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Or to daughters equally

To such uses as husband or wife shall appoint

USES, SPRINGING. What, and when they may take


vi. 425

vi. 427

vi. 428

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Recital that a vendor is seised in fee, a
ranty of title

i. 98 ib. n. 23

i. 100 n. 24

i. 214

ii. 534

ib. n. 2


i. 154 n. 4

WARRANT OF ATTORNEY proper to be taken as

a collateral security on the grant of annuities WASTE. Without impeachment of waste. Mortgagee by demise being a mere termor, ought to be exempted from impeachment of waste Tenant for life hath at law a full power over timber, but in equity he may be restricted from cutting the same, unless his estate be expressly declared to be without impeachment of waste

WAY. Right of, form of the grant thereof to a pur


An acknowledgment necessary to be reserved
Grantor thereof bound to keep in repair
Exception of right of

Power of using

v. 284

iv. 128

iv. 129

WIFE'S ESTATE. Words necessary to be used in an

appointment for sale of

In marriage settlement where the intended hus-
band is in trade, the limitation should be shifted
in the case of bankruptcy

Form of so doing as to freeholds

vi. 408

i. 412

i. 416

i. 419


iji. 219

i. 3. n.

vi. 532

: ib.

WIFE'S ESTATE.-Continued.

As to leaseholds

Vol. Pages

vi. 580

Choses in action belonging to wife, will revert in
her, if she survive her husband, and not go to
his representatives
Permitting husband to receive her separate income
will not be entitled to have the account go back
beyond one year

vi. 575

vi. 411

Where an estate settled is the wife's, provision
should be made for the husband aud children of
a second marriage

vi. 427

WIFE not a necessary party in the assignment of a
lease for a year, determinable on lives
Nor on any lease for years of her own, unless limit-
ed to her sole use, exclusive of husband
May join the husband in charging bank annuities
with an annuity, if she has been separately ex-
amined in the court of Chancery on bill
Her property how far affected by the bankruptcy

ii. 503

ii. 515

v. 472

vi. 221

of her husband

Of debtor, need not be a party to the husband's
deed of composition, unless it relate to freehold vi.
Or it is her own separate estate

Being a feme sole trader in London may com-
pound with her creditors

The creditors of the wife before marriage, after-
wards become the creditors of the husband
Cannot make a will without consent

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vi. 563


Form of power to the wife to make a will

Declaration that settlement shall be in bar of dower vi. 572

Form of limiting leaseholds to a wife for her sole

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WILL. All persons are capable under the statutes of
making a will of their lands, tenements, &c.
of which they are seised in fee, whether trust
estates, or legal interests, or estates pur autre vie

vi. 739, 766

The testator must be of sound and disposing mind,
and under no restraint at the time
He must not labour under an attainder
Nor in respect of his personalty, nor outlawry
What will pass as household furniture


vi. 470


vi. 740


Under the description of a watch

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How far cash excepted in a general bequest of
goods, and whatever else shall be in the house
A devise of stock upon the premises, will include
the growing crops

Household furniture may be bequeathed to the wife
for life, with remainder over

Also confining a bequest to the wife during
widowhood, is good

The qualities of the respective estates should be
particularized in the devise
Copyholds should be surrendered to the use of the
will, and without such surrender they will not
pass, with the reason thereof

Freehold lands are liable to the testator's specialty
debts, notwithstanding the will

vi. 741





vi. 742


vi. 743

vi. 750

How long a posterior estate tail may, by creating
a term, be prolonged
Observations as to the disposition of heir-looms vi. 752,

A proviso that the devisee shall take the name and
arms of a testator, is not a condition precedent to
prevent the estate vesting; and it may, as it seems,
be barred by a common recovery
A power to make jointure should be more clearly
expressed by the testator, and the reason
Care should be taken to express the testator's mean-
ing, whether children are to take as tenants in
common, or as joint-tenants

A bequest to all the children of a person, payable
at twenty-one, or marriage, vests when the oldest
attains that age or marries, to the exclusion of
after-born children

Restraints upon marriage in wills, not encouraged
Legacies to infants may be paid into the bank, in
the name of the accountant general


vi. 756

vi. 762

A bequest to next of kiu, does not include husband
or wife
Lands in mortgage will not pass under a general
devise of his lands, noless his intention clearly
appears, or it is so expressly declared
Advisable to specify when legacies shall vest and
become payable

