Imágenes de páginas
PDF
EPUB

The present edition of this Act has been undertaken in consequence of the Editor having very recently published a work professing to shew how the Law of Real Property stands at the present day, and this work appeared incomplete without the present act the only material alteration in that branch of the law passed in the present session.

Lincoln's Inn, July 10, 1837.

ANALYSIS OF THE ACT.

MEANING of certain words in this act ; “ Will :" 12 Car. 2. c. 24; 14 & 15 Car. 2. (I.) • Real Estate :” “ Personal Estate :" Number ; Gender. (s. 1.)

Repeal of the statutes of wills ; 32 H. 8. c. 1, and 34 & 35 H. 8, c. 5. 10 Car. 1, Sess. 2, c. 2, (I.) Sec 5, 6, 12, 19, 20, 21, and 22 of the Statute of Frauds, 29 Car. 2, c. 3; 7 W.3, c. 12, (I.) Sec. 14 of 4 & 5 Anne, c. 16. 6 Anne, c. 10. (I.) Sec. 9, of 14 G. 2, c. 20. 25 G. 2, c. 6, (except as to colonies.) 25 G. 2, c. 11, (I ) 55 G. 3, c. 192. (s. 2.)

All property may be disposed of by will, comprising customary free. holds and copyholds without surrender and before admittance, and also such of them as cannot now be devised; estates pur autre vie ; contingent interests; rights of entry; and property acquired after execution of the will. (s. 3.)

As to the fees and fines payable by devisees of customary and copyhold estates. (s. 4)

Wills or extracts of wills of customary freeholds and copyholds to be entered on the Court Rolls; and the lord to be entitled to the same fine &c., when such estates are not not devisable as he would have been

from the heir in case of descent. (s. 5 )

Estates pur autre vie. (s. 6.)
No will of a person under age valid. (s. 7.)
Nor of a feme covert, except such as might now be made. (s. 8.)

Every will shall be in writing, and signed by the testator in the presence of two witnesses at one time. (s. 9.)

Appointments by will to be executed like other wills, and to be valid, although other required solemnities are not observed. (s. 10.)

Soldiers and mariners wills excepted. (s. 11.)

Act not to affect certain provisions of 11 G. 4, and I W. 4, c. 20, with respect to wills of petty officers and seamen and marines. (s. 12.)

Publication not to be requisite. (s. 13.)

Will not to be void on account of incompetency of attesting witness. (s. 14.)

Gifts to an attesting witness to be void. (s. 15.)
Creditor attesting to be admitted a witness. (s. 16.)
Executor to be admitted a witness. (s. 17.)
Will to be revoked by marriage, (s. 18.)
No will to be revoked by presumption. (s. 19.)

No will to be revoked but by another will or codicil, or by a writing executed like a will, or by destruction (s. 20.)

No alteration in a will shall have any effect unless executed as a will. (s. 21.)

No will revoked to be revived otherwise than by re-execution or a codicil to revive it. (s. 22.)

A devise not to be rendered inoperative by any subsequent conveyance or act, (s 23.)

A will shall be construed to speak from the death of the testator. (s. 24.)

A residuary devise shall include estates comprised in lapsed and void devises. (s. 25.)

A general devise of the testator's lands shall include copyhold and leasehold as well as freehold lands. (s. 26.)

A general gift shall include estates over which the testator has a general power of appointment. (s. 27.)

A devise without any words of limitation shall be construed to pass the fee. (s. 285.

The words “ die without issue,” or “ die without leaving issue,” shall be construed-to mean die without issue living at the death. (s 29.)

No devise to trustees or executors, except for a term or a presentation to a church shall pass a chattel interest. (s. 30.)

Trustees under an unlimited devise, where the trust may endure beyond the life of a person beneficially entitled for life, to take the fee. (s. 31.)

Devises of estates tail shall not lapse. (s. 32.)

Gifts to children or other issue living at the testator's death shall not lapse. (s. 33.)

Act not to extend to wills made before 1838, nor to estates pur autre vie of persons who die before 1838. (s. 34.)

Act not to extend to Scotland. (s. 35.)
Act may be altered this session. (s. 36.)

« AnteriorContinuar »