Vol. Page.
WILL.-Continued.

Or unless the legatee be a child of the testator,

born in wedlock, and no other maintenance pro-
vided for it

vi. 806
Extended to illegitimate children and grand-chil-
dren

ib,
In which case it will carry interest from the time

time
of testator's death

ib.
But not so of a nephew

ib.
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-
cumulations

ib.
The interest in respect of legacies, unless other-

Vol. Pag t.
WILL.- Continued.

c. 6. having avoided all such legacies, and de-
clared creditors competent

vi. 818
Wills executed in pursuance of a power, must

strietly pursue the manner prescribed by the
power

ib.
If no form has been prescribed, then the directions
of the statute must be followed, if it be of lands

ib.
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. ib.
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

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

ib.
But if he cannot write, bis placing his mark will be
sufficient

ib.
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 be may die seised"

vi. 820
In respect of all after purchased lands, the will
must therefore be republished

ib.
But it is otherwise in respect of leaseholds or
other chattels

ib.
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, 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 feoir-
ment be executed by a tenant in fee, notwith-
standing the assurances are not inconsistent

ib

Vol. Page.
WILL.-Continued.

her previous will, if she survive her husband,
will revive

vi. 822
The making an advaucement to a child snbsequent

to the will, is also prima facie revocation of a
legacy, pro tanto

ib.
A will executed under a power, need not absolute-
or

vi. 849
Nuncupative wills of property beyond £20, must

,
be made in presence of three witnesses ; and if
it alter or revoke a former will, it must be re-
duced into writing, and read over in his life-
time, in the presence of such witnesses ; in other
cases it must be put into writing within six
days after bis death

vi. 860
As to the power of a feme covert to make a will,

see article Feme Covert.
Of freehold, copyhold, and leasehold estates, and

also of money in the funds, and other personalty,
adapted to the circumstances of a man of for-
tune

vi. 759
Devise of mansion house and furniture to testator's
wife for life

vi. 740
Inventory to be taken of furniture

vi. 741
Devise of freehold oud copyhold lands to trustees
for ninety-nine years

vi. 742
Upon trust to secure an annuity to testator's wife
for life in augmentation of jointure

vi. 744
To wife independent of any future husband

ib.
Power of distress in default of payment of the an-
nuity for twenty-one days

vi. 746
Power of entry, if default for sixty days • vi. 747
On the decease of wife, term to cease

vi. 749
Wife
may occupy house, &c. for life

vi. 746
Devise after death of wife, to trustees to sell

ib,
Demise of all said freehold and copyhold premises,

subject to the term to testator's eldest son for
life

vi. 750
Or until he incumber

vi. 751
With directions as to heir loons, and that inven-
tories shall be taken thereof

vi. 753
Devise of all said freehold and copyhold estates to

trustees to preserve contingent remainders during
the life of the son

vi. 753
Devise on decease of testator's eldest son, to his first
and other sons in tail male

vi. 754
Remainder to their daughters in tail general vi. 755
With cross reinainders between them in tail

ib.
Remainder to testator's right heirs

vi. 756
Proviso that a devisee shall take the name and
arms of the testator

ib.

Vol. Page.
WILL.-Contmued.
Power to grant leases

vi. 756
Power to sons to make jointures

vi. 761, 762
One jointure only to be chargeable on the land at
the same time

vi. 764
Power to charge premises with portions

ib.
In what proportion maintenance shall be

ib.
Devise of leasehold premises for lives and years to
trustees

vi. 766
Upon trust out of rents to repair and pay ground
rents

vi. 768
And renew leases

ib,
And surrender for that purpos

ib.
Upon further trust for testator's son for life vi. 769
Then to the first son of his body, and his heirs
male

ib.
Remainder to persons entitled to the freeholds ib.
Leasing powers in wills

vi. 771
Power to trustees to appoint stewards, overseers,
and receivers

vi. 772
Power of sale and exchange in wills

vi, 773
Lands when sold to be discharged of present trusts vi. 775
And trustees may revoke the same, for the purposes
of sale or exchange

vi. 776
Money to arise by sale to be paid to trustees · vi. 777
And laid out in the purchase of other lands vi. 778
And if lands cannot be purchased in the place

where directed, then elsewhere at the discretion
of the trustees

vi. 779
The lands to be settled to the same uses

ib.
Until purchase, the money to be invested on good
Securities

vi, 780
Devise of lands to be sold

vi. 781
Receipts of trustees to be good discharges

ib.
Purchase money to be applied to make good the
deficiency of personal estate

vi. 782
Until sale, the same to be considered as personalty vi. 783
Bequest of Bank annuities to trustees

ib.
U pon trust for such persons as testator's daughter
shall appoint

Vol. Page.

WILLS. Continued.

Shares appointed to any child exclusively of the
others to be brought into hotch-pot *

vi. 789
Survivorship of original and accrued shares of chil-
dren

vi. 790, 791
Issue, of sons and daughters under twenty-one, to
take their parent's shares

vi. 791
Upon further trust to maintain the children during
their respective minorities

vi. 792
The surplus to accumulate

vi. 793
Power to advance the children out of shares

ib.
Receipt of guardian to be sufficient

vi. 794
Sums not vesting in children, to sink into, and be

deemed part of testator's personal estate vi. 794
Power to trustees to change the funds and securi-
ties of the trust-monies

vi. 795
Devise for charitable purposes

vi. 796
Residue of testator's personal estate, bequest of ib.
Upon trust to be laid out in the purchase of land vi. 798
In the mean time to invest the same in the public
funds

ib.
And pay the dividends to the persons entitled to
the lands when purchased

vi. 799
A devise to a natural son

ib.
Bequest of a sum to trustees, to be invested in
bank annuities

vi. 800
Upon trust for another natural child

vi. 801
Devise of an advowson to trustees

ib.
Upon trust to present any younger son in holy or-

ders with such consent as is therein mentioned vi. 802
And in case none of the sons, on any avoidance,

shall be qualified, then to present any other fit
person during such incapacity

vi. 803
And take bond for resignation

ib.
If no son presented, then in trust for the heir at

law
Devise of an advowson iv trust for a term

vi, 804
Devise of lands in mortgage to a testator

ib.
Upou trust to reconvey, upon payment of the mort-
gage money

vi. 805
And such money to sink into the testator's residuary
estate

ib.
Bequest of legacy to a servant

.

ib.

.