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Signed, fealed, published and declared by the above named A. C.. to be his laft will and teftament, in the prefence of us who have hereunto fubfcribed our names as witneffes, in the prefence of the teftator.

R. S.

W. T.

T, W.

A Codicil to a Will, that is to fay, a Supplement or Addition to it.

W

HEREAS I A. C. of, &c. have made my laft will and teftament in writing bearing date, &c. [and have thereby, &c. &c.] NOW I DO by this my writing, which I hereby declare to be a codicil to my faid will, to be taken as a part thereof, [WILL AND DIRECT, &c. &c.] GIVE AND BEQUEATH to my niece M. S. one gold watch, one large diamond ring, and one filver coffee-pet. And whereas in and by my laft will and teftament, I have given and bequeathed to my daughter-in-law G. H. the fum of 'I do hereby order and declare, that my will is that only the fum of be paid unto her in full of the faid legacy I have as aforefaid given and bequeathed unte her; and that the remaining part of the faid legacy be given and paid to my nephew E. G. And laftly, it is my defire, that this my prefent codicil be annexed to and made a part of my laft will and teftament, to all intents and purposes. In witness whereof I have hereunto set my hand and seal this

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Signed, fealed, published and declared by the above named A. C. as a codicil to be annexed to his faid last will and teftament, in the presence of

A. C.

day

R. S.

W. T.

T. W.

Claufe concerning Difputes about any Gift or Bequeft in a Will.

AND LASTLY, my express will and meaning is, and I do hereby order

and appoint, that if any difference, difpute, queftion or controversy shall be moved, arife, or happen concerning any gift, bequeft, matter, or thing in this my will given and bequeathed, expreft or contained, that then no fuit or fuits in law or equity or otherwife, fhall be brought, commenced or profecuted, for and concerning the fame, but the fame fhall 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 or determine therein, shall be binding and conclufive to all and every person and perfons therein concerned.

Provifo that Sums advanced by Teftator in his life time to children, shall be taken as part of Portion.

PROV

any

ROVIDED ALWAYS, and I do hereby declare, that in cafe I fhall, in my life time, advance and pay to any of my children, either fons or daughters, fum or fums of money for his or their benefit or advancement in the world, or otherwise, and fhall fignify the fame in writing under my hand, THEN if any fuch fum or fums fhall be equal to the fhare or fhares of fuch child or children. respectively, of and in the premises, &c. by me hereby devifed or bequeathed for

their

their refpective benefits, fuch fun, or fums fo paid or advanced, fhall in that cafe be accounted in full fatisfaction of the share or shares of fuch child or children refpectively, in the faid eftate and premises; but if fuch advanced fum or fums fhall be less than the fhare or fhares of fuch child or children, refpectively, of and in the faid premifes, &c. THEN fuch advanced fum or fums fhall be accounted as part only, of the share or shares of fuch child or children therein, and in that case such child or children shall not receive or be enti. tled to any fhare or intereft, of, or in fuch parts of the said premises, &c. which fhall have been paid or advanced to him, her, or them, for the purposes aforefaid, until the other or others of fuch child or children fhall have received as much of the faid premises, &c. as fhall make his, her, or their share or shares thereof equal to what thall have been fo paid or advanced to or for the benefit, advantage and preferment of fuch child or children refpectively; TO THE END and intent that the faid premises may be equally divided among all fuch children, share and share

alike.

Appointment of Guardianship.

AND I hereby commit the guardianship of all my children, until they hall refpectively attain the age of twenty-one years, unto my faid wife, during her life, if the fhall fo long continue my widow; and from and after her decease or fecond marriage, unto my trusty and much esteemed friend A. B. his executors and affigns And do hereby declare that the expences of the maintenance and education of my faid children, until they shall attain the age aforefaid, or be come entitled to the fum or fums of money hereby provided for their benefits refpectively, shall be paid and borne by my faid wife, by and out of the monies and eftate, given and bequeathed to her, in and by this my will.

Devife from a Husband to his Wife of an eftate for life, in lieu of dower, Remainder to his children as tenants in common.

my

ITEM. I give and devife unto my faid wife ALL that, my faid meffuage of ments thereunto belonging, and the rents, iffues, and profits thereof, for and dur ing the term of her natural life; and from and after the decease of my faid wife I give and bequeath the faid meffuage or tenement, lands and hereditaments, un to fuch child or children, as I fhall leave or have living at the time of deceafe, and to their heirs and affigns for ever, as tenants in common, and if I fhall have no fuch child, or children, &c. THEN I give and devife, &c. which faid legacy given to my faid wife as aforefaid, I hereby declare is intended to be, and is fo given to her in full fatisfaction and recompence of, and for her dower and thirds which the may, or can in any wife claim or demand out of my eftate, ITEM. I give and devife all the reft and refidue of my eftate, both real and per fonal (not herein before by me given and bequeathed) unto, &c.

THE

Elerk's Assistant,

PART II.

CONTAINING

SELECTIONS OF VARIOUS USEFUL PRACTICAL FORMS, &c.

PLEAS

PRACTICAL FORMS, &c.

Stile of the Supreme Court of the State of New York.

LEAS before the Juftices of the people of the ftate of New-York of the Supreme Court of Judicature of the fame people at the City Hall of the City of New-York of November term in the year one thousand eight hundred & three. -Of the Courts of Common Pleas

PLEAS, in the Court of Common Pleas held at Poughkeepfie in and for the

County of Dutchefs before the Judges and affiftant Juftices of the fame Court on the fecond Tuesday in October in the year one thoufand eight hundred & three; -Of Mayors Courts.

PLEAS, in the Court of Common Pleas, called the Mayor's Court, held at the City Hall of the City of New-York, in and for the faid City, before the Judges of the fame Court, on &c.

0000800000

Petition by an Infant to be admitted to fue by Prochein ami.

Supreme Court,

A. B.

vs.

G. H.

TO the Honourable Morgan Lewis, Efg. Chief Juftice of the Supreme Court of Judicature of the people of the ftate of New-York.

The petition of A. B. plaintiff in this cause, respectfully

SHEWETH,

THAT your petitioner has, as he is advised, good caufe of action against the above named G. H. for a breach of covenant, and that your petitioner has lately commenced an action in this court against the said G. H. for the fame, but in regard that your petitioner is an infant under the age of twenty-one years, to wit, of the age of your petitioner, therefore, prays your Honor to admit him to profecute the faid action by E. F. of &c. your petitioner's next A. B.

friend.

Confent of Prochein ami.

I po hereby confent and agree, that the above named A. B. fhall be at liberty to profecute this action, by me as his next friend, according to the prayer of the above petition. Witnefs my hand, &c.

Witness. C. De

E. F.

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Supreme Court,

VS.

day of

G. H.

C. D. of, &c. maketh oath and faith, that A. B. the above named plaintiff, did on the duly fign the petition hereto annexed in the prefence of this deponent: and this deponent further faith, that at the fame time he was prefent, and did fee E. F. the perfon mentioned in the prayer of the faid petition, duly fign the confent or agreement thereunder written, as the next friend of the faid A. B.

Sworn, &c.

C. Da

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