the faid Thomas Smith as aforefaid, and thereof, and of and from every part thereof, do fully, clearly, and abfolutely acquit, release, and for ever discharge, the faid William Mun and James Dun, their heirs, executors, adminiftrators, and affigns, and also the estate and effects of the faid teftator, and every part thereof; AND in confideration thereof, I the faid John Franks do, for myfelf, my executors, administrators, and affigns, remife and releafe unto the faid William Mun and James Dun, their heirs, executors, and adminiftrators, all and all manner of action and actions, caufe and caufes of action, fuits, legacies, fum and fums of money, judgments, executions, claims and demands whatsoever, both at law and in equity, which against the faid William Mun and James Dun, their heirs, executors, or adminiftrators, or the estate or effects of the faid teftator, I the faid John Franks ever had, or which I, my executors, administrators, or affigns, can or may have, claim, challenge, or demand, for or by reafon or means, or on account of the faid fum of 6ol, fo given and bequeathed to me in and by the faid laft will and teftament of the faid Thomas Smith as aforefaid. IN WITNESS whereof I the faid John Franks have hereunto fet my hand and feal the day of in the year of our Lord

17

• Figures are put here for the fake of brevity, but deeds as well as wills fhould be written in words at full length; and as this and the other forms hereafter laid down are precedents for deeds, we shall make a few brief obferva tions concerning fealing, figning, and delivering, or what is termed, executing and witneffing the fame, after being written on paper or parchment legally ftamped; in order that thereby the whole proceeding may be made valid in law. And preparatory hereto we may firft take notice of what has been mentioned, p. 141, 142. concerning reading a will, which is also applicable to a deed; as for making a good deed, it is requifite that it be read wherever any of the parties defire it; and if it be not done on his requeft the deed is void as to him. If he can he fhould read it himself: if he be blind or illiterate another must read it to him. If it be read falfely, it will be void; at leaft for fo much as is mifrecited, unless it be agreed by collufion that the deed fhall be read falfe on purpose to make it void; for in fuch cafe it fhall bind the fraudulent party. Black. Com. 2. V. 3 .304. The deed being thus perfectly read, it is requifite that the party feal it, which is ufually done by his putting any ieal upon the wax and impreffion made thereon by the perfon who prepared the deed; and likewife he should fign it, by writing his name as in the above form; but if he cannot write his name he may, as is afual, make a mark with his pen oppofite the feal, which is most commonly made in this form X. The party having now fealed and figned, the next requifite to perfecting the deed is, that he reliver it abfolutely; the ufual method whereof is, for him to take the fame up in his hand and fay "I deliver this as my act and deed," and thereupon deliver it down on the table or place from whence he took it up, or to the party to whom it is made. From this tradition or delivery the deed only takes effect; for if the date be falfe or impoffible the delivery afcertains the time of it; aud hereby the party delivering adopts the fealing if another perfon and not himself fhould have fealed it, and by a parity of reason, the figning alfo, and makes them both his own. Black. Com. 2 V. 306. The deed being thus executed in the prefence of witneffes (who fhould be perfons difinterefled), thofe fubfcribe their names as in the above form.

R 4

NUMBER XII.

DISCHARGE to Executors where the Teftator bequeathed the Refidue of his Eftate and Effects to them, upon truft for his Children, with a benefit to the Survivors if either fhould die under age. Stamp referred to in No. XI.

1. Recites the Will and Bequest to the Trustees, with the various Trufts.

2. The Trustees' power of applying the Children's Share for putting them to Business, &c.

3. That Teftator left 3 Children, all of whom are living, and that the Trustees proved his Will, &c.

4. That one Child hath attained 21 Years of Age; and by the Trustees' Account the 3 Children have been advanced different Sums; and that 1000l of Teftator's Eftate is undifpofed of.

5. That for making an equal Divifion, the feveral Sums advanced for each Child are added to the 1000l; and the whole divided into 3 equal Shares, and out of each feparate Share deducted the feparate Sums advanced.

