made, committed, acted or done, or caufed or procured to be made, committed, afted or done, any act, matter or thing, whereby, or by reafon or means whereof the faid meffuages, &c. and premifes or any part thereof, are, may or can be charged or incumbered in title, charge, eftate, or otherwise how. foever.

In witness, &c.

WARRANTS OF ATTORNEY:

Warrant of Attorney from feveral creditors of a person deceased, to bring actions, &c. and an appointment of a Cashier for raising and paying money to defray the expences.

WHE

HEREAS A. B. late of, &c. deceased, died indebted to us whose names are here under subscribed and to feveral other perfons, by bond, bill, note or otherwise: KNOW ALL MEN by thefe prefents, that we the faid creditors do hereby authorise, order, appoint and impower I- T. of. &c. to be our attorney, agent and lawful folicitor, and for us, and in our names, and on our behalf, to exhibit or profecute one or more bills in the court of Chancery, against fuch perfon or perfons as he shall be advised, for an equitable discovery and account of the eftate and effects of the faid A. B. which is, or are, or fhall or may be liable to the payment of our faid debts; and alfo in our names and on our behalf to commence or profecute any action or actions, fuit or fuits, in law or equity, or otherwife, as he the faid I. T. fhall be advifed, against any per fon or perfons, whomfoever, who hath or have poffeffed, or thall poffefs himself or themselves of fuch eftate and effects of the faid A. B. in order to the recovery of the faid debts; for the doing of which this fhall be a fufficient warrant to the faid I. T. And in order for the carrying on, and effectually profecuting fuch fuit or fuits, action or actions, we the faid creditors do hereby nominate, conftitute and appoint W. W. of, &c. one of the laid creditors, Cafhier in that behalf, and do hereby alfo promife and agree to and with the faid W. W. that on his giving ten days notice, in writing to each of us, we will from time to time, advance, pay and contribute to the faid W. W. each of us in proportion to the amount of our refpective demands, fuch fum and fums of money, at fuch times and places as he fhall by fuch notice in writing appoint, as may be neceffary for defraying all lawful and reasonable cofts and charges of fuch fuit or fuits, action or actions, or which may arife by reafon of the premises.

In witness, &c.

Warrant

Warrant or Power of Attorney, to receive dividends an, or to transfer Pub

Lic Stock.

KNOW ALL MEN, &c. that I

of, &c. do hereby appoint

of, &c. my attorney, for me and in my name [if for intereft say] to receive the dividend or dividends, which are or fhall be payable according to Jaw on the day of, &c. on all [if to transfer fay] to transfer, affign, fell and fet over all or any part of [or if a part only, fay] to transfer, &c. dollars, part of] the ftock ftanding in my name in the books of the treafury of the United States [Or the Commiffioners of Loans in the State of New-York] with power allo, one or more perfons under him to fubftitute with like and to do all lawful acts requifite for effecting the premifes; hereby ratifying and confirming all that my faid attorney or fubftitute or fubftitutes fhall do therein by virtue hereof. In witnefs whereof I have hereunto fet my hand and feal the day of in the year

Sealed and delivered in prefence of

power;

Be it known, That on the day of one thoufand eight hundred before me, J. H. W. one of the public notaries for the ftate of New York, duly appointed and commiffioned, refiding in the third ward of the city of Al. bany, came A. B. within named, and acknowledged the above letter of attorney to be his act and deed. In teftimony whereof, I have hereunto fet my hand, and affixed my notarial seal, the day and year latt aforefaid.

Warrant to vote by Proxy.

"

1

KNOW all men, &c. that I A. B. of, &c. do hereby fubftitute and appoint
vote at any election of Directors [or Trustees, &c. as the proper file
may be] of
the, &c. [Defcribe the Bank, or Company, c. by its corporate name or title] and
on all other matters which, at any regular meeting of the flockholders [or as the
cafe may be may properly come before them.

In witnefs whereof I have hereunto fet my hand and feal, &c.
In prefence of

Military Invalids.

The following Directions to Invalid Penfioners were flued from the War Office,

in 1791.

PENSIONS payable every fix months by loan officers in the respective states. Firft payment to be 4th September, 1791. Every application to be ac

companied with the following voucher's :

1

1t. The certificate given by the ftate, fpecifying that the perfon poffeffing the fame is in fact an invalid, and afcertaining the fum to which as fuch he is annually entitled.

2d. An affidavit agreeable to the following form: A. B. came before me, one of the juftices of the county of in the fate of and made oath, that he is the fame A. B. to whom the original certificate, in his poffeffion, was given, of which the following is a copy [the certificate given by the state to be recited] that he ferved [regiment, eorps or veffel] at the time he was difabled, and county of and has refided there

and that he now refides in the for the latt

years, previous to which he refided in

In

In cafe the invalid fhould apply for payment by attorney, the faid attorney, befides the certificate and oath before recited, muft produce a special letter of attorney, agreeable to the following form: I A. B. of do hereby constitute and appoint C. D. of

itate of

county of and my lawful attor. ey, to receive in my behalf of my penfion for fix months, as an invalid penfioner of the United States, from the 4th day of March and ending the 4th day of September of the fame year.

