15. While a codicil operates to revoke a will so far as it is inconsistent with such will, yet where the terms of the will clearly give an estate, the words of the codicil must manifest an equally clear intent to revoke the provision in the wills.*

(B.) SPECIAL RULES OF CONSTRUCTION.

Sec. 1017. PROVISIONS

CONCERNING

LAND. The following special rules of construction have been formulated and applied to provisions in a will concerning land or real estate:

1. The term "land" or "real estate," when used in a devise, may include leasehold interests, lands held as trustee or mortgagee, lands contracted for, and reversionary interests in lands. Although the early decisions held that a devise of land prima facie passed a life estate only.‡

2. The terms "estate" and "property," though formerly otherwise, now prima facie include both real and personal property.§ But this broader meaning may be restrained by a different intention of the testator appearing in the context.¶

*Viele v. Keeler, 129 N. Y. 190; Sturgis v. Work, 122 Ind. 134.

Watson v. Watson, 110 Mo. 164; Woodman v. Woodman, 89 Me. 128; High's Est., 136 Pa. St. 222; Smith v. Jones, 4 Ohio 116.

Page on Wills, Sec. 482.

Flannery v. Hightower, 97 Ga. 592; Hofius v. Hofius, 92 Pa. St. 305; Taubenhau v. Dunz, 125 Ill. 524; Johnson v. Goss, 128 Mass. 433.

[[Dunham v. Marsh, 52 N. J. Eq. 256; Piersol v. Roop, 56 N. J. Eq. 739; Morgan v. McNeeley, 126 Ind. 537.

3. A devise of a house, mill, factory, store, and the like, prima facie passes not only the building so named, but the land under and adjoining such building, and such other privileges as its beneficial use and enjoyment render necessary."

So a devise of realty by its popular name as "old homestead," "mountain lands," "old mill quarry," and the like, are sufficiently definite and will pass all of the property commonly known by such name.†

4. A devise of the rents and profits, or of the income of land, prima facie passes the land itself, in the absence of anything to indicate a contrary intention.‡ But a devise of the use and occupation of lands does not prima facie require that the devisee shall occupy it in person.

5. A devise of an estate in lands without limitation, formerly carried a life estate only, but now, under the rule that a devise of land prima facie passed all of testator's interest therein, it carries all the estate which the testator has unless the contrary appears.§

6. Words ordinarily used in reference to personal property only, may also pass real estate where such was clearly the intention of the testator; thus the words

*Smith v. Dennis, 163 Ill. 631; McKeough's Est. v. McKeough, 69 Vt. 34.

Moore v. Powell, 95 Va. 258; Horneby v. Davis (Tenn. Ch. App.), 36 S. W. Rep. 159; Beeres v. Narramoore, 61 Conn. 13.

Hunt v. Williams, 126 Ind. 493; Baker v. Scott, 62 П. 86; Collier v. Grimesey, 36 O. S. 17; Ogle v. Reynolds, 75 Md. 145.

§Page on Wills, Sec. 482; Reid v. Walbach, 75 Md. 205.

"money," "effects," "personal effects," "surplus," and the like, have been held to pass real estate where it was clear from the will that this was the intention and desire of the testator.*

7. The testator may also devise property by referring to the source from which it was derived, and where this is done it passes all of such property whatever its form. A devise of land may be made by reference to a plat or lot number,‡ and the devisee takes such land only as is contained in such plat or lot. So a devise by metes and bounds although followed by a statement of the number of acres, passes only the land within such bounds.§

8. The Common Law rule restricting testator from devising by will land to be acquired after its execution has been abrogated by statute in the several States. But it is yet held that the testator must manifest an intention to dispose of after-acquired realty if it is to pass by his will. In some In some jurisdictions the devise is sufficient to pass

such property if it would do so if owned at the time of making the will. Under other

*Adams v. Akerlaund, 160 Ill. 632; White v. Keller, 68 Fed. Rep. 796; Ruckle v. Grafflin, 86 Md. 627; Lamb v. Lamb, 131 N. Y. 227.

Graham v. Knowels, 140 Pa. St. 325; Aydlett v. Small, 115 N. C. 1.

Hospital v. Pa. Co., 158 Pa. St. 447.

§Priest v. Lackey, 140 Ind. 399; Higgins v. Gwenn, 100 Ill. 554; Oldham v. York, 99 Tenn. 68.

Jacob's Est., 140 Pa. St. 268, 11 L. R. A. 767; Hardenbergh v. Ray, 151 U. S. 112; Ruckle v. Grafflin, 86 Md. 627.

statutes the express intention of the testator to pass such property must appear, and the ordinary residuary clause will not answer.*

Sec. 1018.

PROVISIONS

CONCERNING

PERSONAL PROPERTY.-The following are some of the more common special rules of construction concerning personal property.

1. The term "money" prima facie does not include promissory notes, bonds, stocks, mortgages or securities payable in money. It does prima facie include money in bank subject to check and money on special deposits.†

The terms "ready money," "money in hand," and "cash," are terms less comprehensive than "money" alone but "money due me" includes more than the term "money" and may embrace unpaid legacies, life insurance and the like.‡

2. The terms "movables," "goods," "chattels," and "effects" prima facie include all of the testator's personal property of every kind. But this general meaning may be restricted or enlarged by the context. The word "furniture" originally included all chattel property used in connection with a household establishment.§

*Lorillard's Petition, 16 R. I. 254; Webb v. Archibald, 128 Mo. 299.

†Levy's Est., 161 Pa. St. 189; Smith v. Burch, 92 N. Y. 228; Sweet v. Burnett, 136 N. Y. 204; Manning v. Purcell, 7 De Gex M. & G. 55.

Gillen v. Kimball, 34 O. S. 352; Miller's Est., 48 Cal. 165. §Richardson v. Hall, 124 Mass. 228; Field v. Peckett, 29 Beav. 573.

But this meaning has been changed so that the word now includes only the articles known as furniture, such as tables, desks, chairs and the like and would exclude other household goods.*

3. A gift of the "income," "interest," "dividends" or "produce" of a fund, if without limitation as to time, prima facie carries the fund itself. And a bequest of stocks and bonds of a specified kind will pass other stock in the same corporation which the testator had secured by exchanging the bequeathed stock.†

Sec. 1019. PROVISIONS CONCERNING RELATIONSHIP, OR THE DESCRIPTION OF BENEFICIARIES.-The following special rules of construction ordinarily prevail unless changed by the evident intention of the testator appearing in the context, as regards the description of beneficiaries when such description pertains to their relationship to the testator.

1. The word "children," prima facie means legitimate children only.‡ And does not include grandchildren or great-grandchildren unless such a construction is necessary to give the will effect, as where the testator at the execution of the will had no children but had

*Ruffin v. Ruffin, 112 N. C. 102. The word furniture does not include money or books. Smith v. Jewett, 40 N. H. 513; Porter v. Tourney, 3 Ves. Jr. 311.

In re Howell-Shepherd, 3 Ch. 649.

Wylie v. Lockwood, 86 N. Y. 291; McIntosh's Es., 158 Pa. St. 528; Arnold v. Alden, 173 Ill. 329.