wife should die or marry, during the single life and nonage of any of my said children, so being unmarried and under the age of one and-twenty years at the marriage or death of my wife, unto my said executor, E. E.

And my will is, and I do hereby expressly declare, that my said executor, his executor or executors, shall not be charged or charge. able with, or accountable for more of the aforesaid moneys or estates than he or they shall actually receive, or shall come to his or their respective hands by virtue of this my will, or with or for any loss which shall happen of the said moneys or estates, or of any part of my personal estate, so as such loss happen without his or their wilful default and neglect.

And also, that it shall and may be lawful for him, my said exec. utor, and his executor or executors, in the first place, out of the said premises respectively, and out of the residue of my personal estate, to deduct and reimburse him and themselves respectively, all such loss, costs, charges and expenses as he or they shall sustain, expend, or be put unto, for or by reason of the performance of this my will, or the management or execution thereof respectively, or any other thing in any wise relating thereto.

And finally, all the rest, residue, and remainder of all my estate and effects, real and personal, whatsoever and wheresoever, not herein before otherwise effectually disposed of, (after payment of my debts, legacies, and funeral expenses, and other charges and deductions as aforesaid,) I do give, devise, and bequeath unto my eldest son, A. B.

In witness, &c.

A. B.

This will must be attested in the same manner as in the prece ding forms.

THE following clauses may be inserted, if necessary, in either of the foregoing wills.

CLAUSE CONCERNING DISPUTES ABOUT ANY GIFT OR BEQUEST IN A WILL.

AND lastly, my express will and meaning is, and I do hereby or der and appoint, that if any difference, dispute, question, or contro versy shall be moved, arise, or happen, concerning any gift, be. quest, matter or thing in this my will given and bequeathed, expressed or contained, that then no suit or suits, in law or equity, or otherwise, shall be brought, commenced, or prosecuted for and concerning the same, but the same shall be referred wholly to the award, ordor, and determination of my friends F. H. and R. D, both of &c., and what they shall order, direct, cr determine therein shall be binding and conclusive to all and every person and persong therein concerned.

A. W.

PROVISO THAT SUMS ADVANCED BY TESTATOR IN HIS LIFETIME TO CHILDREN SHALL BE TAKEN AS PART OF PORTION.

PROVIDED always, and I do hereby declare, that in case I shall, in my lifetime, advance and pay to any of my children, either sons or daughters, any sum or sums of money, for his or their benefit or advancement in the world, or otherwise, and shall signify the same in writing under my hand, then if any such sum or sums shall be equal to the share or shares of such child or children respect ively, of and i the premises, &c., by me hereby devised or be queathed for their respective benefits, such sum or sums, so paid or advanced, shall in that case be accounted in full satisfaction of the share or shares of such child or children respectively, in the said estate and premises; but if such advanced sum or sums shall bo less than the share or shares of such child or children respectively, of and in the said premises, &c, then such advanced sum or sums shall be accounted as part only of the share or shares of such child or children therein, and in that case such child or children shall not receive or be entitled to any share or interest of, or in such parts of the said premises, &c., which shall have been paid or advanced to him, her, or them, for the purposes aforesaid, until the other or others of such child or children shall have received as much of the said premises, &c., as shall make his, her, or their share or shares thereof equal to what shall have been so paid or advanced to or for the benefit, advantage, or preferment of such child or children respectively; to the end and intent that the said premises may be equally divided among all such children, share and share alike.

APPOINTMENT OF GUARDIANSHIP.

AND I hereby commit the guardianship of all my children, until they shall respectively attain the age of twenty-one years, unto my said wife, during her life, if she shall so long continue my widow; and from and after her decease, or second marriage, unto my trusty and much-esteemed friend A. B., his executors and assigns and do hereby declare that the expenses of the maintenance and education of my said children, until they shall attain the age aforesaid, or become entitled to the sum or sums of money hereby provided for their benefits respectively, shall be paid and borne by my said wife, by and out of the moneys and estate given and bequeathed to her in and by this my will.

Devise from a Husband to his Wife of an Estate for Life, in Lieu of Dower, Remainder to his Children as

Tenants in Common.

ITEM. I give and devise unto my said wife, all that my said messuage, or tenement, with the appurtenances, situate, &c., with

the lands and hereditaments thereunto belonging, and the renta issues, and profits thereof, for and during the term of her natural life; and from and after the decease of my said wife, I give and bequeath the said messuage or tenement, lands, and hereditaments, unto such child or children, as I shall leave or have living at the time of my decease, and to their heirs and assigns forever, as tenants in common and if I shall have no such child or children, &c., then I give and devise, &c., which said legacy given to my said wife as aforesaid, I hereby declare is intended to be, and is so given to her, in full satisfaction and recompense of, and for her dower and thirds, which she may, or can in any wise claim or demand out of my estate.

Item. I give and devise all the rest and residue of my estate, both real and personal, (not hereinbefore by me given and be queathed,) unto, &c.

