843 WAY, PRIVATE-continued. injunction to restrain, 67. plan on conveyance, effect of, 29, 65. prescription, claim by, 22, 26, 57, 61. Prescription Act, claim under, 4 et seq. See PRESCRIPTION ACT. presumption of grants of, 61. public way may co-exist with, 57. railway company cannot grant, 58. remedy against, for interference with way, 66. repair of, 64. reservation of, 57, 59. severance, what ways will pass on, 58-60. soil of, ownership of, 55. suspension of, 58, 61, 65. statute, acquisition by, 62. extinction by, 66. tenant, acquiescence by, 8, 61. grant by one, to another, 8, 61. unity of seizin, when there is, what will pass, 58, 59. extinction by, 65. use, conveyance by way of, 616. user, grant presumed from, 61. where barred of distributive share in husband's personalty, 342. WILL. See CODICIL-CONSTRUCTION OF WILLS-DEVISE-REVOCATION OF abroad, of British subjects residing, 438, 439, 440. in exercise of power, 411, 438. acquired after date of will, property, 401, 422–425. alterations in, attestation of, 419, 420. confirmed by subsequent codicil, 410. date of, presumption as to, 419. executed as will, must be, ib. parol evidence as to, ib. probate, form of, where there are, 420. alteration of estate after date of, effect of, 421, 422. appointment, executed like other wills, 411. See CONSTRUCTION OF WILLS. general gift operates as, 426-430. survivor of two persons, exercised by will of, 403, 429, Add. attestation of, 407-409, 413, 414. form not necessary, 407, 409. testator dying without heirs, in case of, 402. autre vie, estates pur, disposable by, blanks at foot of, 436, Add. 401. power exercised by will valid according to law of, 411, 438. dower may be barred by, 346, 347. See DOWER. duplicate will, revoked by revocation of other, 418. entry, rights of, disposable by, 401. error, words cannot be omitted on ground of, 407. evidence, parol, admission of, as to, date of alterations, 419. execution of will, 407-409. identity of incorporated documents, 410. intention to revive a will, 421. revoke a will, 416, 418. lost will, 407, 416. execution of, 407-411. evidence as to, 407-409. presumption of due, 409. executor may be witness, 414. executory interests disposable by, 401. fee passes where no words of limitation, 430, 432. foreign, when probate required of, 411. what documents will be looked at in construing, 438. fraud, words inserted by, rejected, 407. general gift operates as exercise of power, 406, 426–430. See CON- heir, testator dying without, how far Wills Act applies, 402. See HEIR. probate in case of, 410, 411. infant, of, 405. interlineations, 419, 420. See WILL-alterations. invalid, made valid by subsequent valid instrument, 410. land, general devise of, effect of, 426. See CONSTRUCTION OF WILLS. leaseholds, wills of, governed by lex loci, 401, 439. bequest of, and subsequent purchase of fee, 422, 423. lex loci governs will of real estate, 401. lost, contents proved by secondary evidence, 407, 416. mariner, of, 412, 413. marriage, revocation by, 414, 415. exception in case of will executing power, ib. married woman, of, 326, 405, 406, see 295, 296, 297. date from which will speaks, 405, 406. executrix, may appoint executor to represent estate, 405. general gift in, operates as exercise of power, 406, 428. Married Women's Property Act, 1882, in relation to, 325, 326. personalty, non-separate, with consent of husband, 405. probate, form of, 406. Probate Court, function of, in relation to, 406, 407. property acquired after husband's death, 326, 405, 406. revocation of will exercising power, 405, 419. separate estate may be disposed of by, 297, 325, 326, 405. Middlesex, registration of will of land in, 568. WILL-continued. mortgage estates, devise of, subsequent acquisition of equity of redemp- tion, 422. mutilation of, presumption of date of, 418. naturalized British subject, 438, 439, 441. obliterations, 419, 420. paper pasted over whole bequest will not be removed, 420. paper pasted over the amount only, will be removed, ib. parol evidence, admission of. See WILL-evidence. personal estate, of, governed by lex domicilii, 401. possessory title is disposable by, 168, 402. power, of appointment, exercise by will. See CONSTRUCTION OF WILLS. of revocation and new appointment, exercise by will, 429. two persons, or survivor, to, 403, 429, Add. will in exercise of, valid if according to law of domicile, 411, 438. signature of testator, acknowledged in presence of witnesses, 407, 408. before attestation, must be, 407. mark sufficient, ib. person for testator, by, ib. position of, 407, 436, 437. seen by the witnesses, must be, 408. signature of witnesses, initials sufficient, 408. of testator, must be in, 408, 409. same side of paper as testator's, need not be, 409. soldiers, of, 412. sovereign, of, 402. surrender to use of, not necessary, 401, 402. unattested papers incorporated in will, 410, 411. witness, creditor may be, 414. executor may be, ib. gift to, in will when void, 413, 414. incompetency of, not to invalidate will, 413. signature of, 408, 409. writing must be in, 407, see 412. Yorkshire, registration of will of land in, 568. WINDMILL, passage of air to, right cannot be acquired by prescription, 7, see 99. gift to, void, 413, 414. no lapse where bequest in joint tenancy to several, of whom one was to will, 408. WRIT OF FIERI FACIAS, bills and notes, seizure under, 449. indemnity to sheriff in respect of actions on, ib. charging order made to assist, 450. companies, against, 451. de bonis ecclesiasticis, ib. landlord's right to rent, ib., see 126. property which may or may not be taken under, 449–451. WRIT OF SCIRE FACIAS, 177, 178. |