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248

FORMS FOR PROCLAMATIONS. SUBSCRIPTION HEADINGS.

sources, will be at once forwarded through to Chicago free of expense. I cannot too strongly urge upon our citizens immediate

attention to this subject.

A. OAKET HALL. Mayor.

President's Proclamation for Thanksgiving.

By the President of the United States of America—a Proclamation:

In conformity with custom, the annual observance of which is justly held in honor by this people, I, Chester A. Arthur, President of the United States, do hereby set apart Thursday, the thirtieth day of November next, as a day of public thanksgiving.

The blessings demanding our gratitude arc numerous and varied; for the peace and amity which subsist between this republic and all nations of the world; for freedom from internal discord and violence; for increasing friendliness between the different sections of this land of liberty, justice and constitutional government; for the devotion of our people to our free institutions, and their cheerful obedience to mild laws; for the constantly increasing strength of the republic, while extending its privileges to fellow-men who come to us; for the improved means of internal communication and the increased facilities of intercourse with other nations; for the general prevailing health of the year; for the prosperity of all our industries—a liberal return for the mechanic's toil, affording a market for the abundant harvests of the husbandmen; for the preservation of the national faith and credit; for the wise and generous provision to effect the intellectual and moral education of our youth; for the influence upon conscience of restraining and transforming religion, and for the joys of home; for these and for many other blessings we should give thanks.

Wherefore, I do recommend that the day above designated be observed throughout the country as a Day of National Thanksgiving and Prayer, and that the people, ceasing from their daily labors, and, meeting in accordance with their several forms, worship and draw

near to the Throne of Almighty Qod, offering to Him praise and gratitude for the manifold good which He has vouchsafed to on, and praying that His blessings and mercies may continue.

And I do further recommend that the day thus appointed may be made the special occasion for deeds of kindness and charity to the suffering and needy, so that all who dwell within the land may rejoice and be glad in this season of national thanksgiving.

In Witness Whereof I have hereunto set my hand, and caused the seal of the United States to be affixed.

Done at the City of Washington, this twenty-fifth day of October, in the year of our Lord one thousand eight hundred and eighty-two, and of the independence of the United States the one hundred and

ffloo»»»»oo'& CHESTER A. ARTHUR.

By the President:

Frederick T. Fueling Hut Sen.

Secretary of State.

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Proclamation Concerning Mad Dogs.

Whereas, it has been officially reported to me that mad dogs have recently bitten certain dogs and other animals within this corporation, thereby endangering their lives and the lives of our citizens:

Therefore, in order to preserve the lives and peace of our citizens and their animals. I do hereby order that from and after the date hereof, for the next sixty days, any dog found running at large, without having a substantial wire muzzle securely fastened over it* month, shall be shot by the city marshal or officers under his charce In Witness Whereof I have affixed my signature and the official seal of the city of Herman, in the county of Grant, and State of Minnesota, this thirty-first day of June, A.D. 1880. PHILO STEPHENS, Mayor.

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Attest: Eli M. Page, City Clerk.

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HE LEGAL declaration of what a person s determines to have done with his property

ty» after death, is termed a will.

All persons of lawful age, possessed of sound mind, excepting married women in certain States, are entitled to dispose of their property by will.

No exact form of words is necessary in order to make a will good at law; though much care should be exercised to state the provisions of the will so plainly that its language may not be misunderstood.

The person making the will is termed the testator (if a female, testatrix).

A will is of no force and effect until the death of the testator, and can be cancelled or modified at any date by the maker.

The last will made annuls the force of all preceding wills, if not an addition to them.

The law regards marriage, and offspring resulting, as good evidence of revocation of a will made prior to such marriage, unless the wife and children are provided for by the husband in some other manner, in which case the will remains in full force.

To convey real estate by will, it must be done in accordance witli the law of the State or country where such land is located; but personal property is conveyed in harmony with the law that obtains at the place of the testator's residence.

There are two kinds of wills, namely, written and verbal, or nuncupative. The latter, or spoken wills, depending upon proof of persons hearing the same, generally relate to personal property only, and are not recognized in all the States, unless made within ten days previous to the death, or by persons in the military or naval service. Verbal or unwritten wills are usually unsafe, and, even when well authenticated, often make expensive litigation; hence the necessity

of having the wishes of the testator fully and clearly defined in a written will.

To give or make a devise of property by will and subsequently dispose of the same, without altering the will to conform to such sale, destroys the validity of the devise.

A will made by an unmarried woman is legally revoked by marriage; but she can take such legal steps in the settlement of her property before marriage as will empower her to dispose of the same as she may choose, after marriage.

No husband can make a will that will deprive the wife of her right of dower in the property; that is, her right to the proceeds of one-third of the real estate and appurtenances, as long as she may live. But the husband can will the wife a certain amount in lieu of her dower, stating it to be in lieu thereof. Such bequest, however, will not exclude her from her dower, provided she prefers it to the bequest made in the will. Unless the husband states distinctly that the bequest is in lieu of dower, she is entitled to both.

Property bequeathed must pay debts and incumbrances upon the same before its distribution can be made to the legatees of the estate.

Though property may be willed to a corporation, the corporation cannot accept such gift unless provision is made for so doing in its charter.

A will may be revoked by marriage, a codicil, destruction of the will, disposing of property devised in a will, or by the execution of another will.

