shall be proved that the testator, at the time of pronouncing the bequest, did bid 8 April 1838 § 7. the persons present, or some of them, to bear witness that such was his will, or to that effect; and in all cases, the foregoing requisites shall be proved by two or more witnesses, who were present at the making of such will. (h)

10. Provided, That notwithstanding this act, any mariner being at sea, (i) or any soldier being in actual military service, (k) may dispose of his movables, wages and Mariners and personal estate, as he might have done before the making of this act.

11. All devises of real estate shall pass the whole estate of the testator in the premises devised, although there be no words of inheritance or of perpetuity, unless it appear by a devise over, or by words of limitation, or otherwise, in the will, that the testator intended to devise a less estate.

12. The real estate acquired by a testator after making his will, shall pass by a general devise, unless a contrary intention be manifest on the face of the will.(1) 13. A devise or bequest by a husband to his wife of any portion of his estate or property, shall be deemed and taken to be in lieu and bar of her dower in the estate of such testator, in like manner as if it were so expressed in the will, unless Devise to widow to such testator shall in his will declare otherwise: Provided, That nothing herein Widow may elect contained shall deprive the widow of her choice, either of dower, or of the estate or to take her dower. property so devised or bequeathed.(m)

14. The 11th section of the act of 8th April 1833, entitled "An act relating to 11 April 1848 § 11. last wills and testaments," shall not be construed to deprive the widow of the testator, in case she elects not to take under the last will and testament of her And her share of husband, of her share of the personal estate of her husband under the intestate the personalty unlaws of this commonwealth; but the said widow may take her choice, either of the laws. bequest or devise made to her under any last will and testament, or of her share of the personal estate under the intestate laws aforesaid. (n)

15. No devise or legacy in favor of a child or other lineal descendant of any testator, shall be deemed or held to lapse, or become void, by reason of the decease of such devisee or legatee, in the lifetime of the testator, if such devisee or legatee Devise or legacy in shall leave issue surviving the testator; but such devise or legacy shall be good scendant not to and available in favor of such surviving issue, with like effect as if such devisee or lapse by death. legatee had survived the testator, saving always to every testator the right to direct otherwise.(0)

16. No devise or legacy hereafter made in favor of a brother or sister, (p) or the 6 May 1844 § 2. children of a deceased brother or sister of any testator, such testator not leaving any lineal descendants, shall be deemed or held to lapse, or become void by reason Nor in favor of of the decease of such devisee or legatee, in the lifetime of the testator, if such brothers or sisters, devisee or legatee shall leave issue surviving the testator; but such devise or in certain cases. legacy shall be good and available in favor of such surviving issue, with like effect as if such devisee or legatee had survived the testator, saving always to every testator the right to direct otherwise. (q)

17. No will in writing concerning any real estate shall be repealed, nor shall 8 April 1833 § 13. any devise or direction therein be altered, otherwise than by some other will(r) or

P. L. 250.

8 April 1883 § 13. codicil(s) in writing, or other writing(1) declaring the same, executed and proved in the same manner as is herein before provided, (u) or by burning, cancelling(v) or obliterating or destroying the same by the testator himself, or by some one in his presence, and by his express direction. (w)

How will may be revoked as to real estate.

Ibid. § 14.

And as to personalty.

Ibid. § 15.

Effect of subse

birth of children.

18. No will in writing concerning any personal estate shall be repealed, nor shall any bequest or direction therein be altered, otherwise than as is hereinbefore provided in the case of real estate, except by a nuncupative will, made under the circumstances aforesaid, and also committed to writing in the lifetime of the testator, and after the writing thereof, read to or by him, and allowed by him, and proved to be so done by two or more witnesses.

19. When any person shall make his last will and testament, and afterwards shall marry or have a child or children not provided for(x) in such will, and die, quent marriage or leaving a widow and child, or either a widow or child or children, although such child or children be born after the death of their father, every such person, so far as shall regard the widow, or child or children after-born, shall be deemed and construed to die intestate; and such widow, child or children, shall be entitled to such purparts, shares and dividends of the estate, real and personal, of the deceased, as if he had actually died without any will.(y)

Ibid. § 16.

Ibid. § 17.

4 May 1855 § 1. P. L. 430.

Restriction on the power of a married

woman to devise her property.

