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that he did not dispute the will, he
111 1. Difference between alteration and
248, note. quality of the estate it is a fresh ex-
ercise of the disposing power
173, et seq.
subscribing witnesses may prove the
and words of recommendation and 3. And if all the witnesses deny their
231 circumstances to prove the due exe-
304 scribing witnesses can be received
5. Of the proof to establish a will in
105 witness is sufficient, 189, 190, 191
10. Of the degree of evidence neces.
46 12. Whether parol evidence be admis.
estate comes to the heir by proper in the case of double legacies in the
49 same and distinct instruments, 384
chased cannot be had, other lands sorts of evidence are admissible to
377, note. rebut presumptions, and even that
ibid. ment, which is referible to presump:
619, note force: but not where it is a question
as to the construction of words qua
281, et seq.
words, or as to the effect of limita-
FELO DE SE.
446 See MARRIED WOMEN, WIFE.
449, note. 1. Nature of, in the Roman law
9, 10, note.
451 2. Acts fraudulently done or procured
rol evidence to rebut the presumption can effect a revocation
453 FRAUDS (STATUTE OF).
weight all these declarations are ad- 3. A sum of money devised out of land
455 is part of the land in equity, and such
disposition is within the statute of
his own benefit, and how far the sta- of this section, whereby it is brought
448_450 FRAUDULENT DEVISES.
creditor's making his debtor his ex- 2. Excepting clause, its effect, 245
473, note (12) 3. Devise for payment of debts out of
ibid. the rents and profits only, within the
of debts does not provide for it in a
6. Of the estate pur auter vie under the
statute of frauds
8. Duration of guardianship - 240
estate in customary freeholds, must 10. Of the powers of a testamentary
be devised by will duly executed and assets in the hands of heirs, 29 Car.
101 in his hands, ibid. § 12 . 50+
leaseholds, devise all his lands and rately by the owner of the fee simple,
in what case
524, note (6).
1. An infapt cannot make a will of
230 infants are enabled to devise lands, 45
234 tels commences in males at 14, in
239 1. Difference between tenants in com-
11. Lands, acquired by purchase after
the will, do not pass by it 296
12. A right of entry into lands is not
298 and note.
title relaxes, 'and the lands pass by a
77 | 14. All devises of lands are specific
is part of the land in equity; and revocation of a will, whether it be of
802. Difference between freehold and
81 | 4. If the renewed lease be not executed
in testator's life.time, an agreement
real and personal estate to be equally have passed the leases if renewed in
9, 10, note.
by will attested by three witnesses 88 donatia mortis causa 13, pote,
holds, devise all his lands and tene- lapsed, or void for some legal objec-
nements at a particular place, and have 6. Wherever the subject of a specific
and the birth of a child is an implied
revocation as well of a will of real as
ibid. note (3),
3. Whether the previous disposition of
the whole estate is necessary to
397, note (4).
4. Lord Mansfield's doctrine in respect
dence to rebut the presumption, 397
5. The principle of the rule according
birth of more children by a first mar-
of a posthumous child operate as a
8. The rule does not depend so much
under the will of the testator 33 tacit condition, that in the event of
77, note. 9. Both marriage and the birth of a
152, 153 and note. 10. Conditions in restraint of marriage
how considered by Courts of Equity
1. Of their capacity to make a will, 28
2. Io what manner their testamentary
power, by the custom of London, 3. May make wills with consent of
993, Dote (2), 394