6. Child of Age releafes Teftator's Eftate, and the Trustees, of all future Claim, except what may accrue to him by either of the younger Children dying under Age.

TO ALL TO WHOм thefe prefents fhall come, Amos Beal of the parish of St. Martin in the Fields, in the county of Middlesex, ironmonger, fends greeting. WHEREAS Charles Beal, late of the faid parish of St. Martin in the Fields, linen-draper, deceased, in and by his last will and testament in writing, bearing date on or about the 8th day of June 1785, after having thereby bequeathed divers legacies, did give and bequeath all the reft, refidue and remainder of his plate, china, household goods, and furniture, and all other his goods, chattels, stock in trade, estate and effects, of what nature or kind foever, to David Evans and Francis Gifford, To HOLD unto them, their executors, administrators, and affigns, upon this fpecial truft and confidence, that they the faid trustees, or the furvivor of them, or the executors, or adminiftrators, of fuch furvivor, should, as foon as convenient after his death, fell and difpofe thereof, and call in and receive all fuch debts, fum or fums of money,

as

2.

as fhould be due or owing to him at the time of his death, and place the moneys arifing by fuch fale or difpofal, and the moneys so to be called in and received, upon government or other good and fufficient fecurity, in their own names, and in fuch manner as they should think proper: AND ALSO in trust, that they fhould receive the intereft and dividends thereof from time to time as the fame fhould become payable, and pay, apply, and dispose of the fame, or a fufficient part thereof, for and towards the maintenance, education, fupport, and bringing up, of his fon the faid Amos, and his daughters Hannah and Jane Beal, and fuch other child or children as he should have living, or that his wife might be enfient with at the time of his death, until his faid children should severally and refpectively attain their feveral and respective ages of 21 years; and when and as his faid children should severally and refpectively attain their faid ages of 21 years; in trust to pay, affign, transfer, and convey all the faid refidue of his estate and effects, with the intereft, dividends, and produce thereof, as should not have been applied for and towards the maintenance and education of his faid children as aforefaid, or for putting any or either of them to business, or otherwise advancing any or either of them in life, pursuant to the power in his said will for that purpose afterwards contained, equally unto and amongst all his faid children, when and as they should feverally and respectively attain their faid ages of 21 years; and in cafe any or either of his faid children should happen to die before having attained 21 years of age, without leaving iffue of his or her body lawfully begotten; then in trust to pay, affign, transfer and convey, all the faid refidue of his eftate and effects, and the intereft, dividends, and produce thereof, or such part thereof as fhould remain unapplied as aforefaid, unto fuch of his faid children as fhould live to attain his, her, or their, refpective age or ages of 21 years, fhare and share alike if more than one: AND WHEREAS the faid Charles Beal in and by his faid will, did authorize and empower his faid trustees to apply the respective part or fhare of any or either of his aforefaid children, of and in the faid refidue of his eftate and effects, for putting any or either of them, his, her, or their, lawful iffue, out to bufinefs, or any fuitable employ, or for fetting him, her, or them, up in business, or advancing him, her, or them, respectively in any employ or otherwise, for his, her, or their, respective advancement in the world, by marrying

or

4.

