This section is from the book "Hill's Manual Of Social And Business Forms: A Guide To Correct Writing", by Thos. E. Hill. Also available from Amazon: Hill's Manual Of Social And Business Forms: The How-To-Do-Everything Book Of Victorian America.
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.
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-named Alvin B. Adams, as and for his last will and testament, in the presence of us, who have hereunto subscribed our names at his request, as witnesses thereto, in the presence of the said testator and of each other.
Winfield D. Brown,
ALVIN B. ADAMS.
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 whatsoever and wheresoever, unto my wife, Clara Wedgewood, her heirs, administrators and assigns, to and for her and their absolute 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 Thomas Wedgewood, as and for his last will and testament, in the presence of us, who, in his presence, and at his request, and in the presence of each other, have subscribed our names hereunto as witnesses thereof.
Solon W., Watson,
Charles D. Snyder,
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 fourteenth day of August, A. D. 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 proceeds 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 direct that the dividends arising therefrom shall be applied, at the discretion of my executors, toward the maintenance and 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 all 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 Bald testator, Charles W. Freeman, and acknowledged by him to be his last, will and testament, 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.
CHARLES W. FREEMAN.
In the matter of nuncupative will of Jonas Lyman, deceased.
On the first day of July, in the year one thousand eight hundred 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 following words, viz.:
He desired that his Seven Hundred Dollars in the First National 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 executor, 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 bouse 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.
State of Iowa, County of Lee, ss.
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 present 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 be 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 twelfth day of July, A. D. 1871. GEORGE HARTWELL, Clerk.
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 formalities.
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, one thousand eight hundred and thirty-eight.