Husband may elect

to take under the

intestate laws.

26 April 1355 § 11. P. L. 332.

20. A will executed by a single woman shall be deemed revoked by her subsequent marriage, and shall not be revived by the death of her husband.(z)

21. Provided, That nothing in this act contained shall be construed to apply to the disposition of personal estate by a testator whose domicil is out of this commonwealth. (a)

22. The power of any married woman to bequeath or devise her property, by will, shall be restricted, as regards the husband, to the same extent as the husband's power so to dispose of his property is restricted, as regards the wife, namely: so that any surviving husband may, against her will, elect to take such share and interest in her real and personal estate as she can, when surviving, elect to take against his will in his estates, or otherwise to take only her real estate as tenant by the curtesy: Provided, That nothing herein contained shall affect the right or power of the wife, by virtue of any authority or appointment contained in any deed or will, to grant, bequeath (or) devise as heretofore, any property held in trust for her sole and separate use.

23. No estate, real or personal, shall hereafter be bequeathed, devised or conveyed to any body politic, or to any person, in trust for religious or charitable Bequest to charity uses, except the same be done by deed or will, attested by two credible, and at within one month the time, disinterested witnesses, at least one calendar month before the decease of donor's decease of the testator or alienor; and all dispositions of property contrary hereto, shall be void, and go to the residuary legatee or devisee, next of kin, or heirs, according to law (b) Provided, That any disposition of property within said period, bonâ fide made for a valuable consideration, shall not be hereby avoided.

to be void.

26 Ibid. 202, 208. Wallace v. Blair, 1 Gr. 75. Rankin v. Rankin, 5 W. N. C. 127. Rankin's Estate, 4 Ibid. 203. Broe v. Boyle, 32 Pitts. L. J. 265. The will of a married woman can only be republished, by a declaration made in the presence of two witnesses, the instrument being produced and referred to, at the time of the republication. Fransen's Will, 26 P. S. 202. After an executor has settled his accounts and been discharged, the register has no power to receive proof of the republication of the will, in order to bring within its operation, real estate acquired after its date and before the republication. Shields's Appeal, 20 P. S. 291.

(s) A codicil republishes the will, and revokes an intermediate will. Neff's Appeal, 48 Penn. 501. Eastwick's Estate, 8 W. N. C. 503.

(t) Such other writing need not be proved before the register, to operate as a revocation. Rudy v. Ulrich, 69 P. S. 177.

(u) See Smith's Will, 9 Phila. 362.

(v) Writing the word "obsolete" in the margin of his will, by the testator, is not a revocation. Lewis v. Lewis, 2 W. & S. 455. But if a will be found in the private desk of the testator, with the signature obliterated, the presumption is that it was done by himself; and it amounts to a revocation. Baptist Church v. Robbarts, 2 P. S. 110. Cook's Will, 5 Clark 1. And see Evans's Appeal, 58 P. S. 238; s. c. 24 L. I. 5. Linnard's Appeal, 93 P. S. 313. Fuguet's Will, 11 Phila. 75. Foster's Appeal, 87 P. S. 67; s. c. 13 Phila. 567. See Shipler's Appeal, 3 Penny. 272.

(w) A subsequent ratification is not enough. Clingan v. Mitcheltree, 31 P. S. 25. If a testator, after making his will, sell, previously to his death, so great a part of the real estate devised, as to render it impossible to give effect to the dispositions of his will, it amounts to a revocation of it. Cooper's Appeal, 4 P. S. 88.

But if sufficient be left to carry his intention into effect, a sale of land devised operates as a revocation only pro tanto. Cooper's Appeal, 4 P. S. 91. Flintham v. Bradford, 10 Ibíd. 83. Marshall v. Marshall, 11 Ibid. 430. And see Young's Appeal, 39 Ibid. 115.

(x) See Willard's Estate, 68 P. S. 327. Squire's Estate, 11 Phila. 110. Grosvenor v. Fogg, 81 P. S. 400.

(y) The statutory rules, in Pennsylvania, as to the revocation of wills, by marriage and the birth of children, are as follows:

(1.) The will of a single woman is revoked by her subsequent marriage, and is not revived by the death of her husband.

