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SIGNED, fealed, declared, and published, by the abovenamed John Stiles, as and

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for his laft will and teftament, in the JOHN STILES. prefence of us, who, at his request, and

in his prefence, have fubfcribed our

names as witnefes thereto.

THOMAS JONES".

RALPH HICKS.

NUMBER II.

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AN UNMARRIED WOMAN, or SPINSTER, poffeffed of Money, Household goods, and other Perfonal eftate.

1. Wills to be decently buried in her Parish church.

2. Gives 500l to one Brother, 6ool to another, and 300l to a Nephew, to be paid when he attains 21 Years of Age; the Interest whereof, in the mean time, to be applied towards his Maintenance and Education.

3. Refidue to a Brother whom she appoints Executor.

1.

2.

IN THE NAME OF GOD, AMEN. I Sarah Matthews, of German-ftreet, in the parish of Saint James, in the liberty of Westminster, and county of Middlefex, fpinfter, being in health of body and of found mind, memory, and understanding, praised be God for the fame, do make this my laft will and teftament in manner and form following: FIRST, I will and defire that I may be decently buried in the parish church of Saint James aforefaid; AND I give and bequeath unto my brother John Matthews the fum of 500l; ALSO, I give and bequeath unto my brother William Matthews, the fum of 60old: Also, I give and be queath to my nephew William Matthews, fon of my brother

2 Figures are put here for the fake of brevity, and fo in the other forms hereafter laid down; yet it is proper to write the whole of the will in words, and that without any contractions.

b If the teftator makes two parts of his will, as has been mentioned to be fometimes done, p. 126, fay, next after the word " thereto," as we bave likewife done to a duplicate thereof.

c Witneffes fhould be difinterefted perfons, as fhewn p. 153.

When there is no time limited for paying a legacy, the executor has one year after the teftator's death for paying it, as fhewn p. 205.

Thomas

3.

Thomas Matthews, deceased, the fum of 300l; to be paid to
my faid nephew, when he attains twenty-one years of age;
and the interest thereof in the mean time to be paid and ap-
plied towards his maintenance and education, in fuch manner
as my executor hereinafter named, fhall in his difcretion
think fit. ALL the reft and refidue of my money, goods,
chattels, eftate, and effects, of what nature or kind foever, I
give and bequeath unto my brother James Matthews: AND
I do nominate, conftitute and appoint, my said brother James,
fole executor of this my last will and teftament; hereby re-
voking and making void all and every other will and wills at
any time heretofore by me made, and do declare this to be
my laft will and teftament. IN WITNESS whereof I have
hereunto set my hand and seal, this day of
year of our Lord 17

SIGNED, fealed, &c.
Las in No. I.]

}

SARAH MATTHEWS.

in the

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Lthe Seal.J

NUMBER III.

A WIDOW, poffeffed of Goods, and Houfes held by Leafes for Terms of Years.

1. Gives an House and fome Household goods to a Son. 2. Another House to a Daughter.

3. Refidue to another Son, and appoints him Executor.

I.

IN THE NAME OF GOD, AMEN. I Mary Kemp, of the borough of Honiton, in the county of Devon, widow, being fick and weak in body, but of found mind and memory, praised be God for the fame, do make and declare this my laft will and teftament, in manner and form following: I give, devife, and bequeath unto my fon John Kemp, his executors, adminiftrators, and affigns; all that my leasehold dwelling-houfe, meffuage, or tenement, fituate and being in the borough of Honiton aforefaid, now in the tenure or occu pation of Francis Holland, cabinet maker: AND ALSO, My bureau and book-cafe with glass doors, my filver quart two

M.

handled cup, marked I. K. my large mahogany square 2. table, and mahogany pillar and claw table. ALSO, I give, devife, and bequeath unto my daughter Elizabeth Kemp, her executors, administrators, and affigns, all that my lease

hold

3.

hold dwelling-house, meffuage, or tenement, fituate and be-
ing in the parish of Coombrawley, in the faid county of De-
von, and now in the tenure or occupation of Thomas Jones,
butcher. ALL the reft, refidue and remainder of my eftate
and effects, of what nature or kind foever, I give, devise, and
bequeath unto my fon Thomas Kemp; and I do hereby no-
minate, conftitute, and appoint my faid fon Thomas fole ex-
ecutor of this my laft will and teftament: IN WITNESS
whereof I have hereunto fet my hand and feal, this day
in the year of our Lord 17

of

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NUMBER IV.

A MARRIED WOMAN by virtue of a Settlement made previous to her Marriage, difposes of Perfonal estate.

