LEGAL FORMS.
FORM OF WILL.
In the name of God, Amen.
I, (give name of testator) of (residence), being of sound mind and memory, do hereby make, publish, and declare this to be my last Will and Testament, hereby revoking and making void all former Wills by me at any time heretofore made.
First—I order and direct my Executors, as soon after my decease as practicable, to pay off and discharge all the debts, dues, and liabilities that may exist against me at the time of my decease.
Second—I give and bequeath unto my wife (name). (Here state property bequeathed.)
Third—I give and bequeath unto my son (name). (Here state property bequeathed.)
Same form for each legacy.
Fourth—I hereby nominate and appoint. (Here give name of person or persons selected as Executors.)
In Witness Whereof I have hereunto subscribed my name this ____ day of ____ A. D.
____ Name.
The above and foregoing instrument was at the date thereof signed, sealed, published, and declared, by the said (name of testator), as and for his last Will and Testament, in presence of us, who, at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses.
Name. ____ ____ Residence.
Name. ____ ____ Residence.
Note.—Must be signed by the testator before acknowledged by him to be his will—and must be signed by testator in presence of witnesses—or acknowledged by him in presence of witnesses. Two witnesses are necessary.
ARTICLES OF CO-PARTNERSHIP.
This agreement, made and entered into this ____ day of ____, 187_, by and between ____ of ____, and ____, of ____
Witnesseth: that the said parties hereby agree to become partners in the business of ____ at ____ for the term of ____ years from the date hereof, under the firm name of ____.
Said parties have each contributed the sum of ____ dollars as the capital stock of said firm.
Both parties are to devote their entire time and skill for the common benefit.
All expenses of the business and all losses are to be borne in common, and the profits are to be equally divided.
Books of account are to be kept, in which shall be entered all money received or paid, all purchaser and sales of goods, and all matters of account relating to the business of the firm, which shall at all times be accessible to both.
No money or other property shall be withdrawn by either partner, or applied to his own use, except with the written consent of the other partner; and in every such case the same shall be charged, and his share of the profits shall be reduced in proportion to the amount withdrawn.
Once in each year a correct account shall be taken and stated on the ledger of all stock property and assets of the firm, and of all debts and liabilities.
At the close of the partnership a like account shall be taken and stated, and the stock and property, and the debts, shall be equally divided after payment of the liabilities of the firm.
No debt or claim of the firm shall be released or settled without payment in full, unless by consent of both partners.
Neither partner shall have power to bind the firm as surety in any case; and neither partner shall become surety for another without the written consent of the other partner.
Witness our hands and seals this the day and date above written.
Name ____ [seal.]
Name ____ [seal.]
AGREEMENT TO CONTINUE A CO-PARTNERSHIP.
As the partnership existing between the undersigned will expire on the ____ day of ____, 187_, it is hereby agreed that said co-partnership shall continue upon the same terms and conditions as provided in the original articles of co-partnership for the further term of ____ from the date of the expiration of said co-partnership as fixed by the said articles.
Witness our hands (as in articles, giving date).
AGREEMENT for DISSOLUTION of CO-PARTNERSHIP.
The undersigned hereby agree that the co-partnership existing between them, as is witnessed by the Articles of Co-partnership signed by us, be, and the same is hereby, dissolved, except for the purpose of final settlement of the business thereof, which may be settled by ____. And upon such settlement, then said co-partnership shall be wholly dissolved.
Witness, etc. (as above).
POWER OF ATTORNEY.
Know all men by these presents, that I ____ of ____, hereby make, constitute, and appoint ____ of ____, my true and lawful Attorney, for me, and in my name, place, and stead, to (here state duty of Attorney) granting unto my said Attorney full power and authority to do and perform each and every thing necessary and proper to be done in the performance of his duty, as fully as I might or could do if personally present, hereby ratifying and confirming all the lawful acts of my said Attorney, done under and by virtue hereof.
Witness my hand and seal this ____ day of ____ A. D. 187_.
Name ____ [seal.]