(2.) If a man make his will and marry, and die leaving a widow, so far as regards the widow, he dies intestate; that is, his will is revoked pro tanto.

(3.) If a man make his will, and have an after-born child or children, not provided for in such will, and die leaving such after-born child or children, so far as regards such child or children, he dies intestate, and his will is revoked pro tanto.

(4.) If a man make his will and marry, and die leaving a widow and child, not provided for in such will, his will is not revoked absolutely, as at common law, but only pro tanto.

(5.) If a man make his will, marry and die, leaving a widow, but no known heirs or kindred, it is clearly revoked, so far as to give to his widow, both the real and personal estate absolutely. Walker v. Hall, 34 P. S. 483. See Coates v. Hughes, 3 Binn. 498. Edwards's Appeal, 47 P. S. 144. Hollingsworth's Appeal, 51 Ibid. 518.

(z) This is not repealed by the act of 1848. Fransen's Will, 26 P. S. 202.

(a) See Flannery's Will, 24 P. S. 502.
(b) See Price v. Maxwell, 28 P. S. 23.
Wade, 41 Ibid. 266. This act does not

McLean v. apply to a

24. Every will shall be construed with reference to the real estate and personal 4 June 1879 § 1. estate comprised in it, to speak and take effect as if it had been executed imme- P. L. 88. diately before the death of the testator, unless a contrary intention shall appear of the death of the Wills to speak as by the will. (c)

testator.

Ibid. § 2.

devises to fall into

25. Unless a contrary intention shall appear by the will, such real estate or interest therein as shall be comprised or intended to be comprised in any devise in such will contained, which shall fail or be void by reason of the death of the Lapsed and void devisee in the lifetime of the testator, or by reason of such devise being contrary the residue. to law, or otherwise incapable of taking effect, shall be included in the residuary devise, if any, contained in such will. (d)

Ibid. §3.

26. A general devise of the real estate of the testator, or of the real estate of the testator in any place or in the occupation of any person mentioned in his will, Execution of testaor otherwise described in a general manner, shall be construed to include any real mentary powers. estate, or any real estate to which such description shall extend, 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 such power, unless a contrary intention shall appear by the will; and in like manner a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which such description shall extend, 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 such power, unless a contrary intention shall appear by the will.(e)

27. This act shall operate upon and go into effect as to the wills of all persons who shall die after the date of this act.

Ibid. § 4.

WITNESSES.

See ACTIONS PERSONAL; COMMISSIONERS TO TAKE TESTIMONY; CRIMES; EVIDENCE; FEES; OATHS AND AFFIRMATIONS.

1. Legislature may issue subpoenas for witnesses. And attach them for contempt.

2. To be confined until meeting of next legislature. 3. Penalty for refusal to appear before a legislative committee.

4. Subpoena to appear before councils or their committees, in cities of the first class.

5. Examination of such witnesses.

6. Refusal to appear and testify. Rule for attachment.

7. Witnesses not to be excused from testifying.
8. Failure to appear and testify to be a misde-

meanor.

9. Councils may issue subpoenas. Refusal of witness. Order to testify.

10. Witnesses not to be excused from testifying.

13 June 1842. P. L. 491.

witnesses.

1. Each branch of the legislature shall have the power to issue their subpoena, as heretofore practised, into any part of the commonwealth, and by attachment to compel the attendance of all persons summoned as witnesses; and in case any Legislature may witness brought to the bar of either house, shall refuse to be sworn or affirmed, issue subpoenas for or having been sworn or affirmed, shall refuse to render an answer to all legal questions duly propounded, the speaker of the house before which such refusal And attack them for contempt. shall be made, shall have full power, by the direction of the said house, to issue to the sergeant-at-arms, a warrant of commitment to the prison of Dauphin county, the inspectors and keepers whereof are hereby authorized and required to receive and confine such delinquent so committed, until discharged in due course; and the expense of such imprisonment shall be paid out of any money in the state treasury not otherwise appropriated.

legislature.

