of life, and in failing health, but of sound mind and memory,
do make and declare this to be my last will and testament, in
manner following, to wit :
First. I give, devise and bequeath unto my oldest son, Lucius
Denne Holden, the sum of One Thousand dollars, of bank
stock, now in the First National Bank of Troy, New York, and
the farm owned by myself in the town of Arlington, consisting
of one hundred and forty acres, with all the houses, tenements,
and improvements thereunto belonging ; to have and to hold
unto my said son, his heirs and assigns, forever.
Second. I give, devise and bequeath to each of my daughters,
Fanny Almira Holden and Hannah Oriana Holden, each One
Thousand dollars in bank stock, in the First National Bank of
Troy, N. Y., and also each one quarter section of land, owned by
myself, situated in the town of Mount Pleasant, Iowa, and re-
corded in my name in the Recorder's office in the County where
such land is located. The north one hundred and sixty acres
of said half section is devised to my eldest daughter, Fanny
Almira.
Third. I give, devise and bequeath to my son, Emory Randor
Holden, Five shares of Railroad stock in the Troy and Boston
Railroad, and my one hundred and sixty acres of land and saw
mill thereon, situated in Muskegon, Michigan, with all the im-
provements and appurtenances thereunto belonging, which
said real estate is recorded in my name in the County where
situated.
Fourth. I give to my wife, Mary Leffenwell Holden, all my
household furniture, goods, chattels, and personal property,
about my home, not hitherto disposed of, including Six Thous-
and dollars of bank stock in the First National Bank of Troy,
New York, Fifteen shares in the Troy and Boston Railroad,
and the free and unrestricted use, possession, and benefit of the
home farm, so long as she may live, in lieu of dower, to which
she is entitled by law ; said farm being my present place of
residence.
Fifth. I bequeath to my invalid father, Walter B. Holden,
the income from rents of my store building at 144 Water St.,
Troy, New York, during the term of his natural life. Said
building and land therewith to revert to my said sons and
daughters in equal proportion, upon the demise of my said
father.
Sixth. It is also my will and desire that, at the death of my
wife, Mary Leffenwell Holden, or at any time when she may
arrange to relinquish her life interest in the above mentioned
homestead, the same may revert to my above named children,
or to the lawful heirs of each.
And lastly. I nominate and appoint as executors of this my
last will and testament, my wife, Mary Leffenwell Holden, and
my eldest son, Lucius Denne Holden.
I further direct that my debts and necessary funeral expenses
shall be paid from moneys now on deposit in the Savings Bank
of Bennington, the residue of such moneys on deposit to revert
to my wife, Mary Leffenwell Holden, for her use forever.
In witness whereof, I, Warren P. Holden, to this my last
will and testament, have hereunto set my hand and seal, this
tenth day of September, eighteen hundred and sixty-seven.
Signed, sealed, and de- ~] A A
clared by Warren P.Hol- WARREN P. HOLDEN. usj>-
Y Y
den, as and for his last
will and testament, in the
presence of us,who,athis
request,, and in his pres-
ence, and in the presence
of each other, have sub-
scribed our names here-
unto as witnesses there-
of.
LUTHER O. WESCOTT,
Manchester, Vt.
HARTLEY B. HAWLEY,
Bennington, Vt.
DANIEL R. BOTTOM,
Bennington, Vt.
Codicil.
Whereas I, Warren P. Holden, did, oi the tenth day of
September, one thousand eight hundred and sixty-seven, make
my last will and testament, I do now, by this writing, add
this codicil to my said will, to be taken as a part thereof.
Whereas, by the dispensation of Providence, my daughter,
Fanny Almira, has deceased February third, eighteen hun-
dred and sixty-eight, and whereas, a son has been born to me,
which son is now christened Francis Allen Holden, I give
and bequeath unto him my gold watch, and all right, interest,
and title in lands and bank stock and chattels bequeathed to
my deceased daughter, Fanny Almira, in the body of this
will.
la witness whe'reof, I hereunto place my hand and seal, this
first day of January, eighteen hundred and seventy.
Signed, sealed, published,
and declared to us by the
testator, Warren P. Hol-
den, as and for a codicil
to be annexed to his last
will and testament. And
we, at his request, and
in his presence, and in
the presence of each oth-
er, have subscribed our
names as witnesses there-
to, at the date hereof.
