during coverture, it was held that s. 24 did not operate to give effect to the will as to property which it was not in her power to comprise in it at the time it was made, for instance, property coming to her under her husband's will or acquired by her subsequently to his death. Willock v. Noble (1875), 7 H. L. 580.

This disadvantage was not abolished until the passing of the Married Women's Property Act, 1893 (December 5, 1893); see the section quoted above.

We are now in a position to trace the successive stages, remembering that the will under consideration is supposed to have been made during coverture, and not re-executed or re-published after the death of the husband. The question is not "what property is excluded from the operation of the will by reason of the testatrix being a married woman," but "what property can pass by the will in view of that fact.”

I. The position of a woman who married before January 1, 1883 (the date on which the Married Women's Property Act, 1882, came into force).

(a) If she also died before that date, her will can only dispose of property to which she was entitled during coverture to her "separate use," including

that under the Act of 1870.

(b) If she survived that date and died before December 5, 1893, s. 5 of the Act of 1882 applies, and enlarges the sphere of her separate property, so that such a will would dispose of

(i.) Property to which she was entitled during coverture to her "separate use," including that under the Act of 1870.

(ii.) All real and personal property her title to

which, whether vested or contingent and whether in possession, reversion or remainder accrued after January 1, 1883, including any wages, earnings, money and property gained or acquired by her in any employment, trade, or occupation, in which she was engaged, or which she carried on separately from her husband, or by the exercise of any literary, artistic, or scientific skill (s. 5 of the Act of 1882, incorporating by reference the latter part of s. 2).

If the married woman had before January 1, 1883, acquired a title to any property, but not for her "separate use," then, although it fell into possession after that date, it is not within the section, and is not disposed of by her will made during coverture. Reid v. Reid (1886), 31 C. D. 402.

She cannot dispose by her will made during coverture, and not re-executed or re-published afterwards, of property the title to which accrued after the determination of the coverture (e.g., interests under the will of her husband who dies in her lifetime). For, as mentioned above, the Act of 1882 only enlarged the class of "separate estate," and did not enlarge the capacity of a married woman to include in a will made during coverture property which prior to that Act could not have been so included. In re Price (1885), 28 C. D. 709.

(c) If, however, she survived until after December 5, 1893 (when the Act of 1893 came into force), her will, made during coverture and not re-executed or re-published after the death of her husband, would validly dispose of

(i.) Property to which she was entitled before January 1, 1883, to her "separate use,” as in (b) (i.), above.

(ii.) If she survived her husband, choses in action to which she was entitled before January 1, 1883, but not to her "separate use" and which her husband had not "reduced into possession" during his life.

(iii.) Property her title to which accrued after January 1, 1883, as in (b) (ii.), above.

(iv.) Property her title to which accrued after the determination of the coverture.

II. The position of a woman who married after January 1, 1883.

(a) If she died before December 5, 1893, her will made during coverture and not re-executed or re-published after the death of her husband would dispose of—

All real and personal property, which belonged to her at the time of her marriage, or was acquired by or devolved upon her after marriage, including any wages, earnings, money and property gained or acquired by her in any employment, trade, or occupation, in which she was engaged or which she carried on separate from her husband, or by the exercise of any literary, artistic, or scientific skill (s. 2, Act of 1882).

But it would not dispose of any property her title to which accrued after the determination of the coverture. In re Price, ubi supra.

(b) If, however, she survived until December 5, 1893, her will would validly dispose of all her estate whenever acquired.

III. The position of a woman who married after December 5, 1893, is the same as in II. (b), above.

Probate of Married Woman's Will.

Probate of the will of a married woman, or of the will of a widow made during coverture, or letters of administration with the will annexed are now granted in ordinary form; but where a woman was married before January 1, 1883, so that her husband still has a right to his wife's property accrued prior to that date, he may obtain a grant of letters of administration of "all the estate which by law devolves on or vests in the personal representatives of" the wife, save and except such estate as she had a right to dispose of and has disposed of by her will," thus preserving the proper distinction between the property of which she was free to dispose and that of which she was not free to dispose. If he took a grant in ordinary form he might be held to have assented to the disposition of the will, thus defeating his own marital rights. See In the Goods of Leman, [1898] P. 215.

(77)

CHAPTER VII.

ATTESTING WITNESS.

THE Wills Act, s. 14:-If any person who shall attest the execution of a will shall at the time of the execution thereof or at any time afterwards be incompetent to be admitted a witness to prove the execution thereof, such will shall not on that account be invalid.

This section requires no comment; the fact that a person of unsound mind was one of the witnesses will not invalidate the will.

Sect. 15.-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 any 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 utterly null and void, and such person so attesting shall be admitted as a witness to prove the execution of such will, or to prove the validity or invalidity thereof, notwithstanding such devise, legacy, estate, interest, gift, or appointment mentioned in such will.

Sect. 16.-In case by any will any real or personal