Rights of entry, and property acquired after execution of the will. Estates pur autre vie. ditions broken, and other rights of entry; and 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 that he may become entitled to the same subsequently to the execution of his will. 4. (As to the fees and fines payable by devisees of customary and copyhold estates.) 5. (Wills or extracts of wills of customary freeholds and copyholds to be entered on the court rolls; and the lord to be entitled to the same fine, &c., when such estates were not previously devisable as he would have been from the heir in case of descent.) 6. If no disposition by will shall be made of any estate pur 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 should be no special occupant of any estate pur autre vie, whether freehold or customary freehold, tenant-right, customary or copyhold, or of any other tenure. and whether a corporeal or incorporeal hereditament, it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant; and if the same shall come to the executor or administrator either by reason of a special occupancy or by virtue of this Act, it shall be assets in his hands, and shall go and be applied and distributed in the same manner as the personal estate of the testator or intestate. 7. (No will of a person under age valid, p. 30.) 8. (Nor of a feme covert, except such as might have been previously made, p. 66.) 9. (Will to be in writing, and signed or acknowledged in the presence of two witnesses at one time, who attest, p. 6.) 10. (Appointments by will to be executed like other wills, and to be valid, although other required solemnities are not observed, p. 127.) 11. (Soldiers' and mariners' wills excepted, p. 12.) 12. (Replaced by the Navy and Marines (Wills) Acts, p. 13.) 13. Every will required shall be thereof. executed in manner hereinbefore Publication valid without any other publication requisite. 14. (Will not to be void on account of incompetency of attesting witness, p. 77.) 15. (Gifts to an attesting witness to be void, p. 77.) p. 77.) 17. (Executor to be admitted a witness, p. 78.) (Will to be revoked by marriage, p. 32.) not to be 19. No will shall be revoked by any presumption No will to of an intention on the ground of an alteration in circumstances. 20. (No will to be revoked but by another will or codicil, or writing, or by destruction, p. 32.) 21. (No alteration except in certain cases, in a will, shall have any effect, unless executed as a will, p. 43.) 22. (No will revoked to be revived otherwise than by re-execution, or a codicil to revive it, p. 37.) be revoked by presumption. A devise rendered inoperative by any subsequent not to be 23. No conveyance or other act made or done subsequently to the execution of a 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 conveyance 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 death. 24. (A will shall be construed to speak from the death of the testator, p. 80.) 25. (A residuary devise shall include estates comprised in lapsed and void devises, p. 145.) 26. (A general devise of lands shall include copyhold and leasehold as well as freehold lands, p. 147.) 27. (A general gift shall include estates over which the testator has a general power of appointment, p. 128.) 28. Where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass the fee-simple, or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a contrary intention shall appear by the will. or act. A devise without any words of limitation to pass the fee. Nodevise to trustees or execu tors, except for a term or a pre 29. (Words importing failure of issue to mean issue living at the death, p. 315.) 30. Where any real estate (other than and not being a presentation to a church) shall be devised to any trustee or executor, such devise shall be construed to pass the fee-simple or other the whole estate or interest which sentation to the testator had power to dispose of by will in such real estate, unless a definite term of years absolute or determinable, or an estate of freehold, shall thereby be given to him expressly or by implication. a church, shall pass a chattel interest. Trustees under an unlimited devise where the trust may endure beyond the beneficially Act not to extend to wills made before 1838, nor to estates pur autre vie of persons who die before 1838. Act not to extend to Scotland. 31. Where any real estate shall be devised to a trustee, without any express limitation of the estate to be taken by such trustee, and the beneficial interest in such real estate, or in the surplus rents and profits thereof, shall not be given to any person for life, or such beneficial interest shall be given to any person for life, but the purposes of the trust may continue beyond the life of such person, such devise shall be construed to vest in such trustee the ee-simple, or other the whole legal estate which the testator had power to dispose of by will in such real estate, and not an estate determinable when the purposes of the trust shall be satisfied. 32. (Devises of estates tail shall not lapse, when, p. 199.) 33. (Gifts to children or other issue who leave issue living at the testator's death shall not lapse, p. 200.) 34. This Act shall not extend to any will made before the first day of January, 1838, and every will re-executed or re-published, 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, re-published or revived; and this Act shall not extend to any estate pur autre vie of any person who shall die before the first day of January, 1838. 35. This Act shall not extend to Scotland. INDEX. ABSOLUTE GIFT, followed by invalid restriction, 160 ACCUMULATION OF INCOME, 232-237 void as to excess, 233 ultimate limitations not accelerated, 234 destination of income after accumulation cut short, ib. exceptions from Act, 236 for purchase of land only, how far allowed, 237 of income not required for maintenance of infant, 167 ACKNOWLEDGMENT, of signature by testator, 7 how made, 8 "ACTUAL MILITARY SERVICE," when soldier is in, 13 ADEMPTION, of specific legacy, 151, 270 gift by generic description not liable to, 150 presumption of double portions rebutted, 266 not applied to benefit stranger, 268 applies to interests under an intestacy, ib. ADMINISTRATOR. See EXECUTOR. ADVANCE OF “PORTION,” 265 must be ejusdem generis to raise a question of ademption, 268 ALTERATIONS IN WILLS, 43—46 when good, 44 invalid, 45 revocation caused by, ib. AMBIGUITY, what is patent and latent, 120 evidence to explain latent, 121 none to explain patent, 120 AMBIGUOUS DOCUMENT, evidence to prove testamentary intention, 16 ANIMUS REVOCANDI, 32, 33, 34 ANNUITANT, when entitled to capital, 158 entitled to capital after order for abatement, 159 ANNUITY, 157-160 what is, 157 whether perpetual or for life, 157, 158 realty or personalty, 157 charged on corpus, 159 APPOINTMENT, POWER OF, whether exercised by foreign will, 59 foreign will in conformity with the power, 62 when general, 125 special, 126 whether exerciseable by both deed and will, 127 how executed under Wills Act, ib. general power: executed by general gift, 128 by will made before power, 129 failure of appointment under, effect of, 130 |