HARTLEY B. HAWLEY,
Bennington, Vt.
REUBEN T. HURD,
Arlington, Vt.
DANIEL R. BOTTOM,
Bennington, Vt. j
WARREN P. HOLDEN.
LEGAL BUSINESS FORMS WILLS.
169
Shorter Form of Will.
I, Alvin B. Adams, of the city of Pittsburg, in the County
of Alleghany, and State of Pennsylvania, being of sound mind
and memory and understanding, do make my last Will and
Testament, in manner and form following :
First. I give, devise and bequeath to my wife, Mary, her
heirs and assigns forever, one half of all my property, real,
personal, and mixed, of what nature and kind soever, and
wheresoever the same shall be at the time of my death ; the
same to be in lieu of her dower at common law.
Second. I give, devise and bequeath unto such of my children
as may be living at the time of my death, one half of all my
property, real, personal, and mixed, of what nature and kind
soever, and wheresoever the same shall be at the time of my
death, to be divided among them, share and share alike.
Third. I hereby direct and empower my executor to sell
and dispose of all my personal property to the highest bidder
at auction, as soon as practicable after my decease, and to
sell my real estate at auction or private sale, as it may in his
judgment seem most advantageous, or for the interest of my
said devisees.
Fourth. I direct that the net avails of my real and personal
property, so disposed of as aforesaid, and converted into
money, shall be divided and paid to my said devisees within
one year after my decease.
Fifth. I hereby appoint my wife, Mary, guardian of the per-
son and estate of such of my children as may be minors at the
time of my death.
Sixth. I hereby appoint William H. Adams executor of
this my last Will and Testament.
In witness whereof, I, Alvin B. Adams, the testator, have, to
this my last Will and Testament, set my hand and seal this
tenth day of April, A. D., 1865.
Signed, sealed, published,
and declared.by the above ALVIN B. ADAMS. fci~ s. jj
named Alvin B. Adams,as
and for his last Wtll and
Testament, in the pres-
ence of us, who have here-
unto subscribed our names
at his request, as witness-
es thereto, in the presence
of the said testator and of
each other.
WINFIELD D. BROWN,
CHARLES CAMPBELL.
JOHN DOE.
Form of a Will Where Property is Left to Wife Absolutely.
THIS is the last will and testament of me, Thomas Wedge-
wood, made this i8th day of September, 1872, in Chicago,
County of Cook, and State of Illinois, as follows :
I bequeath all my lands, tenements, and hereditaments, and
all my household furniture, ready money, securities for money,
money secured by life assurance, goods, and chattels, and all
other parts of my real and personal estate and effects whatso-
ever and wheresoever, unto my wife, Clara Wedgewood, her
heirs, administrators, and assigns, to and for her and their ab-
solute use and benefit, according to the nature and quality
thereof respectively, subject only to the payment of my just
debts, funeral and testamentary expenses, and the charge of
proving and registering this my Will. And I appoint my said
wife executrix of this my Will, and hereby revoke all other
wills.
In witness whereof, I hereunto set my hand and seal, the
day and year above mentioned.
Signed, sealed, published,"
and acknowledged by the
said ThomasWedgewood
as and for his last Will
and Testament, in the
presence of us, who, in
his presence, and at his
request, and in the pres-
ence of each other, have
subscribed our names
hereunto as witnesses
thereof.
SOLON W. WATSON,
CHAS. D. SNYDCR.
THOS. WEDGEWOOD,
s.f
Form of Will with Entire Property Left to Wife, for Life
or Widowhood, with Disposition of the Same after Her
Marriage or Death, Provision being made for Maintain-
ing Children, etc. Legacies to Executors.
Realizing the uncertainty of life, I, Charles W. Freeman of
Kenosha, in the County of Kenosha, and State of Wisconsin,
make this last Will and Testament, while in the possession of
sound mind and memory, this I4th day of August, 1870.
I give, devise and bequeath unto my executors, hereafter
named, all my estate and effects that I may die possessed of or
entitled to, upon trust, to be, as soon as conveniently can be,
after my decease, sold and converted into money, and the pro-
ceeds invested in one or other of the public funds, and the
dividends arising therefrom to be paid, yearly each and every
year, unto my wife, Harriet D. Freeman, during the term of her
natural life, should she so long continue my widow ; the first
yearly payment thereof to commence and be payable at the
expiration of the first year after my decease, if my wife remains
a widow.