1. Mentions her Marriage Settlement.

2. Gives 2001 to her Husband; 100l to her Brother; and 100l to a Coufin.

e The eftates being bequeathed in the form they are by this will; if either of the legatees die in the lifetime of the teftatrix, the legacy of fuch will lapfe, and if it be either of the legacies given to the first mentioned fon or daughter, the fame will become the property of the refiduary legatee, as fhewn in page 206. but if he die during the life of the teftatrix, and the other two furvive her, the refidue may accrue to them as her nearest relatives, yet not by virtue of the will. Now this the teftatrix might have prevented by bequeathing to the fame persons in various other forms; as by limitations treated on p. 135, 136. or by fuch conditions as the might have thought fit to infert; as for example, fuppofe juft before the words, "In witness" fhe had added, "Provided always and my will is, that in cafe my faid fon John die before me; then Igive, devife, and bequeath, what I have herein before bequeathed to him, unto my faid daughter Elizabeth; but in cafe the die before me, and my faid fon John furvive me; then I give, &c. what I have herein before bequeathed to her, unto my faid fon John; and if my faid fon Thomas die before me, and my faid fon John and daughter Elizabeth furvive me; then I give, &c. what I have herein before bequeathed to my faid fon Thomas, unto my faid fon John and daughter Elizabeth, equally to be divided between them, and do appoint them joint executors of this my will. And if all my faid children die before me; then I give, &c. all that is hereinbefore bequeathed to my faid children, unto all and every legitimate child or children as fhall be begotten and born of their feveral and respective bodies at the time of my death, equally to be divided, and their feveral and respective shares paid, affigned, and delivered to them, as they fhall feverally and respectively attain the age of twenty-one years; and for the purpofe of thus providing for my faid children's children in case all my faid children shall die before me, do appoint my coufins James and William Thompfon, joint executors of this my will:” “In witness," &, [as in the will].

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3. Refidue

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3. Refidue to be equally divided between a Nephew and Niece, if living at Teftatrix's Death; if either be dead, deceased's Share to go to the Survivor.

4. Appoints her Brother fole Executor.

I.

2.

3.

4.

IN THE NAME OF GOD, AMEN. I Elizabeth Mills, now wife of John Mills, of the parish of Saint Margaret, Weftminfter, in the county of Middlefex, Efquire, late Elizabeth Field, fpinfter, being fick and weak in body, but of found and difpofing mind, memory, and understanding, praised be God for the fame, do hereby, in pursuance and exercife of the power and authority given and reserved to me, in and by the fettlement made previous to my marriage with the faid John Mills, and by force and virtue of all and every the power and powers, authority and authorities in me being, or enabling me thereto, make my laft will and testament in manner following, that is to fay, I give and bequeath unto my beloved hufband the fum of 2001. ALSO, I give and bequeath unto my brother William Field the fum of 100l. ALSO, I give and bequeath unto my coufin Ann Soam widow, the fum of 100l. ALL the reft, refidue, and remainder of my eftate and effects, of what kind or nature foever which I have or fhall have right to difpofe of, I give and bequeath unto my nephew and niece, James and Mary Field, equally to be divided between them, in cafe they are both living at the time of my death; but if either of them fhall happen to die before me, then I give and bequeath the fhare of him or her fo dying to the furvivor of them. AND I do hereby nominate, conftitute, and appoint my brother, William Field aforefaid, fole executor of this my laft will and teftament. IN WITNESS whereof I have hereunto fet my hand and feal the day of year of our Lord 17

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ELIZABETH MILLS.

in the

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f It is usual at the beginning of a married woman's will to mention, or as it is properly termed, to recite the fubftance of the deed of fettlement, or bond, if The derives her power of bequeathing from a bond; as the date thereof, the parties thereto, the eftate or effects fettled or mentioned therein, and the power the wife has thereby for difpofing; which is commonly done in the fame or like words as are contained in the fettlement or bond: yet as it often happens, when a married woman has a defire to make her will, that the canno immediately have recourse to her deed of fettlement or bond (the fame being ufually lodged in a trustee's hands), I have here laid down this concife method, whereby a married woman may effe ally difpofe of eftate or effects, provided he has fufficient power by virtue of any fettlement made previous to her marriage for fo doing, fee pages 142, 143, 144.

1

NUMBER V.

A MAN having Money, Goods, and Effects, but no Real estate.

1. Gives to his Son 4001. To a Daughter, 300l.

2. To twq Daughters, 300l each, to be paid when they attain their feveral Ages of 21 Years, or be married: The Intereft, in the mean time, to be applied for their Maintenance. 3. Provifo, if the Daughters marry under Age, and without their Mother's Confent, their Legacies to go to first mentioned Son and Daughter.

4. Gives to Wife the use of Household goods during her Life, and the whole thereof to his Son after her Death. 5. Refidue to Wife, who is made Executrix.

I.

2.

3.

IN THE NAME OF GOD, AMEN. I John Tomkin, of the parish of Saint Martin in the Fields, in the county of Middlesex, Baker, being in health of body, and of found mind, memory, and understanding, praised be God for the fame, do make this my laft will and teftament in manner following: I give and bequeath to my fon Thomas Tomkin, the fum of 400l, and to my daughter Mary Tomkin, the fsum of 300l. ALSO, I give and bequeath unto my daughters Jane' and Frances Tomkin, the fum of 300l each; to be paid when and as they attain their feveral and refpective ages of 21 years, or on the day or days of their respective marriage, which fhall firft happen, provided they marry with confent as hereafter mentioned; and until my faid daughters Jane and Frances shall so attain their ages of 21 years, or be married, my will is that the intereft and produce of their feveral legacies fhall be paid and applied towards their maintenance and education, in fuch manner as my executrix herein after named, fhall according to her difcretion think fit: PROVIDED always, nevertheless, and my will and mind is, that in cafe one or both of my faid daughters Jane and Frances shall marry before having attained 21 years of age, and without having firft obtained confent in writing under the hand of my faid executrix, then from and immediately after fuch one or both of them as may be fo married, I do hereby give and bequeath the legacy or faid fum of 300l of fuch of my faid two daughters as fhall be married, without Q4

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