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act

4. Effect of a woman's marriage upon 8. Difference between an equity of
her will

.411 redemption and a mere trust,
5. The marriage of a woman after mak-

338, note (4).
ing her will is alone enough to revoke
it, without the birth of a child, ibid.

MORTMAIN.
6. Whether, if she become discovert 1. Import of a “gift in mortmain,' 210

again, and die a widow, the will is 2. Origin and effect of the statutes of
revived?
413 mortmain

ibid. 211
7. A married woman may execute a

3. Provisions of the mortmain act, 9
power, given to her while sole 415 G. 2, c. 36

216, 217
4. Lord Hardwicke's exposition of the
MISTAKE.

218
1. Of mistake, as affecting the revo-
cation of wills

383 See TITLE, CHARITABLE Uses.
2. Where testator expressly revokes

under a misapprehension of facts, the
revocation fails

384

N.
3. Of the case mentioned by Cicero in
his treatise De Oratore 384, note.

NAME,
4. The mistake must appear to be in Of the clause directing the adoption of
that, which constituted the impelling

testator's name

573, note
motive to the revocation 385 & note.
5. Mistake in names; see AMBIGUI-

NAVIGATION SHARES.
TIES 2, 3.

See DEVISE, 2.
MONEY.
See Funds, 1; LANDS, 3, 4.

NUNCUPATIVE WILL.

1. Under what circumstances now ad.
MORTGAGES.
mitted

204
1. Mortgages, in equitable considera- 2. Qualifications of witnesses necessary

tion, are not within the clauses re- to establish a nuncupative will ibid.
specting wills in the statute of frauds, 3. Degree of evidence requisite ib. 205

103 4. Of altering a written will by a nun-
2. Will not in general pass by a devise cupative disposition

206
of lands, tenements, and heredita- 5. The provisions of 29 Car. 2, c. 3,
ments

104 and note. respecting nuncupative wills 506,507
3. Mortgagor cannot pass his equity of 6. Exception as to soldiers’and seamen's
redemption by a will unattested 105 wills, 29 Car. 2, c. 3, \ 23

507
4. The equitable consideration of a

mortgage, as personal estate, is not
to narrow the effect of the statute of

0.
mortmain

106, note, 221
5. Different consideration of mort-

OUTLAW.
gages in courts of law and equity 1. Persons outlawed incapable of be-
333 and note. queathing their goods

33
6. In equity, conveyances by way of 2. But may devise lands ibid.

mortgage, or for payment of debts
generally, are only revocations to the
extent of the charge
332, 334

P.
7. True ground, on which mortgages

in fee are considered in equity, as PAROL EVIDENCE.
only revocations pro tante 937 See EVIDENCE, 11, 13.

422 et seq.

cuted generally by will, without any
PARTITION.

directions as to the mode in which
1. Mere partition is no revocation of a such will is to be executed, must be
will

340 executed by a will attested according
2. Difference between joint tenants and to the statute of frauds ibid.

tenants in common, as to the effect of 3. So, with respect to trust estates 63
partition

ib. note.

4. But, if such power extend to pero
3. 'Where there is any other purpose sonal as well as real estate, and the

declared beside the mere purpose of will be unexecuted to pass real, it may

the partition, the will is revoked 341 nevertheless be effectual to pass per.
4. Case in which a will must of neces- sonal estate

ibid.
sity be revoked by partition 347 5. If an agreement' be entered into, to

charge lands with such sums as a
PERFORMANCE.

stranger shall by his last will direct,
Distinction between performance and such direction will be good if made
satisfaction in equity

by an unattested will

6+
6. Semble otherwise, if such power be
PERSONAL ESTATE.

given or reserved to the owner or
Į Personal estate is liable in the first

owners of such inheritance ibid.
instance to the payment of debts 7. When an act is done under a power,

84, 85, note. the law views it as done by the
2. But merely charging the real estate, granter of the power 69, pote.

or even creating a term for the pay- 8. A power may be exercised, without
ment of debts, does not exempt the reciting it

71 pote.
personalty

85 note. 9. A man cannot by will reserve a power
3. Of the proof of wills respecting of disposing of real estate by a future
personalty ; see Evidence ni unattested willorcodicil 72 and note

.
4. The advantage of testator's treating 10. An appointment by will, in execu-
all the property as personal

tion of a power, works by the will ac-
519 note.

cording to the nature and qualities of
5. Of the conversion of real into per- that instrument

391
sonal estate in equity, when partial and 11. Such an appointment therefore is
when total

522 note. revocable, without any fresh power
6. No nuncupative revocations of wills reserved

392 and note, 393
of personal estates since the statute of 12. A married woman may execute' a
frauds

202

power given to her while sole

13. Precedent of power given in a will
See LANDS 6.

to portion children

415

516, 518

PISCARY.
See DEVISE 2.