The person making a will may appoint his executors, but no person can serve as such executor if, at the time of the proving of the will, he be under twenty-one years of age, a convict, a thoroughly confirmed drunkard, a lunatic, or an imbecile. No person appointed as an executor is obliged to serve, but may renounce his appointment by legal written notice signed before 250

GENERAL FACTS RELATING TO WILLS.

two witnesses, which notice must be recorded by the officer before whom the will is proved.

The person named in the will by the testator to administer the same is termed an executor. The individual appointed by a court is known as an administrator. The duties of each, in the settlement of an estate, are essentially the same.

In case a married woman possesses property, and dies without a will, her husband is entitled to administer upon such property in preference to an}' one else, provided he be of sound mind.

Any devise of property made to a subscribing witness is invalid, although the integrity of the will in other respects is not affected.

In all wills the testator's full name should be written at the end of the will. If he be unable to write, he may have his hand guided in making a mark against the same. If he possesses a sound mind, and is conscious at the time of the import of his action, such mark renders the will valid.

Witnesses should always write their respective places of residence after their names, their signatures being written in the presence of each other, and in the presence of the testator.

Different States require a different number of witnesses. To illustrate: Missouri, Illinois, Ohio. Kentucky, North Carolina, Tennessee, Iowa,

Utah, Texas, California, New Jersey, Delaware, Indiana, Virginia,Oregon, Minnesota, Michigan. Wisconsin, Rhode Island, Louisiana and New York require Two witnesses.

The States of Florida, Mississippi, Maryland. Georgia, South Carolina, Massachusetts Connecticut, Maine, New Hampshire and Vermont demand Three witnesses to authenticate a will.

Witnesses are not required to know the contents of a will. They have simply to know that the document is a will, and witness the signing of the same by the testator, or he to witness their signing.

Proof of signature of the testator by the oath of two reputable witnesses, is sufficient to establish the validity of a will in the State of Pennsylvania; no subscribing witnesses being absolutely demanded.

Codicils.

An addition to a will, which should be in writing, is termed a codicil, and executed like a will.

A codicil is designed to explain, modify, or change former bequests made in the body of the will. It should be done with the same care and precision as was exercised in the making of the will itself.

General Form ol Will (or Real and Personal Property.

I. Warren P. Holden, of the town of Bennington, county of Bennington, State of Vermont, being aware of the uncertainty 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 Penile 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 assign's, forever.

Second. I give, devise and bequeath to each of my daughters, Fanny Almini Holden and Hannah Oriana Holden, eacli 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 Plensunt, Iowa, and recordeti 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 improvements

and appurtenances thereunto belonging, which said real estate Ifl 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 borne, not hitherto disposed of, including Six Thousand 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, tbe income from rents of my store building, at 144 Water street, Troy, New York, during the term of his natural life. Said building and Innd 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 ohildren, or to the lawfnl heirs of each.

And lattly. 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 Ben

FORMS FOK DIFFERENT KINDS OF WILLS.

251

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Codicil.

Whereas I, Warren P. Holden, did, on the tenth day of September, one thonsand eight hundred and sixty-seven, make my Inst 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, ray daughter, Fanny Almira, has deceased, the third day of February, A. D. 1808, and whereag, 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.

In witness whereof, I hereunto place my hand and seal, this first day of January, one thousand eight hundred and seventy. Signed, scaled, published and

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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, 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 game 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 snch 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 pergonal 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 person 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 baud 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 Bald testator and of each other.'

Wikfield D. Brown,

Pittsburg, Pa,

Charles Campbell,

Pittsburg, Pa,

John Dok,

Pittsburg, Pa,

ALVIN B. ADAMS.

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Form of Will Where Property is Left to Wife Absolutely.

This is the last will and testament of me, Thomas Wedgewood, made this eighteenth day of September, A. D. 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 whatsoever and wheresoever, unto my wife, Clara Wedgewood, her heirs, administrators and agsigns, to and for her and their absolute use and benefit, according to the nature and quality thereof respectively, BUbject 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 obove mentioned.

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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 Maintaining Children, Legacies to Executors, etc.

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

252

VERBAL WILLS. SHORT WILLS. CLAUSES TO INSERT IN WILLS.

paid yearly, each and every year, unto ray 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 ray 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 said testator,

Charles W. Freeman, and ac

knowledfred by him to be his

last will aud testament, in

the presence of us, present at

the name time, and subscribed

by us in the presence of the

said testator and of each

other. Barnard Mcdolk.

Kenosha, Wis. Hiram Klejii.no.

Kenosha, Wis. Richard Wilson,

Kenosha. Wis.

CHARLES W. FREEMAN

Nuncupative Will.

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 dne, paying the entire amount, when collected, to his mother. He also said, "All my other property I want ray mother to have for her separate use, except my bouse and lot where I live, which I will to my sister Mary.1'

At the time the said Jonas Lyman stated the foregoing as his will, he was of sound mind and memory, and desired ns 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, PKTEH H. SMITH.

Affidavit to the Foregoing.

State or Iowa, )

County of Lee, f * Personally appeared before me, George

Hart well, clerk of the court of probate for said county, Atria] 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 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 twelfth 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 persona], 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 It 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 thirtyeight.

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, immediately after my death, shall be cancelled by my executors. And I do hereby release those persons aforesaid from the payment of all debts due.

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 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 guardianship of them during their minority; and in the case of her death, d urine 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.

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