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CONTAINED IN THIS VOLUME.
6. Determinations of the courts upon
the accumulation act 678 note.
person, by deed or will, &c. shall surrender, • 326, 685 note.
real or per
514 | 2. Alteration, being a fresh exercise of
sions for payment of debts, or for to be re-executed to give effect to the
515 3. And so it seems does erasure if it
2. Of mistakes in the names of per-
4571. As to the persons capable of attest-
used happens to belong to a person TiON, SIGNATURE 8, WITNESSES.
testator's contemplation 457 see the witnesses attest the execution
461, 464 4. Not sufficient that the testator be
465 his faculties, so as to give him a
467 5. Whether the acknowledgment by
lar passages by the context 468 tator, would be sufficient 169
stances out of the will for explaining subscribing witnesses of a will may
470 and note. prove the attestation by the others,
466 wise - 179, 186, 188, and Bote.
470, note 11. hands, still the devisee may go into
cution of the will
467, note 10. 8. Distinction between the attestation
of wills and deeds
10. Provisions of 25 Geo. 2. c. 6.
respecting attestations of wills and
12. So if one of the witnesses be be-
226 13. Or have become insane 190
247, 248 and notes. account of a witness's handwriting
503 And see SIGNATURE 8; WITNESSES
by 29 Car. 2. c. 3. $ 12. 503
2. And shall be assets in the heir's | 7. Of the presumption from finding a
hand, &c. where there shall be no cancelled and an uncancelled will,
504 8. If testator makes duplicates and
follow the inheritable nature of the 1. Favour shewn to charitable gifts
55 made for value by the trustees 227
3. A bequest to erect a charitable
foundation imports a purchase, and
without any specification of the ob-
jects, are to be effected 230
5. And what is the legal notion of
And See MORTMAIN.
1. Statute of 10 and 11 Wm. 3. c. 16.
concerning children in ventre sa
365 posthumous children 403, note.
and in terms revokes the first, but
71 et seq.
be done animo revocandi, to be an none in our law, as to publication,
between wills and codiciis, 154, note.
367, note. 2 If a testator ratisies and confirms
370 codicil which has been made to it,
ibid, changed any part of it, it is confirm.
4. In what sense a codicil is to be
or of wills
Hardwicke on this point
tion of the uses of a copyhold sar.
rendered, may be without writing, 40
4. Attested will of copyhold may be
revoked by an unattested will ibid.
5. How far such will, though operat-
ing as an appointment or declaration
18, 21 6. After-purchased copyholds do not
and words of recommendation and republished by a surrender 303
cient to pass future interests in per- ing the legal estate in him, at the
sumptions and positive rules of con- of debts, attestation of the will by a
435, 436 note creditor is good, and he is a good
not to be opposed by extrinsic See Dert, 2–4; Devise, 5, 6, 8;
446 LEGACY, 8-10
finite an object of devise as the word
459, note (3).
out of the instrument, and infer the be duly executed and attested 41
470 surrendering these equitable estates
617, note out of the statute of frauds
must be in writing
12. If a testator, having the legal
estate, devises it and then passes it
to trustees for himself and his heirs,
must be brought against the heir and 13. Devise of lands to executórs for
payment of debts, revoked by a sub-
433, 434 devise of testator's estates be re.
conflicting rules, that a debtor is not for after such general devise will
434, note. his heirs, and B. die in the testator's
debt, by a devise to the debtor, and republication of the will does not
473 to a man and the heirs of his body,
a will, the devise shall be void, and
the attestation effectual, 25 G. 2.
88 FRAUDULENT DEVISES 3, 4; REYO..
toms, market, fair, piscary 89 DONATIO MORTIS CAUSA,
212, note; 214. note. 2. Its nature defined ibid. 12, note.
243 donatio mortis causú 12, note
4. Distinction between it and a legacy,
247, note. 1. An unexecuted will is not even of
a case of election against a person
Z Z 2