Customary

holds with

Executor or Administrator; and that the power hereby given shall comprising extend to all Real Estate of the Nature of Customary Freehold or Freeholds Tenant Right, or Customary or Copyhold, notwithstanding that the and CopyTestator may not have surrendered the same to the Use of his Will, out Surrenor notwithstanding that, being entitled as Heir, Devisee, or otherwise der, and beto be admitted thereto, he shall not have been admitted thereto, or fore Admittance, notwithstanding that the same, in consequence of the want of a and also Custom to devise or surrender to the Use of a Will or otherwise, such of could not at Law have been disposed of by Will if this Act had not cannot now been made, or notwithstanding that the same, in consequence of there be devised; being a Custom that a Will or a Surrender to the Use of a Will should continue in force for a limited Time only, or any other special Custom, could not have been disposed of by Will according to the Power contained in this Act, if this Act had not been made: and

them as

also to Estates pur autre vie, whether there shall or shall not be any Estates pur special Occupant thereof, and whether the same shall be Freehold, autre vie; Customary Freehold, Tenant Right, Customary or Copyhold, or of any other Tenure, and whether the same shall be a corporeal or an incorporeal Hereditament; and also to all contingent, executory, or contingent other future Interests in any Real or Personal Estate, whether the Interests; Testator may or may not be ascertained as the Person or one of the Persons in whom the same respectively may become vested, and whether he may be entitled thereto under the Instrument by which the same respectively were created or under any Disposition thereof by Deed or Will; and also to all Rights of Entry for Conditions Rights of broken, and other Rights of Entry; and also to such of the same Entry; and Property Estates, Interests, and Rights respectively, and other Real and Per- acquired sonal Estate, as the Testator may be entitled to at the time of his after ExecuDeath, notwithstanding that he may become entitled to the same subsequently to the Execution of his Will.

tion of the

Will.

IV. Provided always, and be it further enacted, That where any as to the Real Estate of the Nature of Customary Freehold or Tenant Right, Fees and Fines payor Customary or Copyhold, might, by the Custom of the Manor of able by which the same is holden, have been surrendered to the Use of a Will, Devisees of and the Testator shall not have surrendered the same to the Use of Customary and Copyhis Will, no Person entitled or claiming to be entitled thereto by hold Es virtue of such Will shall be entitled to be admitted, except upon Pay- tates. ment of all such Stamp Duties, Fees, and sums of money as would have been lawfully due and payable in respect of the surrendering of such Real Estate to the Use of the Will, or in respect of presenting, registering, or enrolling such Surrender, if the same Real Estate had been surrendered to the Use of the Will of such Testator: Provided also, that where the Testator was entitled to have been admitted to such Real Estate, and might, if he had been admitted thereto, have surrendered the same to the Use of his Will, and shall not have been admitted thereto, no person entitled or claiming to be entitled to such Real Estate in consequence of such Will shall be entitled to be admitted to the same Real Estate by virtue thereof, except on Payment of all such Stamp Duties, Fees, Fine, and Sums of Money as would have been lawfully due and payable in respect of the Admittance of such Testator to such Real Estate, and also of all such Stamp Duties, Fees, and Sums of Money as would have been lawfully due and payable in respect of surrendering such Real Estate to the Use of the Will, or of presenting, registering, or enrolling such Surrender, had the Testator been duly admitted to such Real Estate, and after

Wills or

Extracts of
Customary

Wills of

Freeholds and Copy. holds to be entered on the Court Rolls;

and the

Lord to be entitled to the same Fine, &c., when such Estates are

not now devisable, as he would have been from the

Heir in case of Descent. Estates pur autre vie.

No Will of a Person under Age valid;

nor of a

Feme Covert, except such as might now be made. Every Will shall be in

Writing, and

wards surrendered the same to the Use of his Will; all which Stamp Duties, Fees, Fine, or Sums of Money due as aforesaid shall be paid in addition to the Stamp Duties, Fees, Fine, or Sums of Money due or payable on the Admittance of such Person so entitled or claiming to be entitled to the same Real Estate as aforesaid.