Upon her second marriage, I direct that one third of all
moneys from my estate, set apart for her use by my executors,
be given her for her use and behoof forever, to control as she
may choose, and the remaining two thirds I will to be given to
my children, to be divided equally among all my children by
my said wife, the share of each child to be paid on his or her
respectively attaining the age of lawful majority ; and I di-
rect that the dividends arising therefrom shall be applied, at
the discretion of my executors, towards the maintenance and
170
LEGAL BUSINESS FORMS WILLS.
education of my said children, until they shall severally and
respectively attain the said age. And in case any or either of
my said children shall happen to die under lawful majority,
then I give and bequeath the share or shares of him, her, or
them, so dying, unto the survivor or survivors of them.
And I nominate and appoint my wife, Harriet D. Freeman,
my eldest son, Clinton W. Freeman, and Walter C. Kimball,
and the survivor of them, and the executors or administrators
of such survivor, to be the executors of this my will, and in
consideration of the trouble thus imposed on them, I do hereby
give and bequeath unto each of my said executors the legacy
or sum of five hundred dollars, free of legacy duty and all other
deductions. And hereby revoking s\\ former or other wills by
me at any time made, I, the said Charles W. Freeman, to this
which I declare to be my last will and testament, set my hand
and seal.
Signed by the said testator
Charles W. Freeman.and
acknowledged by him to
be his last will and tes-
tament, in the presence
of us, present at the same
time, and subscribed by
us in the presence of the
said testator and of each
other.
BARNARD MCDOLE,
RICHARD WILSON,
HIRAM FLEMING,
CHAS. W. FREEMAN.
Nuncupative Will.
In the matter of the nuncupative will of Jonas Lyman, de-
ceased.
On the first day of July, in the year one thousand eight hun-
dred and seventy-one, Jonas Lyman, being in his last sickness,
in his dwelling, situate in Burlington, Iowa, at 84 Huron street
in the presence of the subscribers, did declare his last will and
wishes concerning the disposition of his property, in the fol-
lowing words, viz. :
He desired that his seven hundred dollars in the First Na-
tional Bank of Burlington, and two hundred dollars in the
hands of Silas Holmes, should be given to his mother. He
also expressed a desire to have Silas Holmes act as his execu-
tor, to collect the same as soon as possible, with interest due,
paying the entire amount, when collected, to his mother. He
also said, "All my other property I want my mother to have
for her separate use, except my house and lot where I live,
which I will to my sister Mary."
At the time the said Jonas Lyman stated the foregoing as his
will, he was of sound mind and memory, and desired us to bear
witness that such was his wish and desire.
Reduced to writing by us, this tenth day of July, in the
year one thousand eight hundred and seventy-one.
ABIAL GOODING,
ARTEMAS WHITE,
PETER H. SMITH.
Affidavit to the Foregoing.
STATE OF IOWA,
COUNTY OF LEE.
Personally appeared before me, George Hartwell, Clerk of
the Court of Probate for said County, Abial Gooding, Artemas
White, and Peter H. Smith, who deposed that they were pres-
ent on the first day of July, A. D. 1871, at the dwelling of the
said Jonas Lyman, situate at 84 Huron street, Burlington,
Iowa, and did hear Jonas Lyman utter what is specified in the
foregoing writing ; that he wished them to witness that it was
his last, will ; and that, at the time he was of sound mind and
memory, to the best of their knowledge and belief.
Sworn and subscribed before me, this I2th day of July, A.D.
1871. GEORGE HARTWELL, Clerk.
A Short Form of Will, Conveying the Entire Real and
Personal Property to the Wife of the Testator.
A will which bequeaths all the property of
the testator, real and personal, wheresoever it
may be, carries with it property acquired after
its publication, without a repetition of any for-
malities.
The question in relation to a bequest in such
cases, is one of intention, not of power. The
following will of Onslow Peters, the legality of
which was tested, and sustained by the courts,
was found to be amply sufficient in length for
the purpose for which it was designed. It read
as follows :
I, Onslow Peters, do make and publish this my last will and
testament, hereby revoking all former wills by me made.
I bequeath all my property, real and personal, wheresoever
the same may be, to my beloved wife, Hannah P. Peters.
