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the royal navy, and non-commissioned officers of marines, 1 Vict. c. 26. and marines, so far as relates to their wages, pay, prize money, bounty money, and allowances, or other monies payable in respect to services in her Majesty's navy (k). XIII. And be it further enacted, That every Will exe- Publication

not to be cuted in manner herein before required shall be valid

requisite. without any other publication thereof. XIV. And be it further enacted, That if any person who will not to be

void on account shall attest the execution of a Will shall at the time of the of incompeexecution thereof or at any time afterwards be incompetent tency of attest

ing witness. to be admitted a witness to prove the execution thereof, such Will shall not on that account be invalid. XV. And be it further enacted, That if any person shall Gifts to an at

testing witness attest the execution of any Will to whom or to whose wife to be void. or husband any beneficial devise, legacy, estate, interest, gift, or appointment, of or affecting any real or personal estate (other than and except charges and directions for the payment of any debt or debts), shall be thereby given or made, such devise, legacy, estate, interest, gift, or appointment shall, so far only as concerns such person attesting the execution of such Will, or the wife or husband of such person, or any person claiming under such person or wife or husband, be utterly null and void, and such person so attesting, shall be admitted as a witness to prove the execution of such Will, or to prove the validity or invalidity thereof, notwithstanding such devise, legacy, estate, interest, gift, or appointment mentioned in such Will (1). XVI. And be it further enacted, That in case by any Creditor attest

ing to be ad Will any real or personal estate shall be charged with any mitted a witdebt or debts, and any creditor, or the wife or husband of ness. any creditor, whose debt is so charged, shall attest the execution of such Will, such creditor notwithstanding such charge shall be admitted a witness to prove the execution of such Will, or to prove the validity or invalidity thereof. XVII. And be it further enacted, That no person shall, Executor to be

admitted a

witness.

(k) See infra, p. 346, et seq.

( See infra, p. 949, 950.

1 Vict. c. 26. on account of his being an executor of a Will, be incompetent

to be admitted a witness to prove the execution of such

Will, or a witness to prove the validity or invalidity thereof. Will to be re

XVIII. And be it further enacted, That every Will made voked by mar riage.

by a man or woman shall be revoked by his or her marriage (m) (except a Will made in exercise of a power of appointment, when the real or personal estate thereby appointed would not in default of such appointment pass to his or her heir, customary heir, executor, or administrator, or the person entitled as his or her next of kin, under the

Statute of Disttibutions). No Will to be XIX. And be it further enacted, That no Will shall be revoked by presumption.

revoked by any presumption of an intention on the ground

of an alteration in circumstances (n). No Will to be XX. And be it further enacted, That no Will or codicil or revoked but by another Will or any part thereof, shall be revoked otherwise than as aforecodicil, or by a writing exe

said, or by another Will or codicil executed in manner cuted like a hereinbefore required, or by some writing declaring an Will, or by destruction. intention to revoke the same, and executed in the manner in

which a Will is hereinbefore required to be executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by

his direction, with the intention of revoking the same (o). No alteration XXI. And be it further enacted, That no obliteration, in a Will shall have any effect interlineation, or other alteration made in any Will, after unless executed

the execution thereof shall be valid or have any effect, as a Will.

except so far as the words or effect of the Will before such alteration shall not be apparent, unless such alteration shall be executed in like manner as hereinbefore is required for the execution of the Will; but the Will, with such alteration as part thereof, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses be made in the margin, or on some other part of the Will opposite or near to such alteration, or at the foot or end of

(0) See infra, p. 111, et seq.

(m) See infra, p. 175.
(n) See infra, p. 175, et seq.

or opposite to a memorandum referring to such alteration, 1 Vict. c. 26. and written at the end or some other part of the Will (p). XXII. And be it further enacted, That no Will or codicil, No Will re

voked to be reor any part thereof, which shall be in any manner revoked, vived otherwise shall be revived otherwise than by the re-execution thereof, than by re-exe

or or by a codicil executed in manner herein-before required, codicil to re

vive it. and showing an intention to revive the same; and when any Will or codicil which shall be partly revoked, and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention to the contrary shall be shown (q). XXIII. And be it further enacted, That no conveyance A devise not to

be rendered or other Act made or done subsequently to the execution of inoperative by a Will of or relating to any real or personal estate therein any subsequent

conveyance or comprised, except an act by which such Will shall be act. revoked as aforesaid, shall prevent the operation of the Will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by Will at the time of his death (r).

