extrinsic evidence, admissible to show intention, 647, pl. 50. ALIENS, (See TESTAMENTARY CAPACITY.) incapacity of, in regard to testamentary dispositions, 8-15. ALTERATION OF LAW, (See CONSTRUCTION.) after will made, and before decease of testator, in Georgia, will operate, 226, pl. 25. made during settlement of estate, 412-418. will control procedure, 412, pl. 1. so also as to matters resting in discretion, 413, and note 2,417, pl. 7–9. right of heir, attaches upon descent cast, 413, pl. 3. so of the right of the distributee on decease of ancestor, 413, 414, and note. same as to right of widow, 414-417. the rule in Massachusetts, 416, 417, pl. 6-8. legislative acts during settlement of estates, 417, 418, pl. 9. cannot affect vested rights, 418, pl. 10. APPURTENANCES, how construed, 636, pl. 40. ATTESTATION BY WITNESSES, may be by mark, initials, or fictitious name, but not by seal, 229, 230, 242. but not by seal, 230. witness's hand may be guided by another, 230. cannot be done by adopting signature, 230, 316. ATTESTATION BY WITNESSES-Continued. attestation clause not indispensable, 230, and note, 232–238, 243. must be by some present act, 231. witnesses need not sign in the presence of each other, 231. office of attestation clause, 240–242. must be done purposely, 241. need not be done without assistance, 242. proof of handwriting sufficient, 243. some of the states require it to be done in presence of each other, 251. one only necessary, where will consists of different papers, &c., 260. this rule will not apply to will and codicils, 260, 261. must be made, or acknowledged in the presence of witnesses, 283-285. cannot be done, except upon clearest certainty, 471, 472, and note. doubt will not justify such a resort, 472, 473. in regard to familiar terms, 473. conjunctive words construed disjunctively, 473-476, and note. later cases incline to follow natural import of the word, 476-480, and note. wills written in, how explained, 633, pl. 36, 634, pl. 38. CLASSES, (See CONSTRUCTION.) time of determining, 386, and note. CLASSIFICATION, of persons of unsound mind. (See DEFINITIONS.) CODICIL, definition of, 6. now regarded as an addition to will, 287. in the Roman law, how regarded, 287, 288. all regarded as parts of will, 288. and to be construed together, 288. bring the date of will down to their own date, 288, 289, and note. may republish and set up informal papers, 289. not required to be on same paper, or attached to will, 288, 289, and note. origin of, 289, 290. not recognized in Louisiana, 290. may republish will if otherwise inoperative, 290. dependent upon, and revoked by destruction of will, 290, 311, 312, and note. erroneous recital in, will not affect will, 291. construction of, affected by provisions of will, 291. must be so construed as to have some operation, 353, 354, and note. subsequent will sometimes treated as codicil, 354. only revokes former will to extent of incongruity, 362. will destroyed cannot be set up by, 365. revives will executed under undue influence, 374. CONDITIONAL WILLS, CONSENT, (See WILLS.) (See MARRIED WOMEN.) CONSTRUCTION OF WILLS, from what time will speaks, 378-388. naturally refers to time when it comes in force, 379. that is the prevailing rule now, 379, and note. language referring to present time relates to date of will, 380, and note. CONSTRUCTION OF WILLS-Continued. but many times words, in present tense, refer to testator's death, 381.- so also of words disposing of the residuum, 381, and note. specific bequests refer to date of will, 381, 382. provisions in regard to children, often prospective, 381, 382. after-acquired real estate, not devisable, except by statute, 387, 388, and note. what estate devisable, 388-393. all, where there is present interest, 388-390, and note. all vested interests, although liable to be defeated by future contingencies, this rule extends to executory devises and contingent remainders, 391. comments of Black. and Kent, 388-390. estates of which testator has been disseized, 391, 392, and note. present English statute, 392. bequests to heirs at law, refers to date of will, 392, 393. of foreign wills, 393-412. place of domicil governs as to law of succession to personalty, 394, 395, and note. decisions of the courts of that place conclusive, 395. difficulties of case discussed, 395, 396. cases commented upon, 396, 397, and note. present Lord-Chancellor's opinion, 397. recent case in House of Lords, 397, 398. legacy duty, administration, &c., 399, 400. proof of foreign wills in chancery, 400, 401. may pass real estate, 401. the law on these points now settled, 401-403, and note. how far existing will is avoided by change of domicil, 403, and note, 404. words of will of personalty, how construed, 405. what is personalty, how determined, 405. law of domicil determines what is testamentary, 405. CONSTRUCTION OF WILLS—Continued. law in force at decease of testator governs, 406, 407. legislature may alter law as to existing will of living testators, 407, 408. courts of that place have the proper jurisdiction, 408. provisions as to investment, 408, 409. specific devise taken for debts abroad, compensation, 409, 410. decision in regard to will of Kosciusko, 410. will under power, how executed, 410, 411. what constitutes will, technical language determined by law of domicil, 411. copy of foreign probate filed in locum fori, conclusive, 411, 412. general rules, 419–437. less rigid than in regard to other instruments, 420. in devises courts favor estates of inheritance, 420, 421. must be adhered to, but with discretion, 421, 422. how to be applied, 422, 423. analogies mere aids to truth, 423. precedents rigidly applied in England, 423. beyond that, courts act independently, 423, 424. cases should be governed by truth, 424, 425, and note. Mr. Jarman's rules, 425-429, and note. inconsistent provisions may destroy each other, 426–430. clear import of words must control, 430. state of family and property aids in doubtful cases, 430, 431. effect given to every portion of will, 431. transposition how far allowable, 431, 432. as stated, in 19 N. Y., 432. in what sense intention of testator controls, 432, 433. must be expressed in the words of the will, 433. general intent, if clear, will control particular terms, 433. words are to have the force which authority gives them, 433, 434. clearly expressed intention not to yield to doubtful construction, 434. will should be upheld and made reasonable, 434. courts will give some meaning to will, if possible, 434. children and issue not disinherited on mere construction, 434, 435. courts should give effect to all the words, and not violate general intent, 435. all papers constituting testamentary act taken together, 435. primary import of words prevail ordinarily, 435. |