1 Vict. c. 26. Devises of estates tail shall not lapse. Gifts to children or other issue who leave issue living at the testator's death shall not lapse. Act not to extend to Wills made before 1838 (y), nor to estates pur autre vie of persons who die before 1838. Act not to extend to Scotland. Act may be altered this session. XXXII. And be it further enacted, That where any person to whom any real estate shall be devised for an estate tail or an estate in quasi entail shall die in the lifetime of the testator leaving issue who would be inheritable under such entail, and any such issue shall be living at the time of the death of the testator, such devise shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the Will. XXXIII. And be it further enacted, That where any person being a child or other issue of the testator to whom any real or personal estate shall be devised or bequeathed for any estate or interest not determinable at or before the death of such person shall die in the lifetime of the testator leaving issue, and any such issue of such person shall be living at the time of the death of the testator, such devise or bequest shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the Will (x). XXXIV. And be it further enacted, That this Act shall not extend to any Will made before the first day of January, one thousand eight hundred and thirty-eight, and that every Will re-executed or republished, or revived by any codicil, shall for the purposes of this Act be deemed to have been made at the time at which the same shall be so re-executed, republished, or revived; and that this Act shall not extend to any estate pur autre vie of any person who shall die before the first day of January, one thousand eight hundred and thirty-eight. XXXV. And be it further enacted, That this Act shall not extend to Scotland. XXXVI. And be it enacted, That this Act may be amended, altered, or repealed by any act or acts to be passed in this present session of Parliament. (x) See infra, p. 1097, et seq. (y) See infra, p. 112, 176, 188. TABLE OF CONTENTS. 1 SECT. 5. Of the Materials with which a Will may be written, SECT. 1.-Revocation by Destruction, Burning, Tearing, Can- cellation, or Obliteration. SECT. 2.-Revocation by a subsequent Testamentary Disposition. SECT. 5.-Revocation by Marriage or other change of circum- CHAPTER IV.-Of the Republication of Wills. p. 178. PART I. BOOK III. CHAPTER III.-In what ways the Appointment of Exe- cutors may be qualified. p. 217. CHAPTER IV.-In what cases the appointed Executor may transmit his Appointment. p. 222. CHAPTER I.-Of the necessity of obtaining Probate in the Ecclesiastical Court: and therewith of the CHAPTER II.-In which of the Ecclesiastical Courts the Will is to be proved; and herewith of Bona SECT. 1.-By whom the Will should be proved; and herewith SECT. 6. Of the Probate of Wills of Foreigners, &c., and of British Subjects domiciled out of the Jurisdiction SECT. 7.-Practice of the Spiritual Court in certain other Par- PART I. BOOK V. OF THE ORIGIN OF ADMINISTRATION; AND OF THE APPOINTMENT OF ADMINISTRATORS. CHAPTER I.-In what Court Administration must be taken out; and therewith of what may be done by the Administrator before Letters of Administration SECT. 1.-In what Court the Letters of Administration shall be SECT. 2.-What may be done by an Administrator before Letters of Administration are granted. p. 353. CHAPTER II.—Of the grant of general original Adminis- |