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
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
3. Of the case mentioned by Cicero in his treatise De Oratore 384, note.
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-
See FUNDS, 1; LANDS, 3, 4.
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.
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
1. Persons outlawed incapable of be queathing their goods
2. But may devise lands
only revocations pro tanto 337 See EVIDENCE, 11, 13.
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
7. When an act is done under a power, the law views it as done by the granter of the power
A power may be exercised, without reciting it
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
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
1. Presumptions against double por- See WILLS 71 et seq.
1. No prohibition to the Ecclesiastical See EQUITY of Redemption. Court will lie, in matters merely spi- ritual
1. Formality of publication before the
1. Effect of a re-entry upon a condition broken
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
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
3. Difference as to the effect of dissei- sin and subsequent entry, where the disseisin is before, and where it is after the will
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
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.
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
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-
15. So, a power of appointment ill executed ibid. 16. So, grants to persons under disa- bilities
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.
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
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