PREAMBLE.
A solemn one

606, and note,

PORTIONS.

PRECEDENTS.
1. Presumptions against double por- See WILLS 71 et seq.
tions

432
2. Precedent of power, given in a will,

PROBATE.
to portion children

516, 518 1. Probate of a will not necessary, to

entitle a legatee to recover out of the
POWERS.

real estate
1. Of powers to be executed by will 62 2. Of proving a will in the common and
2. Powers of appointment, to be exe- solemn form

77 note.

193

3. Of the general necessity for two wit-17. A person interested at the time of

nesses to establish a fact in the Ec. examination, but not at the time of
clesiastical Courts

194 et seq.

making a will may give evidence
4. Probate not necessary to the validity

159, note
. of the appointment of guardians un-

der the statute of frauds 239
5. Regulation of 29 Car. 2. c. 3. sec.
21. respecting probates of wills 507

R.
PROHIBITION.

REDEMPTION.
1. No prohibition to the Ecclesiastical See EQUITY OF REDEMPTION.

Court will lie, in matters merely spi-
ritual

195 note.

RE-ENTRY.

1. Effect of a re-entry upon a condition
PUBLICATION.

broken

320
1. Formality of publication before the
statute of frauds

137

RELATION.
2. What is now requisite to constitute 1. Doctrine of relation, respecting the
a sufficient publication 138, 140 revocation of wills

317
3. Publication of a will before three 2. Relation, strictly defined 323

witnesses, at several times, is suffi- 3. Difference as to the effect of dissei.
cient

173 sin and subsequent entry, where the

disseisin is before, and where it is
PURCHASERS.
after the will

318
1. Of the clause, in wills, for discharg- 4. Relations will, in many instances,

ing purchasers, and of their liability help acts in law, but will never help
in the absence of such clause, to look acts of the parties 319, note.
to the application of the purchase 5. But they will not defeat lawful col.
money
520, note. lateral acts

$20, note.
6. If testator aliens upon condition, after

making his will, and then enters for
Q.

the condition broken-query, is the
will revoked

321
QUALIFICATION.

7. Of the relation in respect to copy-
1. Of the qualification of witnesses to a holds, of the admittance to the sur-
148 render

326
2. What offences disqualify 149 8. The execution of all things execu-
3. The infamy of the offence, and not of tory respects the original act,

and shall
the punishment, disqualifies

have relation thereto 332, note,
ib. 150, 151, and note.
4. If the competency of a witness, after

RENEWAL
being lost, has been restored before See LEASE 3, 4
the attestation, the credit required by
the statute of frauds is also restored,

RENT.
except in the case of a conviction of 1. Devise of rent out of land must be

perjury on the statute · 151 and note. by will attested by three witnesses 88
5. Qualification of attesting witnesses
in the civil law

152, note.

REPUBLICATION.
6. The rule of the Spiritual and Com- 1. Effects and meaning of republication

mon Law Courts, where the witness
was a legatee or devişee

154, 156 ! 2. Whether there can be any implied

will

277

republication of a will since the sta- | 8. Secùs to a stranger

ibid.
tute of frauds

480 9. Or, if with a different commence.
3. A will may be republished by repeat- ment

ib. 271
ing the ceremonies required by the 10. Where there are two inconsistent
statute

481, note. wills of the same date, or both with.
4. If an estate be limited to B. and his out date, they are both void for uncer.
heirs, and B. die in the testator's life- tainty

272
time, the devise lapses ; and a re-pub-11. Nó intention to revoke can be in.
lication of the will does not give to ferred from a will of lands not exe.
the heir of B. a claim by purchase cuted according to the statute

483

274 and 275, note.
5. Every codicil, duly executed and 12. But other legal acts, though instru.

attested, (unless it be confined in ex. mentally inoperative, may nevertheless
pression,) is a re-publication of a pre- revoke a will