XXIV. And be it further enacted, That every Will shall A Will shall be construed, with reference to the real estate and personal to speak from

be construed estate comprised in it, to speak and take effect as if it had the death of been executed immediately before the death of the testator, unless a contrary intention shall appear by the Will (s). XXV. And be it further enacted, That unless a contrary A residuary

devise shall inintention shall appear by the Will, such real estate or clude estates interest therein as shall be comprised or intended to be comprised in comprised in any devise in such Will contained, which shall void devises. fail or be void by reason of the death of the devisee in the lifetime of the testator, or by reason of such devise being contrary to law or otherwise incapable of taking effect, shall be included in the residuary devise (if any) contained in such Will.

the testator.

(P) See infra, p. 125, et seq. (9) See infra, p. 178, et seq.

(r) See infra, p. 1199.
(8) See infra, p. 192, 1295.

1 Vict. c. 26. XXVI. And be it further enacted, That a devise of the A general land of the testator, or of the land of the testator in any devise of the testator's lands place or in the occupation of any person mentioned in his shall include

Will, or otherwise described in a general manner, and any copyhold and leasehold as other general devise which would describe a customary, well as freehold lands. copyhold, or leasehold estate if the testator had no freehold

estate which could be described by it, shall be construed to include the customary, copyhold, and leasehold estates, of the testator, or his customary, copyhold, and leasehold estates, or any of them, to which such description shall extend, as the case may be, as well as freehold estates,

unless a contrary intention shall appear by the Will. A general gift XXVII. And be it further enacted, That a general devise shall include estates over of the real estate of the testator, or of the real estate of the which the tes

testator in any place or in the occupation of any person mentator has a general power tioned in his Will, or otherwise described in a general manof appointment. ner, shall be construed to include any real estate, or any real

estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the Will; and in like manner a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary

intention shall appear by the Will. A devise with XXVIII. And be it further enacted, That where any real out any words of limitation estate shall be devised to any person without any words of shall be construed to pass limitation, such devise shall be construed to pass the fee the fee. simple, or other the whole estate or interest which the tes

tator had power to dispose of by Will in such real estate,

unless a contrary intention shall appear by the Will. The words XXIX. And be it further enacted, That in any devise or “ die without issue," or "die bequest of real or personal estate the words “die without

issue," or "die without leaving issue," or "have no issue," or 1 Vict. c. 26. any other words which may import either a want or failure without leaving of issue of any person in his lifetime or at the time of his issue,” shall be

construed to death, or an indefinite failure of his issue, shall be construed mean die with

out issue to mean a want or failure of issue in the lifetime or at the living at the

death (t). time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear by the Will, by reason of such person having a prior estate tail, or of a preceding gift, being, without any implication arising from such words, a limitation of an estate tail to such person or issue, or otherwise : Provided, that this Act shall not extend to cases where such words as aforesaid import if no issue described in a preceding gift shall be born, or if there shall be no issue who shall live to attain the age or otherwise answer the description required for obtaining a vested estate by a preceding gift to such issue.

XXX. And be it further enacted, That where any real No devise to estate (other than or not being a presentation to a church) cutors, except

trustees or exeshall be devised to any trustee or executor, such devise shall for a term or a

presentation to be construed to pass the fee simple or other the whole estate a church, shall or interest which the testator had power to dispose of by interest (u). Will in such real estate, unless a definite term of years, absolute or determinable, or an estate of freehold, shall thereby be given to him expressly or by implication.

XXXI. And be it further enacted, That where any real Trustees under estate shall be devised to a trustee, without any express devise, where

an unlimited limitation of the estate to be taken by such trustee, and the the trust may beneficial interest in such real estate, or in the surplus rents the life of a and profits thereof, shall not be given to any person for life, cially entitled or such beneficial interest shall be given to any person for the fee.

for life to take life, but the purposes of the trust may continue beyond the life of such person, such devise shall be construed to vest in such trustee the fee simple, or other the whole legal estate which the testator had power to dispose of by Will in such real estate, and not an estate determinable when the purposes of the trust shall be satisfied.

pass a chattel

person benefi

(t) See infra, p. 995, note (n).

(u) See infra, p. 611,

6

VOL. I.

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