Note.—To be signed and acknowledged as a deed for the conveyance of real estate.
FORM OF SUBMISSION TO ARBITRATION.
Know all men by these presents, that whereas a controversy is now existing between (name), of (residence), and (name), of (residence), touching (here state nature of controversy):
Now, therefore, we, the said (here give names of parties), do hereby submit said controversy to the decision and arbitration of (here give names of three persons selected as arbitrators), of (here state residences), and do covenant each with the other that we will faithfully keep and abide by the decision and award that they, or any two of them, may make in writing—said award to be made and signed on or before (here give date).
And it is agreed by the parties hereto, that the party that shall fail to abide by and observe said award, made in accordance with the foregoing submission, shall forfeit and pay to the other the sum of (here insert amount).
Witness our hands this ____ day of ____ A. D. ____.
____ Name.
____ Name.
AWARD OF ARBITRATORS.
The undersigned to whose arbitration was submitted the matters in controversy between (here give names of parties) as more fully appears by their written submission hereto attached, Report that on the day of ____ A. D. 18__, after having been duly sworn according to law, and having given both parties ____ day’s notice in writing of the time and place of our meeting to consider said matter, we proceeded to the discharge of our duty; said (name of party) appearing in person (if by Att’y also so state,) and said (name of party) appearing in person (if by Att’y also so state.) And having heard the allegations and proofs of said parties, and the witnesses introduced by them, and having examined the matter in controversy submitted by them, do make and declare this as and for our award.
Here state findings of Arbitrators.
Witness our hands this ____ day of ____ A. D. ____.
____ Name.
____ Name.
____ Name.
GENERAL FORM FOR AGREEMENT.
This Agreement made this ____ day of ____ 187_, by and between ____ of ____ and ____ of ____. Witnesseth: That the said ____ for the consideration of (here state nature of consideration) to be (if money paid,) (if work or labor or delivery of property) to be performed or delivered as hereafter provided, hereby agrees that (state agreement of this party fully.)
And for the consideration above mentioned the said ____ hereby agrees, that (state agreement of this party fully.)
In witness whereof, we hereto subscribe our names and affix our seal this day and date first above written.
Name ____ [seal.]
Name ____ [seal.]
AGREEMENT FOR SALE OF PERSONAL PROPERTY.
This Agreement, made this ____ day of ____ 187_, between ____ of ____ and ____ of ____. Witnesseth: That the said ____ in consideration of the agreements on the part of ____ hereafter named, agrees to and with the said ____ that on or before the ____ day of ____, 187_, he will deliver to the said ____ at (state place of delivery,) the following property (state kind of property).
And the said ____ in consideration of the aforesaid agreements and promises on the part of the said ____, hereby promises and agrees to and with the said ____, that he will pay to him (state price to be paid) said payments to be made as follows (state how and when.)
In witness whereof, we hereto subscribe our names and affix our seals this the day and year first above written.
Name ____ [seal.]
Name ____ [seal.]
AGREEMENT FOR THE SALE OF REAL ESTATE.
This Agreement, made this ____ day of ____ 187_, by and between ____ of ____ and ____ of ____. Witnesseth: That for and in consideration of the sum of ____ dollars, to be paid by the said ____ to the said ____ as follows (state manner of payment), the said ____ hereby promises and agrees to convey by (state nature of conveyance, whether warranty or quit claim), the following described real estate situate in ____ county, State of ____. (Give description of land.) And the said ____ hereby promises to pay said ____ the sum of ____ dollars as above provided.
And upon the payment in full of said amount, then said conveyance is to be executed and delivered.
In witness whereof, we hereunto subscribe our names and affix our seals this the day and date above written.
Name ____ [seal.]
Name ____ [seal.]
Note.—To be executed and acknowledged as a deed for real estate.
FORM OF LEASE.
Agreement of Lease, made this ____ day of ____, between ____ of and ____ of ____, Witnesseth: That the said ____ agrees to pay to ____, ____ dollars per ____ for the rent of the house and premises on (description of land.)
