theirs and affigns forever, the faid meffuage, &c. abovementioned and all the estate, right, title, claim and demand whatfoever of me the said A. B. of, in and to the faid premises, and every part thereof, with the appurtenances; fo that neither I the faid A. B. my executors, administrators or affigns, or any of them, fhall or may have, claim, challenge or demand the faid premises, or any part thereof, or any estate, right, title or intereft, of, in, or to the fame; but fhall and will at all times hereafter of and from all right, title and intereft, of and in the faid premises, and every part thereof, be barred and forever excluded by thefe prefents: And I the faid A. B. for myself, my heirs, executors and administrators, do hereby covenant, grant, prontife and agree to and with the faid C. D. his heirs and affigns, that he the faid C. D. his heirs and affigns, fhall and may at all times hereafter, peaceably and quietly enter into, have, hold, ufe, occupy, poffefs and enjoy all and fingular the faid premises, above mentioned, and every part thereof, with the appurtenances, without the lawful let, fuit, trouble, hindrance, moleftation, interruption or disturbance of me the faid A. B. my executors administrators or affigns, or of any other perfon or perfons claiming under me, them, or any of them.

In witness, &c.

A Surrender or Declaration of Trust on a Mortgage Term.

HEREAS in and by one indenture of demife, or

W deed of bargain and fale, bearing date, &c. made or

mentioned to be made between A. B. of, &c. of the one part, and C. D. of, &c. of the other part, the faid A. B. for the confideration therein mentioned, did demife, grant, bargain and fell unto the faid C. D. his executors, administrators and affigns all thofe meffuages, &c. (Here defcribe the premifes mortgaged) to hold unto the faid C. D. his executors, adminiftrators and affigns, for the term of

years from thenceforth next enfuing: in which faid indenture or deed was contained a provifo or condition to make the fame defeasible and void on payment by the faid A. B. to the faid C. D. of the fum of, &c. with legal intereft for the fame, at a certain day therein particularly mentioned, as in and by the faid indenture of demife or mortgage deed, relation being

T

thereunto had, may more fully and at large appear: Now know all men by thefe prefents, that I the faid C. D. do hereby fignify and declare, that the faid fum of, &c. fo fecured to be paid and payable out of the faid mortgaged premises, as aforefaid, are the proper monies of E. F. of, &c. and that the name of me the faid C. D. was only used in trust for the benefit and behoof of the faid E. E. his executors, adminif trators and affigns, in the above in part recited indenture of demife or mortgage; and therefore in difcharge of the faid truft in me reposed, as aforefaid, I the faid C. D. have at the request of the faid E. F. furrendered, affigned and fet over, and by thefe prefents do grant, bargain, fell, affign and fet over, unto the faid E. F. his executors, administrators and affigns, all the eftate, right, title, intereft, use, truft, benefit, claim and demand whatsoever, which I the faid C. D. have or may have or claim of, in or to the faid meffuages, &c. and other the premises, in and by the said in part recited indenture of demife or mortgage, granted to me as aforefaid, or of or in any matter or thing in the faid indenture mentioned and contained; fo that neither I the faid C. D. my execu-tors, administrators or affigns, or any of us, at any time hereafter fhall or will afk, demand, claim, or challenge any intereft, benefit, truft, or privilege in any respect or manner whatsoever, in or to the faid above furrendered and affigned premifes or any part thereof, by reafon, colour or means of the faid in part recited indenture of demife or mortgage, or any covenant, provifo, matter or thing therein contained, or otherwife howfoever; but thereof and therefrom, and of and from all actions, fuits and demands whatsoever, which I, my executors, administrators or affigns, or any of us, may have concerning the fame, fhall be wholly and entirely debarred.

A Déclaration of a Trust on a mortgaged Term, without Surrender.

W

HEREAS in and by one indenture of demife or mortgage deed, bearing date, &c. made or mentioned to be made between A. B. of, &c. of the one part, and C. K; of, &c of the other part, the faid A B. for and in confideration of 1000 dollars therein mentioned to be paid by the faid C. K. to the faid A. B. did demife, &c. Here go on and recite the mortgage as in the last furrender

to hold for a long term of years, defeafible on repayment by the faid A. B. to the faid C. K. of the faid eco dollars with intereft on certain days therein mentioned, as in and by the faid indenture or deed may more fully appear: No know all men by thefe prefents, that I the faid C. Kds heres by fignify and declare that 300 dollars, part of the 100 dollars, are the proper monies of E. F. of, &c. and 200 dollars more, other part of the faid principal fum, are the proper monies of G. H. of, &c. And therefore the fid C. K. doth hereby delare, grant and agree, that he the faid C. K. his executors and adminiftrators fhall and will from henceforth ftand poffeffed of, and interested in the faid mortgage and mortgaged premifes, and every part thereof in truft, as well for fecuring the payment of the faid fum of 300 dollars and intereft to the faid E. F. his executors, adminiftrators an affigns, and the faid fum of 200 dollars and intereft to the faid G. H. his executors, adminiftrators and affigns, for fecuring the repayment of the other 500 dollars and interelt to him the faid C. K. his executors, adminiftrators, and affigns :. And that neither he the faid C. K, his execu tors or administrators, shall or will affign, or in any wife vacate the faid mortgage, or releafe the monies thereby fecured, until the faid E. F. fhall be fully paid and fatisfied the faid 300 dollars and intereft and the faid G. H. fhail alfo be fully paid and fatisfied his 200 dollars and interest. In witness, &c.

