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4. Effect of a woman's marriage upon | 8. Difference between an equity of
her will.
411 redemption and a mere trust,
338, note (4).

5. The marriage of a woman after mak-
ing her will is alone enough to revoke
it, without the birth of a child, ibid.
6. Whether, if she become discovert
again, and die a widow, the will is
revived?
413
7. A married woman may execute a
power, given to her while sole 415

MISTAKE.

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

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383 See TITLE, CHARITABLE Uses.

2. Where testator expressly revokes
under a misapprehension of facts, the
revocation fails
384

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

N.

NAME,

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

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

TIES 2, 3.

MONEY.

See FUNDS, 1; LANDS, 3, 4.

MORTGAGES.

testator's name

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573, note

NAVIGATION SHARES.

See DEVISE, 2.

NUNCUPATIVE WILL.

1. Under what circumstances now ad-
mitted
204

1. Mortgages, in equitable considera-2.
tion, are not within the clauses re-
specting wills in the statute of frauds,

103
2. Will not in general pass by a devise
of lands, tenements, and heredita-
104 and note.

ments

3. Mortgagor cannot pass his equity of
redemption by a will unattested 105
4. The equitable consideration of a
mortgage, as personal estate, is not
to narrow the effect of the statute of
mortmain
106, note, 221
5. Different consideration of mort-
gages in courts of law and equity
333 and note.
6. In equity, conveyances by way of
mortgage, or for payment of debts
generally, are only revocations to the
extent of the charge 332, 334
7. True ground, on which mortgages
in fee are considered in equity, as

Qualifications of witnesses necessary
to establish a nuncupative will ibid.
Degree of evidence requisite ib. 205
4. Of altering a written will by a nun-
cupative disposition

3.

5.

6.

206

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1. Persons outlawed incapable of be
queathing their goods

2. But may devise lands

P..

PAROL EVIDENCE.

only revocations pro tanto 337 See EVIDENCE, 11, 13.

33

ibid.

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3.

4.

5.

cuted generally by will, without any
directions as to the mode in which
such will is to be executed, must be
executed by a will attested according
to the statute of frauds
ibid.

So, with respect to trust estates 63
But, if such power extend to per-
sonal as well as real estate, and the
will be unexecuted to pass real, it may
nevertheless be effectual to pass per-
sonal estate
ibid.

If an agreement be entered into, to
charge lands with such sums as a
stranger shall by his last will direct,
such direction will be good if made
by an unattested will
6. Semble otherwise, if such

given or reserved to the
owners of such inheritance

64

power be

owner or
ibid.

7. When an act is done under a power,
the law views it as done by the
granter of the power

8.

9.

69, note.

A power may be exercised, without
reciting it

71 note.

A man cannot by will reserve a power
of disposing of real estate by a future
unattested will or codicil 72 and note.
10. An appointment by will, in execu-
tion of a power, works by the will ac-
cording to the nature and qualities of
that instrument

391

11. Such an appointment therefore is
revocable, without any fresh power
reserved
392 and note, 393
12. A married woman may execute a
power given to her while sole 415
13. Precedent of power given in a will
to portion children
516, 518

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PRECEDENTS.

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

tions

432

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1. No prohibition to the Ecclesiastical See EQUITY of Redemption.
Court will lie, in matters merely spi-
ritual

PUBLICATION.

195 note.

1. Formality of publication before the

RE-ENTRY.

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

137

1.

2.

statute of frauds
2. What is now requisite to constitute
a sufficient publication 138, 140
3. Publication of a will before three
witnesses, at several times, is suffi-
cient
173

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2. What offences disqualify
3. The infamy of the offence, and not of
the punishment, disqualifies

ib. 150, 151, and note.

4. If the competency of a witness, after

RELATION.

320

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3. Difference as to the effect of dissei-
sin and subsequent entry, where the
disseisin is before, and where it is
after the will

318

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1.

RENEWAL.

RENT.

Devise of rent out of land must be
by will attested by three witnesses 88

being lost, has been restored before See LEASE 3, 4
the attestation, the credit required by
the statute of frauds is also restored,
except in the case of a conviction of
perjury on the statute 151 and note.
5. Qualification of attesting witnesses
in the civil law
152, note.
6. The rule of the Spiritual and Com-
mon Law Courts, where the witness
was a legatee or devisee

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ibid.

republication of a will since the sta- | 8. Secus to a stranger
tute of frauds
480 9. Or, if with a different commence.
3. A will may be republished by repeat-
ib. 271
ing the ceremonies required by the
481, note.

statute

4. If an estate be limited to B. and his
heirs, and B. die in the testator's life-
time, the devise lapses; and a re-pub-
lication of the will does not give to
the heir of B. a claim by purchase

483
5. Every codicil, duly executed and
attested, (unless it be confined in ex-
pression,) is a re-publication of a pre-
vious will
490
6. If a will has a specific reference to a
thing subsisting when it was first pub-
lished, but subsequently withdrawn,
the re-publication of it by a codicil
will not make it operate upon another
thing which has come by substitution
into the place of the thing so with-
drawn, though similar in amount and
quality
7. Re-publication of wills of personal

estate

493

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10. Where there are two inconsistent
wills of the same date, or both with.
out date, they are both void for uncer-
tainty
272

11. No intention to revoke can be in-
ferred from a will of lands not exe.
cuted according to the statute

274 and 275, note.
12. But other legal acts, though instru
mentally inoperative, may nevertheless
revoke a will

275
13. Thus a will duly executed, though
from extrinsic circumstances rendered
inoperative, may nevertheless operate
to revoke a prior will
ibid.
14. So, imperfect instruments of con-

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-

277

15. So, a power of appointment ill
executed
ibid.
16. So, grants to persons under disa-
bilities

279

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21. So an ineffectual recovery
22. So, a feoffment by a tenant in fee,
after making his will, to his own use
in fee, is a revocation
287
23. Conveyance upon a special trust, or
for a particular purpose, how far a re.

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287
24. Where that, which is done to an
equitable estate, would (if the estate
were legal) pass it out of one person
to another, such act is a revocation in
equity
290
25. If testator's estate be parted with
but for a moment, and taken back to
the same use, the will is revoked 292
26. Testator must be actually seised at
the time of making his will

295

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