V. And be it further enacted, That when any Real Estate of the Nature of Customary Freehold or Tenant Right, or Customary or Copyhold, shall be disposed of by Will, the Lord of the Manor or reputed Manor of which such Real Estate is holden, or his Steward, or the Deputy of such Steward, shall cause the Will by which such Disposition shall be made, or so much thereof as shall contain the Disposition of such Real Estate, to be entered on the Court Rolls of such Manor or reputed Manor; and when any Trusts are declared by the Will of such Real Estate, it shall not be necessary to enter the Declaration of such Trusts, but it shall be sufficient to state in the Entry on the Court Rolls that such Real Estate is subject to the Trusts declared by such Will; and when any such Real Estate could not have been disposed of by Will if this Act had not been made, the same Fine, Heriot, Dues, Duties, and Services shall be paid and rendered by the Devisee as would have been due from the Customary Heir in case of the Descent of the same Real Estate, and the Lord shall as against the Devisee of such Estate have the same Remedy for recovering and enforcing such Fine, Heriot, Dues, Duties, and Services as he is now entitled to for recovering and enforcing the same from or against the Customary Heir in case of a Descent.

VI. And be it further enacted, That if no Disposition by Will shall be made of any Estate pur autre vie of a Freehold Nature, the same shall be chargeable in the Hands of the Heir, if it shall come to him by reason of special Occupancy, as Assets by Descent, as in the Case of Freehold Land in Fee Simple; and in case there shall be no special Occupant of any Estate pur autre vie, whether Freehold or Customary Freehold, Tenant Right, Customary or Copyhold, or of any other Tenure, and whether a corporeal or incorporeal Hereditament, it shall go to the Executor or Administrator of the Party that had the Estate thereof by virtue of the Grant; and if the same shall come to the Executor or Administrator either by reason of a special Occupancy or by virtue of this Act, it shall be assets in his Hands, and shall go and be applied and distributed in the same Manner as the Personal Estate of the Testator or Intestate.

VII. And be it further enacted, That no Will made by any Person under the Age of Twenty-one Years shall be valid.

VIII. Provided also, and be it further enacted, That no Wili made by any Married Woman shall be valid, except such a Will as might have been made by a Married Woman before the passing of this Act.

IX. And be it further enacted, That no Will shall be valid unless it shall be in writing, and executed in manner herein-after mentioned; (that is to say,) it shall be signed at the Foot or End thereof by the Testator, or by some other Person in his Presence and by his Direction; and such Signature shall be made or acknowledged by the Testator in the Presence of Two or more Witnesses present at the Presence of same Time, and such Witnesses shall attest and shall subscribe the Will in the Presence of the Testator, but no Form of Attestation shall be necessary.

signed by the Testator in the

Two Wit

nesses at

one Time.

Appoint

ments by

X. And be it further enacted, That no Appointment made by Will,

executed

in exercise of any Power, shall be valid, unless the same be executed Will to be in manner herein-before required; and every Will executed in like other manner herein-before required shall, so far as respects the Execution Wills, and and Attestation thereof, be a valid Execution of a Power of Appoint- to be valid, although ment by Will, notwithstanding it shall have been expressly required other rethat a Will made in exercise of such Power should be executed with quired Sosome additional or other Form of Execution or Solemnity. XI. Provided always, and be it further enacted, That any Soldier served. being in actual Military Service, or any Mariner or Seaman being at Soldiers' Sea, may dispose of his Personal Estate as he might have done before and Marithe making of this Act.

lemnities

are not ob

ners' Wills excepted.

tain Provi

1 Will. 4,

c. 20, with

XII. And be it further enacted, That this Act shall not prejudice Act not to or affect any of the Provisions contained in an Act passed in the affect cer Eleventh Year of the Reign of His Majesty King George the Fourth sions of and the First Year of the Reign of His late Majesty King William the 11 Geo. 4 & Fourth, intituled An Act to amend and consolidate the Laws relating to the Pay of the Royal Navy, respecting the Wills of Petty Officers and respect to Seamen in the Royal Navy, and Non-commissioned Officers of Marines, Wills of and Marines, so far as relates to their Wages, Pay, Prize Money, Bounty cers and Money, and Allowances, or other Monies payable in respect of Services Seamen and in Her Majesty's Navy.

Petty Offi

Marines.

XII. And be it further enacted, That every Will executed in Publication manner herein-before required shall be valid without any other Pub- requisite.

lication thereof.

not to be

Witness to

be void.

