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 pay able in respect to services in her Majesty's navy (k). not to be XIII. And be it further enacted, That every Will exe- Publication cuted in manner hereinbefore required shall be valid without any other publication thereof. XIV. And be it further enacted, That if any person who shall attest the execution of a Will shall at the time of the execution thereof or at any time afterwards be incompetent 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 attest the execution of any Will to whom or to whose wife 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). Will not to be of incompetency of attesting witness. void on account Gifts to an attesting witness to be void. XVI. And be it further enacted, That in case by any Creditor attesting to be adWill 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. (1) See infra, p. 949, 950. 1 Vict. c. 26. Will to be revoked by marriage. No Will to be revoked by presumption. No Will to be revoked but by another Will or codicil, or by a writing executed like a Will, or by destruction. No alteration in a Will shall unless executed as a Will. 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. XVIII. And be it further enacted, That every Will made 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). XIX. And be it further enacted, That no Will shall be revoked by any presumption of an intention on the ground of an alteration in circumstances (n). XX. And be it further enacted, That no Will or codicil or any part thereof, shall be revoked otherwise than as aforesaid, or by another Will or codicil executed in manner hereinbefore required, or by some writing declaring an 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). XXI. And be it further enacted, That no obliteration, have any effect interlineation, or other alteration made in any Will, after the execution thereof shall be valid or have any effect, 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 (m) See infra, p. 175. (n) See infra, p. 175, et seq. (o) See infra, p. 111, et seq. No Will re voked to be re vived otherwise than by re-execodicil to re cution or a vive it. 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, or any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution thereof, or by a codicil executed in manner herein-before required, 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). be rendered XXIII. And be it further enacted, That no conveyance A devise not to or other Act made or done subsequently to the execution of inoperative by conveyance or a Will of or relating to any real or personal estate therein any subsequent 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). be construed the testator. 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 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 intention shall appear by the Will, such real estate or clude estates interest therein as shall be comprised or intended to be lapsed and comprised in any fail or be void by devise in such Will contained, which shall devise shall in comprised in void devises. 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. (p) See infra, p. 125, et seq. (9) See infra, p. 178, et seq. (r) See infra, p. 1199. 1 Vict. c. 26. A general devise of the testator's lands shall include copyhold and leasehold as well as freehold lands. A general gift shall include estates over which the testator has a general power of appointment. A devise with out any words of limitation shall be construed to pass the fee. XXVI. And be it further enacted, That a devise of the land of the testator, or of the land of the testator in any place or in the occupation of any person mentioned in his Will, or otherwise described in a general manner, and any other general devise which would describe a customary, 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. XXVII. And be it further enacted, That a general devise of the real estate of the testator, or of the real estate of the testator in any place or in the occupation of any person mentioned in his Will, or otherwise described in a general manner, 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. XXVIII. And be it further enacted, That where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass the fee simple, or other the whole estate or interest which the testator had power to dispose of by Will in such real estate, unless a contrary intention shall appear by the Will. XXIX. And be it further enacted, That in any devise or issue," or "die bequest of real or personal estate the words "die without The words "die without have no issue," or 1 Vict. c. 26. issue," or "die without leaving issue," or XXX. And be it further enacted, That where any real estate (other than or not being a presentation to a church) shall be devised to any trustee or executor, such devise shall be construed to pass the fee simple or other the whole estate or interest which the testator had power to dispose of by 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 estate shall be devised to a trustee, without any express limitation of the estate to be taken by such trustee, and the beneficial interest in such real estate, or in the surplus rents and profits thereof, shall not be given to any person for life, or such beneficial interest shall be given to any person for 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 poses of the trust shall be satisfied. (t) See infra, p. 995, note (n). VOL. I. (u) See infra, p. 611. b pur without leaving issue," shall be construed to mean die with out issue living at the death (t). No devise to cutors, except for a term or a presentation to a church, shall pass a chattel interest (u). trustees or exe Trustees under an' unlimited devise, where the trust may endure beyond the life of a person benefi cially entitled for life to take the fee. |