I appoint my said wife the executrix of this my last will and
testament. My will is that my said wife shall not be required
to give any bonds or security to the judge of probate for the
faithful execution of the duties of executrix.
In witness whereof, I have hereunto set my hand and seal,
this thirteenth day of September, A. D. eighteen hundred and
thirty-eight.
CLAUSES FOR INSERTION IN WILLS.
Cancelling Debts That are, or May be, Due.
Whereas, there are certain sums of money due me, upon
mortgages, bills, and otherwise, from persons hereafter named
(naming them), it is my will that such indebtedness, immedi-
ately after my death, shall be cancelled by my executors. And
I do hereby release those persons aforesaid from the payment
of all debts due.
SUBSCRIPTION PAPERS. 171
Desiring that Difference of Opinion about Provisions of
the Will be Settled by Arbitrators.
It is my desire that, if any dispute, question, or controversy
shall happen, concerning any bequest or other matter in this,
my will, such question shall be referred to the arbitration of
my friends, A. D. and C. L., with provision for them to choose
an umpire ; but should they not be able to act in the matter,
then I desire that my wife and eldest son shall each appoint an
arbitrator or arbitrators, with the power of choosing a third
arbitrator ; and what a majority of them shall determine
therein, shall be binding upon all and every person or persons
therein concerned.
Providing that the Wife shall have the Custody of the
Children, and Appointing a Guardian in Case
of her Death.
And in case I shall leave any child or children, at the time
of my death, my will is that my wife shall have the guardian-
ship of them during their minority ; and in case of her death,
during the minority of said children, then I desire that my
friend, D. M., shall have the guardianship of them during their
minority ; should he refuse, I will that A. J. shall take such
supervision and guardianship.
> i
SUBSCRIPTION
A subscription heading should be written scribed. The following, with variations to suit
very plainly and as briefly as may be and ex- the circumstances, will give the reader a general
press the object for which the money is sub- idea of the manner of preparing such a form :
Form of a Subscription Heading.
(Here give Town, State and Date.)
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172 ABSTRACT OF STATE LAWS RELATING TO EXEMPTION FROM FORCED SALE.
Exemptions i Forced Sale.
ABSTRACT OF STATE LAWS.
Showing Property Exempt from Attachment, or Levy and Sale on Execution.
Ala barn a. Some worth $2,000, and Personal Property. The
.ersonal property of any resident of this State, to the value of $1,000, to
oe selected by such resident, shall be exempted from sale on execution,
personal property of any resident of this State, to the value of $1,000, to
be selected by such resident, shall be exempted from sale on execution,
or other final process of any court, issued for the collection of any debt
contracted since the adoption of the present constitution (1868. ) Every
homestead not exceeding eighty acres of land, the dwelling and appur-
tenances thereon to be selected by the owner, not in village^ town, or
city or in lieu thereof, at the option of the owner, any lot in a city,
town, or village, with the dwelling and appurtenances thereon, owned
and occupied by any resident of the State, and not exceeding the value
of S2.000. shall be e'xempted from sale on execution, or any other final
process from court, since the adoption of the present constitution.
Arkansas. Home worth S2.500, and Personal Property $500.
One hundred and sixty acres of land, or one town or city lot, being the
residence of a householder or head of a family, the appurtenances and
Improvements thereto belonging, to the value of $2,500, and personal
property to the value of $500.
California. Home worth $5.000, and Personal Property. The
nnestead not exceeding $5,000 in value, if declaration of homestead is
^rfi>li' ill*, (I In tl>a Tw/Y./Jtit>a rflir>a i\f tlifi /irmtitv xvVtova vitniitA lv n
In' value; earnings of debtor for services
Colorado. Home worth $2,000, and Personal Property. There
is exempted a homestead worth not to exceed $2,000, and to the head of
a family owning and occupying the same, there are exempted various
articles of personal property, according to the size of the family, such
as is usually determined by the statutes. The tools, working animals,
books, and stock in trade, not exceeding $300 in value, is exempted to
any person not the head of a family, when used and kept for the pur-
pose of carrying on a business or trade.