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Legacies, unless otherwise directed, are not payable
until twelve calendar months after the testator's
decease, after which period, all legacies will
carry interest, and not before, unless the testator
hath limited a previous time, and expressly given

vi. 787

vi. 788


vi. 792

vi. 795

vi. 804

vi. 805

vi. 06

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Or unless the legatee be a child of the testator,
born in wedlock, and no other maintenance pro-
vided for it

Extended to illegitimate children and grand-chil-


In which case it will carry interest from the time

of testator's death

But not so of a nephew

If a legacy be payable at a certain age, as twenty-
one, and the legatee before, his representatives
will not be entitled to receive the same, until
the time when the legatee would have been en-
titled to receive it; but they will then, if it be
made to carry interest, be entitled to the ac-

The interest in respect of legacies, unless other-

vi. 806






wise directed by the testator, is only £4 per cent.
The whole of the personal estate, whether speci-
fically bequeathed or not, is vested in execu-
tors, who may thereout in the first place, pay
debts, notwithstanding any bequest thereof
Executors are personally answerable for each other;
but bare trustees are not, and the reason vi. 495, 813,

vi. 810


Hence the necessity of clauses of indemnity vi. 813
Trustees and executors are not liable for involun-
tary losses

vi. 496, 815

In a will of lands, there is no necessity to appoint
executors, nor is there any necessity to take pro-
bate thereof, as the ecclesiastical jurisdiction
only extends to personalty

Revocation of a will, how to be made

It is always revocable, whether executed sui juris,
or under a power

vi. 816

vi. 816, 817

The signature of the will need not be in the pre-
sence of the witnesses

It is sufficient if he admit his signature to them
It is not absolutely necessary that the witnesses
should be in the presence of each other at
the time of attestation

If the witnesses cannot write their names, their
marks will be sufficient

By the stat. 29 Car. II. c. 3. s. 5, 6. there must
be three witnesses to a will of lands
The witnesses must be of credibility, and com-
petent to decide on the sanity of the testator
The witnesses must not have been convicted of an
infamous crime

vi. 817



vi. 818




But being interested as a creditor or as a legatee,

is no bar to his testimony, the statute 25 Geo. 2.


Vol. Page.

c. 6. having avoided all such legacies, and de-
clared creditors competent
Wills executed in pursuance of a power, must
strictly pursue the manner prescribed by the

If no form has been prescribed, then the directions.

vi. 818

of the statute must be followed, if it be of lands
If it be a bequest of money in the funds, the at-
testation must be by two or more witnesses by
33 Geo. III. c. 28. s. 14. & 35. and ib. c. 14. s. 16.
If it be a will of other personal estate only, no at-
testation of witnesses is necessary, as upon proof
of the hand-writing, it may be proved as a testa-
mentary paper





Nor is it necessary as to copyholds, and the reason
The will must be actually signed by the testator,
and not merely sealed



But if he cannot write, his placing his mark will be


Such lands only will pass as the testator had at the
time of the execution of his will, even though
the words of the will comprehend "all those of
which he may die seised"

In respect of all after purchased lands, the will
must therefore be republished

But it is otherwise in respect of leaseholds or
other chattels

Also, if the testator be tenant in common, or the
like, and after his will make partition, and he
take his moiety for any other estate than he
had before, such as to such persous as he shall or
may appoint, it will not pass by the previous de-
vise of it

vi. 820



vi. 820, 821

As to what will amount to a revocation of a
will; it seems that any material alteration in the
estate will be a revocation; as, Ist, if a recovery
be suffered by the tenant in tail; 2dly, if a feuif-
ment be executed by a tenant in fee, notwith-
standing the assurances are not inconsistent
with the devise

The reason thereof

The surrender of old leases to have a renewal, is
a revocation

An agreement or contract for sale is a revocation
A mortgage is at law a revocation, but in equity
only pro tanto

A commission of bankrupt operares as a revocation
Marriage, and the birth of a child, will also o e-

rate as such

But both these circumstances must occur, as mar
riage alone is uot a revocat on

Except in the case of a woman; and qu, whether



vi. 821




vi. 822


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