AUTHOR OF A TREATISE ON VOLUNTARY CONVEYANCES,

AND ON THE STATUTE OF FRAUDS.,

LONDON:

PRINTED FOR J. BUTTERWORTH, LAW-BOOKSELLER, FLEET-STREET,

AND J. COOKE, ORMOND-QUAY, DUBLIN

G. Woodfall, Printer, Paternoster-row, London.

TABLE OF CONTENTS.

CHAP. I.

Part.

Page.

OF MAKING AND PUBLISHING WILLS 1

I.
Progress of the Law

ibid.

Testamentary Capacity

27

III. Estates by Custom

34

IV. Estates pur auter vie

46

V. Powers to be executed by Will

62

VI. Wills charging Lands

77

VII. Attendant Terms

90

VIII. Things affixed to the Freehold

98

IX. Mortgages

103

X. Election in Equity

107

XI. Signature and Subscription

121

XII. Formality of Publication

137

XIII. Wills, interrupted and resumed

141

XIV. Qualification of Witnesses

148

XV. Time and Manner of making the

Attestation

163

XVI. Evidence of the Attestation

179

XVII. Personalty

191

XVIII, Charitable Uses

211

r.
XIX. Appointment of Guardians by Will 232

XX. Statute of fraudulent Devises

943

Pages

251

ibid.

256

261

273

281

285

Part.

REVOCATION OF WILLS

1. Construction of Sect. 6 of the Statute

of Frauds

II. Methods of Revocation

IH. Inconsistent Wills

IV. Intention

V. Acts fraudently done, or procured to

be done

VI. Subsequent. Conveyances

VII. Of subsequent Dealings with the

Estate in Equity

VIII. Thc Doctrine of Relation

IX. Mortgages, &c.

X. Partition

XI. Leases

XII. Cancelling

XIII. Alteration and Erasure

XIV. Mistake

XV. Of the Doctrine of Revocation, as to

Wills made under Powers

XVI. Subsequent Marriage, and Children

XVII. Accident and Surprise

XVIII. Effect of a Woman's Marriage upon

her Will

XIX. Of the Revocation of Wills of Pere

sonal Estate

XX. Satisfaction in Equity

CHAP. III.

Page.

423

ibid.

433

437

442

Part.

EVIDENCE AND CONSTRUCTION

1. Double Portions

II. Debts paid by Legacies

III. Double Legacies

IV. General Doctrine

y. Of the presumptive Trust in the Ex-

ecutor for the next of Kin of the

Testator, as to the Surplus un-

disposed of by the Will

VI. Testator's Declarations, how far Evi.

dence

VII. Ambiguities

448

453

456

CHAP. IV.

REPUBLICATION OF WILLS

476

499