A Declaration of Trust by Way of Affignment.

HIS indenture made, &c. between T. B. of, &c. of T the one part, and M. K. of the other part. Whereas in and by one indenture, &c. (Here recite the mortgage leafe as in the foregoing) Now this indenture witneffeth, That the faid T. B. doth hereby acknowledge and declare, that the fum of, &c. in the faid part recited indenture or deed of mortgage mentioned, was all the proper money of the faid M. K. and not any part thereof the money of the faid T. B. and that the name of him the faid T. B. was used therein, only in truft for the faid M. K. his executors, adminiftrators and affigns: And therefore the faid T. B. in purfu. ance of the truft repofed in him, as aforefaid, by the faid'

M. K. and alfo for and in confideration of the fum of onedollar to him in hand paid by the faid M. K. at or beforethe fealing and delivery of these presents, the receipt whereof is hereby acknowledged. hath granted, bargained, fold,, affigned, transferred and fet over, and by thefe presents doth grant, bargain, fell, affign, transfer and fet over unto the faid M. K. his, executors, administrators and affigns, all and fingular the faid meffuages, &c. and premises before mentioned in and by the said in part recited indenture or deed of mortgage granted, with their and every of their appurtenances; and alfo all the eftate, right, title, intereft, term of years, property, claim and demand whatsoever, of him the faid T. B. of, in or to the faid premises, and every part and parcel thereof, together with the faid in part recited indenture of demife or mortgage: To have and to hold the faid meffuage, &c. hereby granted and affigned, or mentioned or intended fo to be unto the faid M. K. his executors, administrators and affigns, for and during all fuch term and estate as he the said T. B. hath or ought to have therein. And the faid T. B. for himself, his heirs, executors and administrators, doth covenant and grant, to and with the faid M. K. his execu tors, administrators and affigns, that he the faid T. B. hath not made, committed, acted, or done, or caused or procured to be made, committed, acted or done, any act, matter or thing, whereby, or by reafon or means whereof the said mesfuages, &c. and premifes, or any part thereof, are, may or can be charged, or encumbered in title, charge, eftate or otherwife, howfoever.

In witness, &c.

OF WILLS AND TESTAMENTS..

A

WILL (or laft will and teftament) is the declaration of a perfon's mind and intent (concerning the difpofition of his lands or goods) of what he would have done after his death. The common law calls that a will whereby lands. or tenements are given; and where it concerns goods and chattels alone, it is termed a teftament.

If lands are given by will, it is called a devife; and if goods and chattels, a legacy.

Wills have not force till after the teftator's deceafe. They are to be taken according to the intent of the teftator.

Where there are two wills, the last shall stand in force, But if two wills are made both of one date, they are both void. And if in a will there are two devifes of the fame thing, the laft devife fhall take place. Jacob's Dict, A Codicil is a schedule or fupplement of a will, where any thing is omitted, which the teftator would add, or where he would explain, alter or retract what he had therein done.

Ibid. By a law of the Commonwealth of Maffachusetts, paffed Feb. 6th, 1784, it is enacted as follows, viz.

ft. That every perfon lawfully feized of any lands, tenc"ments or hereditaments, within this flate, in his or her own right, in fee fimple, or for the life or lives of any other perfon or perfons of the age of twenty-one years and upwards, and of fane mind, fhall have power to give, difpofe of and devife the fame, as well by laft will and teftament in writing, as otherways by any act executed in his or her life-time, to and among his or her children, or others, as he or the fhall think fit.

2d. That all devifes and bequests of any lands or tenements fhall be in writing, and figned by the party fo deviling the fame, or by fome perfon in his prefence, and by his exprofs direction, and fhall be attefted and fubfcribed in the prefence of the faid devifor, by three or more eredible witneffes, or elfe fhall be utterly void and of no effect. And moreover, no devife in writing, of lands, tenements and he reditaments, or any clause thereof, shall be revokable, otherways than by fome other will or codicil in writing, or other writing declaring the fame, or by burning, cancelling, tearing, or obliterating the fame by the teftator himself, or in his préfence, and by his direction and confent; but all devifes and bequests of lands and tenements fhall remain and continue in full force until the fame be burnt, cancelled, torn-or obliterated by the teftator, or his direction in manner afarefaid, or unless the fame be altered by fome other will or codicil, or other writing of the devifor, figned in the pref ence of three or more witneffes, declaring fuch alteration.

3d. That no nuncupative will shall be good where the efs tate thereby bequeathed fhall exceed the value of fifty pound Ta