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Vol. Page.

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-

In which case it will carry interest from the time

of testator's death

But not so of a nephew

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-

The interest in respect of legacies, unless other-

wise directed by the testator, is only £4 per cent. ib.
The whole of the personal estate, whether speci-

fically bequeathed or not, is vested in execu-
tors, who may thereout in the first place, pay

debts, notwithstanding any bequest thereof vi, 810
Executors are personally answerable for each other ;
but bare trustees are not, and the reason vi. 495, 813,

Hence the necessity of clauses of indemnity vi. 813
Trustees and executors are not liable for involun-
tary losses

vi. 496, 815
In a will of lands, there is no necessity to appoint

executors, nor is there any necessity to take pro-
bate thereof, as the ecclesiastical jurisdiction
only extends to personalty

Revocation of a will, how to be made

vi. 816
It is alway's revocable, whether executed sui juris,
or under a power

vi. 816, 817
The signature of the will need not be in the pre-
sence of the witnesses

vi. 817
It is sufficient if he admit bis signature to them ib.
It is not absolutely necessary that the witnesses

should be in the presence of each other at

the time of attestation
If the witnesses cannot write their names, their
marks will be sufficient

vi. 818
By the stat. 29 Car. II. c. 3. s. 5, 6. there must
be three witnesses to a will of lands

The witnesses must be of credibility, and com-

petent to decide on the sanity of the testator ib.
The witnesses must not have been convicted of ar

infamous crime
But being interested as a creditor or as a legatee,

is no bar to his testimony, the statute 25 Geo. 2.



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

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

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

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

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

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

But it is otherwise in respect of leaseholds or
other chattels

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


with the devise
The reason thereof
The surrender of old leases to have a renewal, is
a revocation

vi. 821
An agreement or contract for le is a revo ion

A mortza e is at law a revocation, but in equity
only pro tanto

A commission of bankrupt operares as a revocation

Marriage, and the birth of a child, will also o, e-
rate as such

vi. 822
But both these circumstances must occur, as
riage alone is uot a revocat on

Except in the case of a woman; and qu, whether


Vol. Page.

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

A will executed under a power, need not absolute-

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-

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

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
may occupy house, &c. for life

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

Demise of all said freehold and copyhold premises,

subject to the term to testator's eldest son for

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

Remainder to testator's right heirs

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


Vol. Page.
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

In what proportion maintenance shall be

Devise of leasehold premises for lives and years to

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

vi. 768
And renew leases

And surrender for that purpos

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

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

Until purchase, the money to be invested on good

vi, 780
Devise of lands to be sold

vi. 781
Receipts of trustees to be good discharges

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

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

vi. 784
In default of appointment to her for life vi. 785
Whose receipt alone shall be a discharge

Maintenance to be allowed her during her mino-

vi. 786
pon the decease of the testator's daughter, in trust
for her children as she shall appoint

In default of appointment, amongst them equally vi. 787
To be paid after death of the mother, to sons at

vi. 788
And to daughters at twenty-one or marriage ib,

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-

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

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

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

vi. 799
A devise to a natural son

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

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

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

Devise of an advowson iv trust for a term

vi, 804
Devise of lands in mortgage to a testator

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

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

Bequest of legacy to a servant




And also of an annuity

Guardian, appointment of a testamentary guardian
to legitimate children

vi. 807
And to natural children


* Otherwise such children would be entitled to an equal division
of the residue.

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