275
vious will

490 13. Thus a will duly executed, though
6. If a will has a specisic reference to a from extrinsic circumstances rendered

thing subsisting when it was first pub- inoperative, may nevertheless operate
lished, but subsequently withdrawn, to revoke a prior will ibid.
the re-publication of it by a codicil 14. So, imperfect instruments of con.
will not make it operate upon another veyance
thing which has come by substitution 15. So, a power of appointment ill
into the place of the thing so with- executed

ibid.
drawn, though similar in amount and 16. So, grants to persons under disa-
quality
493 bilities

279
7. Re-publication of wills of personal 17. Acts fraudulently done, or procured
estate

496 to be done, are no revocation
8. The destruction of the revoking in-

281–284
strument may operate as an implied 18. Nor, a deed executed by nistake
re-publication by setting up the ori-

282, note.
ginal will
497 | 19. Subsequent conveyances revoke a

265
REVOCATION OF WILLS: 20. A recovery by tenant in tail, after
1. Of the revocation of wills, under the making his will, to his own use, is a
statute of frauds
251 revocation

286
2. Revocations express or implied

21. So an ineffectual recorery 287

256, 257 | 22. So, a feoffment by a tenant in fee,
3. A will, though rendered inoperative after making his will, to his own use
by existing circumstance may revoke in fee, is a revocation

287
a former will

258, 259 23. Conveyance upon a special trust, or
4. Where there is any inconsistency be- for a particular purpose, how far a re.
tween two wills, the revocation of the vocation

287
former by the subsequent will is con- 24. Where that, which is done to an
fined in its extent to the subjects of the equitable estate, would (if the estate

inconsistent dispositions 261 were legal) pass it out of one person
5. An expressed intention to revoke, no to another, such act is a revocation in
actual revocation
268 equity

290
6. Inconsistency between the will and 25. If testator's estate be parted with
subsequent acts

ibid. but for a moment, and taken back to
7. Grant of a less interest, than was the same use, the will is revoked 292

given by the will, to the same person 26. Testator must be accually seised at
operates as a revocation in toto 270) the time of making his will 295

a will

27. If a testator having an equitable

estate, makes his will and afterwards
takes a conveyance of the legal estate
to himself and his heirs, it is no revo-
cation

305, and note
28. Secùs, if having the legal estate, he

devises it, and then passes it to trus-

tees for himself and his heirs ibid.
29. If, where the legal estate is called

in after a new will made, any new
use is engrafted upon it, the will is

revoked
30. Revocation in equity by articles to

sell for valuable consideration 315
31. Revocation of wills, how far af.
fected by the doctrine of relation

317, et

seg.
32. Where testator aliens upon condi-

tion, after making his will, and then
enters for the condition broken

321
33. How far mortgages operate as a

revocations of wills
34. Alteration of testator's estate, is a

revocation of the will 337, note
35. Cancelling is a revocation 365
36. Of revocations by codicil 387
37. Revocations of wills of personal

416

tator's own hand with his name in.
serted

122
3. Nor is it material whether such sig-

nature be at the top or bottom of the
will

ib. note, and 123
4. But if testator begin to sign in re-

gular form, and does not complete it,
the statute is not satisfied

124
5. Whether sealing is signing 125, 127,

and note, 131
6. Whether making a mark, 'where the

party is unable to write, is a sufficient
signature

128
7. The practice of the civil law, where

the testator could not write 131, note
8. Sufficient, if witnesses attest upon

the acknowledgment by the testator,
without seeing him actually sign

131, 252, 256, note (2)

ibid.

332, et seq.

SOLDIERS' AND SEAMEN'S

WILLS.
1. Soldiers and Seamen may make pun-
cupative wills, under what restrictions

209
SPECIAL OCCUPANT.
1. Whether an executor might be a spe-
cial occupant

53
STALLAGE (PROFITS OF)
See DEVISE, 2

estate

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STAMP.
1. If testator had his name on a stamp,

it would be sufficient if he impressed
his name instead of writing it 131

S.

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SATISFACTION (IN EQUITY).
1. Distinct meanings of the terms satis-
faction and performance

420
2. Satisfaction is the general term ex-

pressing the final effect of perform-
ance, election, and reformation - 424

SIGNATURE.
1. What is a sufficient signature to a
will

121
2. Sufficient if a will be written by tes.

SUBSEQUENT ACTS.
1. Subsequent acts in equity, how fa

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