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made assets in his hands, shall, by reason of any pleading or judgment, be chargeable to pay the condemnation out of his own estate ; the execution shall be issued against the estate so made assets, in whose hands soever it shall come after the writ issued, in the same manner as by the common law.
Section. 1 What property may be disposed 19 When Will shall take effect. of by Will.
20 When residuary devise shall in2 Estates per autre vie.
clude lapse i devises. 3 Wills of persons under age not 21 What a general devise of land invalid.
cludes. 4 Of married women not valid ; ex. 22 What a general gilt includes. ception.
23 What devise without limitation 5 Number of witnesses requisite. shall pass. 6 Appointments.
24 Construction of words “die with 7 Wills of soldiers and mariners. out issue," &c. 8 Publication, when not necessary, 25 When devise to Executors or 9 Effect of Will, although witness Trustees of fee shall be whole incompetent.
estate. 10 Devise, &c. to attesting witness, 26 Trustees under unlimited devise, effect of .
how to take. 11 When creditor attesting may be 27 When devise of estates tail shall witness.
not lapse. 12 Executor not incompetent. 28 What gifts to children shall not 13 When Will revoked.
lapse. 14 Not revoked by presumption. 29 Power of married woman separ. 15 Only to be revoked as aforesaid or a ted from her husband to make by another Will.
Will. 16 Alteration, &c., when valid. 30 Married woman may make Will 17 How revoked Will may be revived with consent of her husband. 18 When devise not inoperative. 31 Construction of terms.
1. Every person may dispose of by his Will, executed in manner hereafter required, all real and personal estate which he shall be entitled to at law or in equity at the time of his death, and which, if not so disposed of, would devolre apon his heir, child, or next of kin, or upon his representatives; and the power hereby given shall extend to estates per autre vie, whether or not there shall be any special occupant there. of, and whether the same shall be a corporeal or incorporeal hereditament, and also to all contingent, executory or other future interests in any real or personal estates, whether the testator may or rot be ascertained as the person, or one of the persons, in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created, or
under any disposition thereof, by Deed or Will, and also to all rights of entry for conditions broken, and other rights of entry; aud also to such of the same estates, interests and rights respectively, and other real and personal estate, as the testator may be entitled to at the time of his death, notwithstanding he may become entitled to the same subsequently to the execution of his Will.
2. If no disposition by Will be made of any estate per autre vie of a freehold nature, the same shall be chargeable in the hands of the heir, if it shall come to him by reason of special occupancy, as assets by descent, as in the case of freehold land in fee simple; and in case there shall be no special occupant of any estate per autre vie, whethera corporeal or incorporeal hereditament, it shall go to the representatives of the party that had the estate thereof by virtue of the grant, and if the same shall come to them either by reason of a special occupancy, or by virtue hereof, it shall be assets in their hands, and be applied and distributed in the same manner as the personal estate of the testator or intestate.
3. No will made by any person under the age of twenty one years shall be valid.
4. No Will made by any married woman shall be valid, except such a Will as might have been made by a married woman before the passing of this Chapter, or as hereinafter provided.
5. No Will shall be valid unless it shall be in writing, and executed in manner hereinafter mentioned, that is to say—It shall be signed at the foot or end thereof by the testator, or hy some other person in his presence, and by his direction ; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and subscribe the Will in the presence of the testator, and in presence of each other; but any Will, although not signed at the foot or end thereof, shall be valid if it be apparent from the Will and position of the signature, or from the evidence of the witnesses thereto, that the same was intended by the testator to be his last Will; but no form of attestation shall be necessary.
6. No appointment made by Willin exercise of any power shall be valid, unless the same be executed in manner hercinbefore required ; and every Will so executed shall, so far as respects the execution and attestation thereof, be a ralid execution of a power of appointment by Will, notwithstanding it shall have been expressly required that a Will made in exercise of such powers shall be executed with some additional or other form of execution or solemnity; but any soldier being in actual military service, or any mariner or seamau being at sea, may dispose of his personal estate as he might have done heretofore.
7. This Chapter shall not prejudice or affect any of the provisions of an Act of the Imperial Parliament passed in the eleventh year of the Reign of King George the Fourth, and in the first year of King William the Fourth, intituled An Act to amend and consolidate the Laws relating to the pay of the Royal Navy, respecting the wills of petty officers and seamen in the Royal Navy, and non-commissioned officers of Marines, so far as relates to their wages, pay, prize money, bounty money, and allowances, or other moneys payable in respect of services in Her Majesty's Navy.
8. Every Will executed in manner hereinbefore required, shall be valid without any other publication.
9. If any person who shall attest the execution of a Will shall, at that time, or at any time afterwards, be incompetent to be admitted a witness to prore the execution thereof, such Will shall not on that account be invalid.
10. 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 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 void ; and such person so attesting,shall be admitted as a witness to prove the execution of such Will, the validity or invalidity thereof; prvioded that when there are, exclusive of any witness so as abore interested, two witnesses to the execution of a Will, to whom, or to whose wives or husbands, there is no devise, legacy,estate, interest, gift, or appointment, as aforesaid, no person, nor the wife or husband of such person, shall be excluded from taking under any Will which may have been proved by the two witnesses not interested thereunder as last mentioned.
11. Ifby a Will any real or personal estate shall be charged with any debt or debts, and any creditor, or the wife or hus. band of 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, the ralidity or invalidity thereof.
12. No person shall, on account of his being an erecutor of a Will, be incompetent as a witness to prove the execu. tion, the validity or invalidity thereof.
13. Every Will made by a mau or woman,shall be revoked by his or her marriage, 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, child, next of kin, or representative.
14. No Will shall be revoked by any presumption growing out of an alteration in circumstances.
15. No Will, or Codicil, or any part of either, shall be revoked otherwise than as aforesaid, or by another Will or Codicil, executed in any mauner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner hereby already required, 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.
16. No obliteration,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 herein before is required for the execution of the Will; but the Will with such alteration as a part thereof shall be deemed to be duly executed, if the signature of the testator, and the subscription of the witness, be made in the margin, or on some part of the Will opposite or near to such alteration, or at the foot or end of, or opposite to a memorandum referring to such alteration, and written at the end or some other part of the Will.
17. 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 the manner herein before required, and shewing an intention to revive the same; and when any Willor 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 be shewn.
18. No conveyance or other act made after the execution of the Will, of or relating to any real or personal estate therein comprised, except an act by which such Will shall be 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 deaih.
19. Every Will shall be construed with reference to the real or personal estate comprised therein, as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the Will.
20. Unless a contrary intention appear by the Will, such real estate, or interest therein, as shall be comprised or intended so to be, in any derise in such Will contained, which shall fail or be void by reason of the death of the devisee in the life time 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.
21. A devise of land of the testator, or of his land in any place, or in the occupation of any person mentioned in his Will,or described in a general manner, and any other general devise which would describe a leasehold estate, if the testator had no freehold estate which could be described by it, shall be construed to include the leasehold estates of the testator to which such description shall extend, as well as freehold estates, unless a contrary intention shall appear by the Will.
22. A general devise of the real estate of the testator,or of his real estate 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 shallextend (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