or otherwise howfoever; and the said teftator nominated, conftituted, and appointed the said trustees, the faid David Evans and Francis Gifford, executors of his faid laft will and teftament, as in and by the fame, relation being thereunto had, what is herein before in part recited will more fully and at 3. large appear: AND WHEREAS the faid teftator died without altering or revoking his faid will, leaving his aforefaid 3 children, his only iffue him furviving (all of whom are now living); and fhortly after his death the faid David Evans and Francis Gifford, proved his faid will in the prerogative court of Canterbury, and took upon them the faid executorship and truft: AND WHEREAS the faid Amos Beal hath attained his faid age of 21 years, and the faid trustees have made up an account of and concerning the faid refiduary eftate and effects, and all moneys received and paid by them, in pursuance of the faid truft and executorship, whereby it appears they have advanced, paid, laid out, and expended, to, for, and on account of, the faid Amos Beal, the fum of 400l, to, for, and on account of, the said Hannah Beal, the fum of 300l, and to, for, and on account of, the said Jane Beal, the fum of 250l, and that there is now remaining in their hands, and on good fecurity, as placed out by them, the fum of 1000l of and belonging to the faid refiduary estate and effects of the said Charles Beal: AND WHEREAS for making a just and equal divifion of the faid fum of 1000l among the aforefaid 3 children, purfuant to the faid laft will and teftament of the faid Charles Beal, it is agreed to add the aforefaid three several fums of 4001, 300l, and 250l, to the said sum of 1000l, which makes the fame 1950l, and then to divide the whole into three equal fhares, and deduct out of each third part what has refpectively been advanced, paid, laid out, and expended, to, for, and on account of each child, whereby the fhare of the said Amos Beal therein appears to be the fum of 250l. Now THESE PRESENTS WITNESS, that as well for and in confideration of the faid fum of 400l, heretofore advanced, paid, laid out, and expended, to, for, and on account of the faid Amos Beal as aforefaid, and of the faid fum of 250l, to him in hand paid by the faid David Evans and Francis Gifford, at or before the execution of these prefents, the receipt whereof is hereby acknowledged, he the faid Amos Beal HATH, remifed, released, and for ever difcharged, and by these prefents DOTH, remife, release, and for ever discharge the said David Evans and Francis Gifford, their executors, adminiftrators, and affigns, of and from

5.

6.

all

all the eftate, right, title, intereft, property, claim, and demand whatsoever, both at law and in equity, of him the faid Amos Beal, of, in, and to, the faid residue of the estate and effects of the faid Charles Beal deceased, by virtue of his faid will or otherwise howfoever; AND ALSO of and from all and all manner of action and actions, fuits, bills, bonds, writings, obligations, debts, dues, duties, reckonings, accounts, fum and fums of money, judgments, executions, extents, quarrels, controverfies, trefpaffes, damages and demands whatsoever, both at law and in equity, or otherwise howsoever, which against the faid David Evans and Francis Gifford, or either of them, in their or either of their own right, or as trustees, or executors, conftituted and appointed in and by the said last will and teftament of the faid Charles Beal deceased, or otherwise, he the faid Amos Beal now hath, or ever had, or which he, his executors, administrators, or affigns, shall or may hereafter have, claim, challenge, or demand, for or by reason, or means, or on account thereof, or for or by reason, or means, or on account of the said refiduary eftate and effects of the said Charles Beal, or for or by reason, or means, of any act, matter, or thing, incident or relative thereto, from the beginning of the world to the day of the date hereof, (SAVE and except all fuch eftate, right, title, and interest, as may accrue to him the faid Amos Beal, or which he may at any time hereafter have, claim, challenge or demand, of, in, or unto the faid refiduary eftate and effects of the faid Charles Beal deceased, or any part or parcel thereof, from, by, or on account of the death of both or either of the aforefaid Hannah and Jane Beal, which is not intended by these presents to be released): IN WITNESS whereof the faid Amos Beal hath hereunto fet his hand and feal, &c. [as in No. XI.]

DISCHARGE for Legacies by Husband and Wife P Stamp referred to in N°. XI.

TO ALL TO WHом these presents fhall come, Andrew Baker, of Milk-street, Cheapfide, in the city of London, cordwainer,

p Where any legacy is given to a woman who marries before the fame is paid or delivered to her, the husband fhould join in the difcharge. So likewife if a legacy be given to a woman during her marriage; unless in either of those cafes it fhould appear clear by the will that the hufband can in no wife have any claim thereto, or interference therewith.-Concerning this, fee p. 129. 157, 158.

2

and