Signed and fealed, in prefence of

Acknowledged before

Warrant of Attorney:

KNOW all men by these presents, That I A. B. of

day of..

in the county of

now

and ftate of an invalid pensioner of the United States of Amer. ica, for divers good caufes and confiderations me hereunto moving, have made, ordained, conftituted and appointed, and by these prefents, do make, ordain, conftiture and appoint C. D. of my true and lawful attorney, for me and in my name, to ask and receive from the fecretary at war, or fuch other officer as is appointed for that purpose, such fum or fums of money as is or are due and owing unto me, for my pension as a on the invalid penfion lift of the United States of America, from the to the day of laft paft, in virtue of the laws in fuch cafe made and provided [or if the invalid is fpecially named in any law, here infert the title of fuch law.]. With power allo one or more attornies under him to make and substitute, and to do all lawful acts requifite for effecting the premises; hereby ratifying and confirming all and whatsoever my faid attorney or fubftitute or substitutes, fhall do therein by vir tue hereof. In witness whereof, I have hereunto fet my hand and feal, the day of in the year of our Lord one thoufand Sealed, &c.

ff. Perfonally came before me, E. F. efquire, one of the juftices of the peace of the county of A. B. the invalid penfioner within named, and acknowledged the above letter of attorney to be his voluntary act and deed. In teftimony whereof, I have hereunto fet my hand, this. year of our Lord one thousand

day of

in the

Note: The periods at which half-yearly penfions become due, are the 5th March and 5th September. It is therefore proper to infert in the power, from the 5th March to the 4th September, or from the 5th September to the 4th March, as the cafe may be.

Sixth Section of an Act of Congress, "to provide for the Claims of Widows and Orphans, barred by the Limitations heretofore established, and to regulate

the Claims to Invalid Penfions," paffed 23d March, 1792.

Sec. 6. And be it further enacted, That from and after the paffing of this act, no fale, transfer or mortgage of the whole or any part of the penfion or arrear. ages of penfion, payable to any non-commiffioned officer, foldier or feaman, before the fame fall become due, fhall be valid. And every perfon, claiming fuch penfion, or arrears of penfion or any part thereof, under power of attorney or fubftitution, fhall, before the fame is paid, make oath or affirmation before

fume

fome juftice of the peace of the place where the fame is payable, that fuch power or fubftitution is not given by reason of any transfer of fuch penfion, or arrears of penfion, and any perfon, who fhall fwear or affirm falfely in the prem ifes, and be thereof convicted, fhall fuffer, as for wilful and corrupt perjury.”

OF WILLS AND TESTAMENTS.

A

WILL, according to its common acceptation, is the declaration of a perfon's mind or intent, in relation to what he would have done after his death. The common law calls that a will, whereby lands or tenements are devised; but when it concerns only chattels, viz. moveables or what is not inher. itable, it is called a teftament; where lands are given by will, it is termed a devife; and where goods and chattels, commonly termed a perfonal estate, are bequeathed, it is called a legacy. Godol. Orph. Leg. part 1. ch. 4.

Devifes of lands, &c. must be in writing, figned by the devifor or perfon giv. ing, generally called the teftator, or fome other perfon in his prefence, and by his express direction; and muft be attefted and fubfcribed in the prefence of fuch party by three or more credible witneffes. If a perfonal eftate of above. the value of feventy-five dollars be bequeathed by word of mouth, which the law calls a nuncupative will, it must likewise be done in the prefence of three witneffes. See laws of New-York, 24 feff, ch. 9.

The Form of a Will, with the Devife of a Real Estate, Leafehold, &c.

THE

HE Laft Will and Teftament of A. C, of, &c. I A. C. confidering the uncertainty of this mortal life, and being of found mind and memory, (bleffed be Almighty God for the fame) do make and publish this my last will and teftament, in manner and form following (that is to say,) First, I give and bequeath unto my beloved wife J. C. the fum of Item, I give and bequeath to my eldeft fon G. C. the fum of Item, I give and bequeath unto my two younger fons J. C. and F. C. the fum of each. Item, I give and bequeath to my daughter-in-law, S. H. fingle woman, the fum of which faid feveral legacies or fums of money I will and order to be paid to the faid refpective legatees within fix months after my decease. I further give and devife to my faid eldeft fon G. C. his heirs and affigns, all that my meffuage or tenement, fituated, lying and being in, &c. together with all my other freehold eftate whatfoever, to hold to him the faid G. C. his heirs and affigns for ever. And I hereby give and bequeath to my faid younger fons J. C. and F. C. all my leafehold eftate of and in all thofe meffuages or tenements, with the appurtenances, fituate, &c. equally to be divided between them. And lastly,

as to all the reft, refidue and remainder of my perfonal eftate, goods and chattels of what kind and nature foever, I give and bequeath the fame to my faid beloved wife J. C. whom I hereby appoint fole executrix of this my laft will and teftament; hereby revoking all former wills by me made. In witness whereof I have hereunto fet my hand and feal, the day of

of our Lord one thousand

in the year A. C. Signed,