XIV. And be it further enacted, That if any Person who shall Will not to be void on attest the Execution of a Will shall at the Time of the Execution account of thereof or at any Time afterwards be incompetent to be admitted a IncompeWitness to prove the Execution thereof, such Will shall not on that tency of attesting Account be invalid. Witness. XV. And be it further enacted, That if any Person shall attest the Gifts to an Execution of any Will to whom or to whose Wife or Husband any attesting beneficial Devise, Legacy, Estate, Interest, Gift, or Appointment, of or affecting any Real or Personal Estate (other than and except Charges and Directions for the Payment of any Debt or Debts), shall be thereby given or made, such Devise, Legacy, Estate, Interest, Gift, or Appointment shall, so far only as concerns such Person attesting the Execution of such Will, or the Wife or Husband of such Person, or any Person claiming under such Person or Wife or Husband, be utterly null and void, and such Person so attesting shall be admitted as a Witness to prove the Execution of such Will, or to prove the Validity or Invalidity thereof, notwithstanding such Devise, Legacy, Estate, Interest, Gift, or Appointment mentioned in

such Will.

be admitted

XVI. And be it further enacted, That in case by any Will any Creditor atReal or Personal Estate shall be charged with any Debt or Debts, and testing to any Creditor, or the Wife or Husband of any Creditor, whose Debt is a Witness. so charged, shall attest the Execution of such Will, such Creditor notwithstanding such Charge shall be admitted a Witness to prove the Execution of such Will, or to prove the Validity or Invalidity

thereof.

be admitted a witness.

XVII. And be it further enacted, That no Person shall, on account Executor to of his being an Executor of a Will, be incompetent to be admitted a Witness to prove the Execution of such Will, or a Witness to prove the Validity or Invalidity thereof.

XVIII. And be it further enacted, That every Will made by a Man Will to be

U U

Marriage.

revoked by or Woman shall be revoked by his or her Marriage (except a Will made in exercise of a Power of Appointment, when the Real or Personal Estate thereby appointed would not in default of such Appointment pass to his or her Heir, Customary Heir, Executor, or Adminis trator, or the Person entitled as his or her next of Kin, under the Statute of Distributions).

No Will to be revoked

by Presumption.

No Will to

but by an

other Will or Codicil, or by a

XIX. And be it further enacted, That no Will shall be revoked by any Presumption of an Intention on the Ground of an Alteration in Circumstances.

XX. And be it further enacted, That no Will or Codicil, or any be revoked Part thereof, shall be revoked otherwise than as aforesaid, or by another Will or Codicil executed in manner herein-before required, or by some Writing declaring an Intention to revoke the same, and executed in the Manner in which a Will is herein-before required to be executed, or by the burning, tearing, or otherwise destroying the same by the Testator, or by some Person in his Presence and by his Direction, with the intention of revoking the same.

Writing executed like

Will, or by

a

Destruction.

No Alteration in a Will shall have any

Effect unless executed as a Will.

No Will revoked to be revived otherwise

than by Re

execution

XXI. And be it further enacted, That no Obliteration, Interlineation, or other Alteration made in any Will after the Execution thereof shall be valid or have any Effect, except so far as the Words or Effect of the Will before such Alteration shall not be apparent, usless such Alteration shall be executed in like Manner as hereinbefore is required for the Execution of the Will; but the Will, with such Alteration as Part thereof, shall be deemed to be duly executed if the Signature of the Testator and the Subscription of the Witnesses be made in the Margin or on some other Part of the Will opposite or near to such Alteration, or at the Foot or End of or opposite to a Memorandum referring to such Alteration, and written at the End or some other Part of the Will.

XXII. And be it further enacted, That no Will or Codicil, or any Part thereof, which shall be in any Manner revoked, shall be revived otherwise than by the Re-execution thereof, or by a Codicil executed in manner herein-before required, and showing an Intention to revive or a Codicil the same; and when any Will or Codicil which shall be partly to revive it. revoked, and afterwards wholly revoked, shall be revived, such Revival shall not extend to so much thereof as shall have been revoked before the Revocation of the whole thereof, unless an Intention to the contrary shall be shown.

A Devise not to be rendered

inoperative by any sub

sequent Conveyance or Act.

