Commentaries on American Law

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ... declared at the time as part of the act of destruction or revocation. It is declared, that no bond or agreement, made by a testator, for a valuable consideration, to convey any property previously devised or bequeathed, shall be deemed a revocation of the will, either in law or in equity; but the property passes by the will, subject to the same remedies for a specific performance against the devisee or legatee, as might be had against the heir or next of kin, if the property had descended. So, a charge or encumbrance upon any estate, for securing the payment of money, or the performance of covenants, shall not be deemed a revocation of any will previously executed; but the devise or legacy takes effect, subject to the charge or encumbrance. Alterations in the Estate. Nor shall any conveyance, settlement, deed, or other act of the testator, by which his estate or interest in property previously bequeathed shall be altered, but not wholly divested, be deemed a revocation; and the same estate or interest shall pass by the will; unless in the instrument making the alteration, the intention thereby to revoke shall be declared. If, however, the provisions of the instrument making the alteration be inconsistent with the terms and nature of the previous will, the instrument shall operate as a revocation, unless the provisions therein depend on a condition or contingency which has failed. Disclaimer and Renunciation of a Devise. An estate vests, under a devise, on the death of the testator, before entry. But a devisee is not bound to accept the gift, but may renounce it, by which act the estate will descend to the heir. The disclaimer and renunciation must be by some unequivocal act. It is undecided whether a verbal disclaimer will suffice. A...