2. If any such person so committed to prison, shall persist in his refusal to To be confined unswear or affirm, or being sworn or affirmed, shall still, on being brought before til meeting of next such house, from the prison, refuse to testify, such house may make a further order for the detention of such delinquent in said prison, until the next succeeding legislature shall have met, and until the proper house succeeding the one which ordered the commitment originally, shall make an order for his further detention or discharge, as to them shall seem expedient.

will executed before its passage. Mitchell v. Taylor, 25 L. I. 317. And see fit. "Charities." Where an organization does not claim to be Christian, but represents the belief of its members upon the subject of religion and the Sabbath, a bequest to such organization is for a religious or charitable use within this act. Knight's Estate, 34 W. N. C. 6.

(e) This does not create a disposing power in the testator, just before his death, which he did not possess when he executed the will. Neale's Appeal, 104 P. S. 214. This act does not alter the rule that the birth of a posthumous child revokes a will pro tanto. McCallion's Estate, 3 Del. 529.

(d) This has no application to lapsed shares of the residuary devise. Everman v. Everman, 15 W. N. C. 417. Under a will taking effect before this act, lapsed and void legacies passed under the intestate laws, unless the intention to give them to the residuary legatee was clearly expressed. Mitcheson's Estate, 5 C. C. 99.

(e) This section applies to all cases where the testator died after the date of its passage. 109 P. S. 447. A widow electing against her husband's will cannot use it for the execution of certain powers of appointment contained therein. Lines v. Lines, 2

Northam. 349.

to appear before

14 March 1872 § 1. 3. Any person or persons who shall wilfully neglect or refuse to appear and P. L. 25. testify before any committee of either branch of the legislature of this state, or Penalty for refusal before any joint committee thereof, after he, she or they shall have been duly served with a subpoena to so appear, and any person or persons who is, or shall be in contempt, by reason of any such neglect or refusal so to appear and testify, or either, shall be held and deemed to be guilty of a misdemeanor, and on conviction thereof, shall be punished by imprisonment not exceeding six months, and by fine not exceeding one thousand dollars, or either, at the discretion of the court trying the same.

legislative committees.

17 May 1883 § 1. P. L. 32.

Subpoena to appear

before councils or their committees

in cities of the first

class.

Ibid.

Examination of such witnesses.

Ibid. § 2.

and testify.

4. It shall be lawful for the councils of cities of the first class, or any committee of the same or either branch thereof, to apply to any judge of the court of common pleas of the county in which said cities are situated, who may, upon affidavit of proper and sufficient cause being made, issue subpoenas in the name of the commonwealth of Pennsylvania, to any person or persons residing in said commonwealth, to appear before such councils or either branch thereof, or any committee of the same, as witness to testify their knowledge concerning any matters of inquiry which may be required of them relating to the management and accounts of any of the departments of such cities, or of any other matters which may be subject to the supervision of the councils, or either branch thereof; and, also, whenever it may be deemed necessary, to produce any books and paper writings, in the possession or control of such person or persons, as may contain evidence pertinent to such inquiries.

5. Any person so called as a witness may be examined under oath and shall be liable to indictment, conviction and punishment for perjury in the same manner and to the same extent as if the witness had been called and examined before any committee of the legislature of this commonwealth, or in any judicial proceeding before any of the courts thereof, in accordance with existing laws: Provided, That the person or persons outside of cities of the first class, subpoenaed as aforesaid, shall not be required to respond to the same until they have been furnished with mileage to and from said city, at the rate of ten cents per mile and a per diem allowance of two dollars for the time their presence is desired in said city.

6. If any person or persons shall wilfully neglect or refuse to appear, or having appeared shall refuse to testify, or to produce any books or paper writings, in his, Refusal to appear her or their possession, or before either branch of the councils of cities of the first class, or any committee of either branch of the same, or before any joint committee thereof, after he, she or they shall have been duly served with a subpoena requir ing him, her or them so to do, it shall be lawful for such councils or any committee thereof, through its chairman or presiding officer, to present a petition to the court of common pleas of the county wherein such person or persons reside, setting forth the fact of the service of such subpoena and of the refusal to testify in obedience thereto, and the questions it is proposed to propound, and thereupon the court shall grant a rule upon the person or persons referred to, to show cause why an attachment should not issue against him, her or them for contempt; and upon the return of the rule, if no sufficient cause be shown to the contrary, an attachment shall issue as prayed for in the petition according to the practice of such court in like cases of contempt for disobedience of its process: Provided, That in rendering judgment the court shall have regard as well as to the pertinency and propriety of such questions, as to the regulating of the subpoena and the service thereof.

