Imágenes de páginas
PDF
EPUB

present time, and to exhibit the nature and extent of the alteration made by this Act.

The Act had passed the House of Lords, and received, in its principle, the sanction of the House of Commons, when Her Majesty ascended the throne. No alteration has since been made in its details. It may therefore be said to be one, and certainly not the least valuable, of those important reforms in the law which distinguish the reign of William the Fourth.

London, July, 1837.

THE ACT

FOR

THE AMENDMENT

OF THE

LAW OF WILLS.

1 Vic. c. 26. An Act for the Amendment of the Laws with respect to Wills.

[3d July, 1837.] Be it enacted by the Queen's most ex- Meaning of cellent majesty, by and with the ad- words in vice and consent of the lords spiritual this Act; and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this act, except where the nature of the provision or the context of the act shall exclude such construction, be interpreted as follows; (that is to say,) the word “will” shall“ Willi" extend to a testament, and to a codicil, and to an appointment by will or by writing in the nature of a will in ex

B

c. 24,

14 & 15

ercise of a power, and also to a dispo, sition by will and testament or devise of the custody and tuition of any child, by virtue of an act passed in the twelfth

year of the reign of King Charles the 12 Car. 2, Second, intituled An Act for taking

away the Court of Wards and Liveries, and Tenures in capite and by Knights Revenue upon his Majesty in lieu thereof, Service, and Purveyance, and for cInights or by virtue of an act passed in the parliament of Ireland in the fourteenth and fifteenth years of the reign of King

Charles the Second, intituled An Act Car. 2, (1.) for taking away the Court of Wards and

Liveries, and Tenures in capite and by Knights Service, and to any other testamentary disposition; and the words “ real estate” shall extend to manors, advowsons, messuages, lands, tithes, rents, and hereditaments, whether freehold, customary freehold, tenant right, customary or copyhold, or of any

other tenure, and whether corporeal, incorporeal, or personal, and to any undivided share thereof, and to any estate, right,

or interest (other than a chattel interest) Personal therein; and the words “personal es

tate” shall extend to leasehold estates and other chattels real, and also to monies, shares of government and other

« Real es

tale :"

estate :'

the statutes

funds, securities for money (not being real estates), debts, choses in action, rights, credits, goods, and all other property whatsoever which by law devolves upon the executor or administrator, and to any share or interest therein; and every word importing the singular num- Number: ber only shall extend and be applied to several persons or things as well as one person or thing; and every word importing the masculine gender only shall Gender. extend and be applied to a female as well as a male.

II. And be it further enacted, that Repeal of an act passed in the thirty-second year of Wills, 32 of the reign of King Henry the Eighth, H.8.c.1; intituled The Act of Wills, Wards, and 1.8, c. 5. Primer Seisins, whereby a Man muy devise Two parts of his Land ; and also an act passed in the thirty-fourth and thirtyfifth years of the reign of the said King Henry the Eighth, intituled The Bill concerning the Explanation of Wills; and also an act passed in the parliament of Ireland, in the tenth year of the reign of King Charles the First, intituled An 10 Car. 1. Act how Lands, Tenements, &c. may be Sess. 2, c.

2) disposed by Will or otherwise, and concerning Wards and Primer Seisins; and Sec. 5, 6, also so much of an act passed in the 19: 19,20, twenty-ninth year of the reign of King of the Sta

c. 24.

14 & 15

ercise of a power, and also to a dispo sition by will and testament or devise of the custody and tuition of any child, by virtue of an act passed in the twelfth

year of the reign of King Charles the 12 Car. 2, Second, intituled An Act for taking

away the Court of Wards and Liveries, and Tenures in capite and by Knights Service, and Purveyance, and for settling a Revenue upon his Majesty in lieu thereof, or by virtue of an act passed in the parliament of Ireland in the fourteenth and fifteenth years of the reign of King

Charles the Second, intituled An Act Car. 2, (1.) for taking away the Court of Wards and

Liveries, and Tenures in capite and by
Knights Service, and to any other tes-

tamentary disposition ; and the words “ Real es- “ real estate" shall extend to manors,

advowsons, messuages, lands, tithes, rents, and hereditaments, whether freehold, customary freehold, tenant right, customary or copyhold, or of

any

other tenure, and whether corporeal, incorporeal, or personal, and to any undivided share thereof, and to any estate, right,

or interest (other than a chattel interest) " Personal therein; and the words “ personal es

tate" shall extend to leasehold estates and other chattels real, and also to monies, shares of government and other

وو

tale :"

estate :"

« AnteriorContinuar »