The said ____ agrees to use said premises for no other purpose than ____, and not underlet the same without the written consent of ____. This lease to commence on the ____ day of ____ 187_, and continue until the ____ day of ____ 187_. The rent to be paid (state how) to the said ____ at ____. A failure to pay the rent as agreed, or to comply with any of the stipulations of their lease by ____, shall authorize the said ____ to consider the same forfeited; and he may take possession of the premises without notice and without process of law, or he may bring his action as allowed by law to recover possession.
In witness whereof, we hereunto subscribe our names and affix our seals this the day and date first above written.
Name ____ [seal.]
Name ____ [seal.]
FORM OF DEED.
This Deed, made this ____ day of ____ 187_, Witnesseth: That for the consideration of ____ dollars, we ____ of ____ county, State of ____, hereby sell and convey unto ____ of ____ county, State of ____, all the following described real estate, situate in ____ county, State of Iowa. (Here give a description of the land) together with all the estate, title, and interest, dower, and right of dower of the said grantors, or either of them.
And we hereby warrant the title to said premises against all persons whomsoever (or if quit claim say), and we hereby quit claim all our right, title and interest in and to said premises to the grantees herein.
Witness our hands and seals this the day and date above written.
Name ____ [seal.]
Name ____ [seal.]
| The State of ____ | } | ss. |
| ____ County. | } |
Be it Remembered, That on this ____ day of ____ 187_, before me a ____ within and for said county and State, personally appeared ____, who personally known to me to be the identical person whose name ____ affixed to the foregoing deed as grantor, and she acknowledged the same to be her voluntary act and deed, and the said ____, having been made acquainted with the contents hereof, and the nature of the above instrument having been fully explained to her, and having been examined by me separate and apart from her husband, acknowledged that she signed and executed the said deed freely and voluntarily, and without compulsion, and that she does not desire to retract the same.
In witness whereof, I hereto set my hand and ____ seal this the day and date last above written.
Name ____ [seal.]
Note.—It is better in all cases to have two witnesses to the signatures, as the fact that such signatures are witnessed will never invalidate the conveyance; and in some States the instrument is void without such witnesses.
MORTGAGE DEED.
This Deed, made this ____ day of ____, 187_, Witnesseth: That for the consideration of ____ dollars, we ____ of ____ county, State of ____, hereby sell and convey unto ____ of ____ all the following described real estate, situate in ____ county, State of ____ to-wit: (Here describe real estate.)
And we hereby warrant the title to said premises against all persons whomsoever.
This deed to be void, however, on condition ____ pay. (State nature of indebtedness, time and manner of payment.)
(If homestead say), and the property conveyed being our homestead, we hereby expressly waive all benefit of the homestead and exemption laws, and consent that said property shall be liable for the payment of said indebtedness. Otherwise of force and virtue.
Witness our hands and seals this the day and date above written.
Name ____ [seal.]
Name ____ [seal.]
NEGOTIABLE NOTE.
Chicago, Ill., May 1st, 1873.
$200
One year after date, I promise to pay to the order of Felix Welty, two hundred dollars, with ten per cent. interest from date, for value received.
Name ____
NON-NEGOTIABLE NOTE.
Chicago, Ill., May 1st., 1873.
$200
One year after date. I promise to pay Felix Welty, two hundred dollars, with ten per cent. interest from date, for value received.
Name ____
NOTE TRANSFERABLE BY DELIVERY.
Chicago, May 1st, 1873.
$200
One year after date, I promise to pay Felix Welty or bearer, two hundred dollars, with ten per cent. interest from date, for value received.
Note.—If joint note say “we.” If joint and several say “we or either of us.”
Name ____
DUE BILL.
Due Felix Welty, two hundred dollars, value received. May 1st, 1873.
Name ____
RECEIPT.
Chicago, Ill., May 1st, 1873.
Received of Willis Moran one hundred dollars, in full of all claims or demands, of each and every kind held by me against him.
Name ____
Note.—If in satisfaction or payment of any particular claim, to state.