MORTGAGES.

A MORTGAGER is one who makes a mortgage; a MORTGAGEE is one to whom a mortgage is made.

A mortgage is the pledging of an estate for the security of a debt, and becomes void when the debt is paid. Any person own ing an interest in, or the whole of an estate, is at liberty to mortgage his or her claim upon or interest in it, provided he or she is not under age. A married woman cannot make a mortgage without the consent of her husband. It frequently happens that embarrassed persons give as many as five mortgages, to as many different persons, on their estates. A first mortgage, however, takes precedence of all subsequent mortgages or conveyances, provided it is recorded. All mortgages must be recorded in the clerk's office of the county in which the property lies.

All mortgages on personal property, to be valid, must be ro corded in the town clerk's office in which the property lies at the time of the execution of the instrument; they must also be recorded in the town clerk's office of every town to which the property may be removed. When the property is in a city where the county clerk's office is kept, then the mortgage must be recorded in that office. Such mortgages will cease to be valid after the expiration of one year from the recording thereof, unless a truc copy of such mortgago, together with a statement of the real inter ost of the mortgagee in the property, shall, within thirty days of

the expiration of the year, be again filed in the office of the town or county clerk in which the mortgager shall then reside.

When the mortgage is paid, a certificate to that effect from the mortgagee or his legal representatives, duly acknowledged by a commissioner of deeds, must be presented to the clerk of the town or county office in which the mortgage is recorded, who will file it, and the mortgage is at an end.

A mortgage, to secure the purchase-money, made at the time of the purchase, takes precedence of any previous judgment against the mortgager.

A mortgage sometimes conveys to the mortgagee the power to sell, in such cases, the mortgagee may sell the property without the aid of any court. Such sale, however, will not do away with a judgment or mortgage obtained prior to the sale. All such sales must be made at public auction.

sum of

Mortgage of Lands by Husband and Wife. THIS Indenture, made the day of in the year of oar Lord one thousand eight hundred and between J. J., of the city of New-York, merchant, und A. his wife, of the first part, and C. K., of said city, merchant, of the second part, witnesseth: That the said parties of the first part, for and in consideration of the lawful money of the United States, to them in hand paid, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, released, conveyed, and confirmed, and by these presents do grant, bargain, sell, alien, release, convey and confirm, unto the said party of the second part, and to his assigns forever, all that certain lot, &c.; together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, dower, possession, claim, and demand whatsoever, of the said parties of the first part, of, in, and to the same, and every part thereof, with the appurtenances, To have and to hold the said hereby granted premises, with tho appurtenances, unto the said party of the second part, his heirs, and assigns, to his and their only proper use, benefit and behoof forever. Provided always, and these presents are upon this condition, that if the said parties of the first part, their heirs, executors, administrators, or assigns, shall pay unto the said party of the second part, his executors, administrators, or assigns, the sum of

on or before the day of, which will be in the year with interest, according to the condition of a bond of the

said J J., to the said C. K., bearing even date herewith; then these presents shall become void, and the estate hereby granted shall cease and utterly determine. But if default shall be made in the payment of the said sum of money, or the interest, or of any part thereof, at the time hereinbefore specified for the payment thereof, the said parties of the first part, in such case, do hereby authorize and fully empower the said party of the second part, his executors, administrators, and assigns, to sell the said hereby granted premises, at public auction, and convey the same to the purchaser, in fee simple, agreeably to the act in such case made and provided, and out of the moneys arising from such sale, to retain the principle and interest which shall then be due on the said bond, together with all costs and charges, and pay the over plus (if any) to the said J. J.,.party of the first part, his heirs, executors, administrators, or assigns.

In witness whereof, the parties to these presents have hereunto set their hands and seals, the day and year first above written. Sealed and delivered in JOIN JAY, [L. S. AMELIA JAY, [L. 8.

the presence of

JOHN SMITH.

A Mortgage given for part of the Purchase-Money of Land THIS Indenture, made the day of in the year of our Lord, between A. B., of the city of New-York, merchant, of the first part, and S. B., of the said city, esquire, of the second part, witnesseth: That the said party of the first part, for and in consideration of the sum of three thousand dollars, lawful money of the United States, to him in hand paid, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, aliened, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, release, convey and confirm, unto the said party of the second part, and to his heirs and assigns forever, all those three certain lots, pieces and parcels of land, situate, lying, and being, &c.; the said three lots of land being part of the premises this day conveyed to the said A. B. by the said S. B. and his wife, and these presents are given to secure the payment of part of the consideration-money of the said premises; together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and also, all the estate, right, title, interest, dower, possession, claim, and demand whatsoever, of the said party of the first part, of, in, and to the same, and every part thereof, with the appurtenances. To have and to hold the said hereby granted premises, with the appurtenances, unto the said party of the Becond part, his heirs and assigns, to his and their only proper uso, benefit, and behoof forever. Provided always, and these pre