Rule for attachment.

Ibid. § 3.

Witnesses not to be excused from testifying.

Ibid. § 4.

Failure to appear and testify to be a misdemeanor.

1 June 1885, art. 15, § 1. P. L. 52.

7. No witness shall be excused from testifying in any investigation or inquiry before either branch of the councils, or any committee thereof, touching his knowledge of any offence under investigation by said branch of the councils or committee thereof, but such testimony shall not be used against him in any criminal prosecution whatever.(g)

8. Any person or persons who are or shall be in contempt by reason of failure or refusal to so appear to testify, shall be held and deemed to be guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment not exceeding six months, and by fine not exceeding one thousand dollars, or either, at the discretion of the courts trying the same.

9. Each branch of councils shall have power to compel the attendance of witnesses and the production of books, papers and other evidence, at any meeting of Councils may issue the body, or of any committee thereof, and for that purpose may issue subpœnas(h) and attachments in any case of inquiry, investigation or impeachment, and cause the same to be served and executed in any part of the commonwealth, and if any Refusal of witness. witness shall refuse to testify as to any fact within his knowledge, or to produce any books or papers within his possession, or under his control, required to be used

subpoenas.

(g) A defendant may be compelled to answer as to what is an indictable misdemeanor, where a statue prohibits the answer from being read in evidence against him. Philadelphia v. Keyser, 10 Phila.

50.

(h) Each branch of councils has power to compel the attendance of witnesses; a witness duly sub

poenaed cannot refuse to appear and be sworn, on the ground that he is already under indictment for alleged criminal connection with the matters which the committee proposes to investigate. He should wait until a question is propounded to him which tends to criminate him, and then he can decline to answer. Eckstein's Petition, 148 P. S. 509.

§ 1. P. L. 52.

as evidence in any such case, the clerk of that branch of councils, by whose author- 1 June 1885, art. 15. ity such witness was subpoenaed, shall forthwith report the facts relating to such refusal to that one of the courts of common pleas, of the county, to which current new actions and proceedings may at the time be distributed, apportioned and assigned, and all questions arising upon such refusal, and also upon any new evidence not included in said clerk's report (which new evidence may be offered either in behalf of or against such witness), shall at once be heard by said court. If the court determine that the testimony or evidence required by such witness is legally and properly competent, and ought to be given or produced by him, then said court shall make an order commanding such witness to testify or to produce books and Order to testify. papers (or both as the case may be), and if said witness shall thereafter refuse to testify or to produce books or papers as aforesaid, in disobedience of such order of the court, then the said court shall have power to order the commitment of such witness to the county jail of the proper county for contempt.

10. No witness shall be excused from testifying in any criminal proceeding, or

Ibid.

in any investigation or inquiry before either branch of the councils, or any com- Witnesses not to mittee thereof, or any officer of the city having the right to conduct the investiga- be excused from tion touching his knowledge of any offence committed against the provisions of testifying. this act. But such testimony shall not be used against him in any criminal prosecution whatever, and the accused shall not be convicted in any court on the testimony of an accomplice unless the same be corroborated by other evidence or the circumstances of the case.

WORKHOUSES.

See CRIMINAL PROCEDURE; HOUSE OF CORRECTION; JAILS; VAGRANTS.

P. L. 182.

1. Managers of, may purchase additional land. Purpose. Funds to be used. Title. 1. The managers of the several workhouses in the state be and they are hereby 19 May 1887. empowered to purchase such additional land, not to exceed two hundred and fifty acres, as they may deem advisable, in addition to that now owned by them, for the Purchase of addipurpose of employing the prisoners under their charge in agricultural or other authorized. labor, and to purchase such land out of funds wholly under control of said work- Purpose. houses, and take the title of such land in the name of the city or county, or Funds to be used. counties, to which they belong.

tional land

Title.

WRITS.

See ACTIONS PERSONAL; ACTIONS REAL; COMMON PLEAS; COUNTY OFFICERS; CRIMINAL PROCEDURE; EJECTMENT; HABEAS CORPUS; SUPREME COURT.

YELLOWS.

See AGRICULTURE.