Connecticut No Home exempted. Personal Property of the
following value : Necessary apparel and bedding, household furniture
necessary for supporting life, arms, military equipments, implements
of the debtor's trade, one cow, ten sheep (not exceeding in value 150),
are protected, and certain specified amounts of family stores, one stove,
the horse, saddle and bridle, buggy and harness (not exceeding in value
$aOO), of any practising physician or surgeon, one sewing machine in
use, one pew in church In use, and a library (not exceeding in value
$500), one boat used ill fishing, not exceeding $200 In value.
Dakota Home of 80 Acres, with buildings, or house, and one half
acre in a village or city, and Personal Property. The householder is
entitled to a homestead consisting of not more than eighty acres of land
with buildings and appurtenances thereon, and personal property
aggregating in value not to exceed $1,500, which personal property is
defined by statute.
Delaware JW> Home exempted. Personal Property, $275. -
Family library, family pictures, Bible, school books, seat of pew in
church, lot in cemetery, wearing apparel of debtor and family, and
tools, implements and fixtures necessary to carry on business worth not
over $75. Head of family, in addition to the above, is allowed on other
personal property not enumerated above, $200.
District Of Columbia. ^ T " Home, exempted. Personal
Property of the fotlounmi value : The following property of a house-
holder is exempt from distraint, attachment, or sale on execution, ex-
cept for servants' or laborers' wages due: Wearing apparel, household
furniture to the amount of $300; provisions and fuel for three, months:
mechanics' tools or implements of any trade, to the value of $200, with
stock to the same amount; the library and implements of a professional
man or artist, to the value of $300; a farmer's team and other utensils,
to the value of $100; family pictures and library, iu value $400.
Florida. Farm, or House and Lot, and Personal Property. -
Homestead of one hundred and sixty acres of land and Improvements,
if in the country; a residence and one-half acre of ground, if in a village
or city; together with $1,000 worth of personal property. An addi-
tional sum of $1.000 worth of property is exempt from all debts incur-
red prior to May 10, 1865.
Georgia. Home worth $2,000, and Personal Property. "Each.
head of aTamilv, or guardian, or trustee, of a family of minor children,
is entitled to a homestead of realty to the value of S2.000 in specie, and
personal property to the value $1,000 in specie, to be valued at the time
they are set apart.
Idaho. Home worth $3.000, and Personal Property. -The head
of a family, being a householder, either husband or wife, may select a
gage thereon.
ABSTRACT OF STATE LAWS RELATING TO EXEMPTION FROM FORCED SALE.
173
Illinois. Home worth $1,000. and Personal Property. Lot of
ground and buildings thereon, occupied as a lesidence by the debtor,
being a householder and having a family, to the value of $1,000. Ex-
emption continues after the death of the householder for the benefit of
widow and family, some one of them occupying the homestead until
youngest child shall become twenty-one years of age, and until death of
widow. There is no exemption from sale for taxes, assessments, debt
or liability incurred for the purchase or improvement of such home-
stead. No release or waiver of exemption is valid, unless in writing,
and subscribed by such householder and wife if he have one), and ac-
knowledged as conveyances of real estate, are required to be acknowl-
edged. The following articles of personal property owned by the
debtor, are exempt from execution, writ of attachment, and distress for
rent: First. Necessary wearing apparel, Bibles, school books, and
family pictures of every person. Second. Other property worth $100
to be selected by the debtor. When the debtor is the head of a family,
and resides with the same, in addition, other property worth $300 may
be selected; thouffh such exempt on shall not be allowed from any
money due such debtor. A debtor taking the benefit of this act shall
make a schedule, subscribed and sworn to, of all his or her personal
property, including moneys on hand and due the debtor; and any prop-
erty owned by the debtor, and not included in said schedule, shall not
be exempt as aforesaid. And thereupon the officer having an execution
against the same, shall summon three householders who. upon oath,
will appraise and fix a fair value upon each article in said schedule, and
the debtor shall then select from such schedule such articles as he or
she may desire to retain, the aggregate value of which shall not exceed
the amount exempted, to which he or she may be entitled, and deliver
the remainder to the officer having the writ. The officer having
the writ is authorized to administer tne oath to the debtor and
appraisers.
Indiana. Home, and Personal Property of the following valve:
Any resident householder has an exemption from levy and sale under
execution, of real or personal property, or both, as he may select, to the
value of $300. The law further provides that no property shall be sold
by virtue of an execution for less than two thirds of its appraised cash