A Will shall

be construed to

XXIII. And be it further enacted, That no Conveyance or other Act made or done subsequently to the Execution of a Will of or relating to any Real or Personal Estate therein comprised, except an Act by which such Will shall be revoked as aforesaid, shall prevent the Operation of the Will with respect to such Estate or Interest in such Real or Personal Estate as the Testator shall have power to dispose of by Will at the Time of his Death.

XXIV. And be it further enacted, That every Will shall be construed, with reference to the Real Estate and Personal Estate comspeak from prised in it, to speak and take effect as if it had been executed the Death of immediately before the Death of the Testator, unless a contrary Intention shall appear by the Will.

the Testator

A Residuary Devise shall include

Estates com

prised in lapsed and

XXV. And be it further enacted, That, unless a contrary Intention shall appear by the Will, such Real Estate or Interest therein as shall be comprised or intended to be comprised in any Devise in such Will contained, which shall fail or be void by reason of the Death of the Devisee in the Lifetime of the Testator, or by reason of such Devise

the Testa

being contrary to Law or otherwise incapable of taking effect, shall void Debe included in the Residuary Devise (if any) contained in such Will. vises. XXVI. And be it further enacted, That a Devise of the Land of A general the Testator, or of the Land of the Testator in any Place or in the Devise of Occupation of any Person mentioned in his Will, or otherwise tor's Lands described in a general Manner, and any other general Devise which shall include Copywould describe a Customary, Copyhold, or Leasehold Estate if the hold and Testator had no Freehold Estate which could be described by it, Leasehold shall be construed to include the Customary, Copyhold, and Lease- as well as hold Estates of the Testator, or his Customary, Copyhold, and Lease- Lands. hold Estates, or any of them, to which such Description shall extend, as the Case may be, as well as Freehold Estates, unless a contrary Intention shall appear by the Will.

Freehold

include Es

Testator has

ment.

XXVII. And be it further enacted, That a general Devise of the A general Real Estate of the Testator, or of the Real Estate of the Testator in Gift shall any Place or in the Occupation of any Person mentioned in his Will, tates over or otherwise described in a general Manner, shall be construed to which the include any Real Estate, or any Real Estate to which such Descrip- a general tion shall extend (as the case may be), which he may have Power to Power of appoint in any manner he may think proper, and shall operate as an AppointExecution of such Power, unless a contrary intention shall appear by the Will; and in like Manner a Bequest of the Personal Estate of the Testator, or any Bequest of Personal Property described in a general Manner, shall be construed to include any Personal Estate, or any Personal Estate to which such Description shall extend (as the Case may be), which he may have Power to appoint in any Manner he may think proper, and shall operate as an Execution of such Power, unless a contrary intention shall appear by the Will.

Words of

XXVIII. And be it further enacted, That where any Real Estate A Devise shall be devised to any Person without any words of Limitation, such without any Devise shall be construed to pass the Fee Simple, or other the whole Limitation Estate or Interest which the Testator had Power to dispose of by shall be conWill in such Real Estate, unless a contrary Intention shall appear by the Will.

strued to

pass the

Fee.

"die with

to mean die

XXIX. And be it further enacted, That in any Devise or Bequest The Words of Real or Personal Estate the Words "die without Issue," or die out Issue," without leaving Issue," or "have no Issue," or any other Words which or "die may import either a Want or Failure of Issue of any Person in his without leaving Lifetime, or at the Time of his Death, or an indefinite Failure of his Issue," Issue, shall be construed to mean a Want or Failure of Issue in the shall be Lifetime or at the Time of the Death of such Person, and not an in- construed definite Failure of his Issue, unless a contrary Intention shall appear without by the Will, by reason of such Person having a Prior Estate Tail or of Issue living a preceding Gift, being (without any Implication arising from such Words), a Limitation of an Estate Tail to such Person or Issue, or otherwise Provided, that this Act shall not extend to Cases where such Words as aforesaid import if no Issue described in a preceding Gift shall be born, or if there shall be no Issue who shall live to attain the Age or otherwise answer the Description required for obtaining a vested Estate by a preceding Gift to such Issue.

at the

Death.

or Execu

XXX. And be it further enacted, that where any Real Estate No Devise (other than or not being a Presentation to a Church) shall be devised to Trustees to any Trustee or Executor, such devise shall be construed to pass tors, except the Fee Simple or other the whole Estate or Interest which the for a Term Testator had power to dispose of by Will in such Real Estate, unless tation to a

or a Presen