revocative of wills; see REVO-2. Successions to property how regu. lated prior to the twelve tables ib. 3 3. Number of witnesses necessary
SUBSCRIPTION.
See SIGNATURE;-WITNESSES.
TESTATOR.
1. Who may be a testator
2. Declarations of testator, how far ad- missible as evidence
363 See CHARITABLE USES ;-WILL 28
1. Military tenures, when abolished 17 2. Influence on the disposal of landed
See NUNCUPATIVE WILL, and WILL 1. Husbands, not compellable to dis-
TESTAMENTI FACTIO.
1. Progress of the Testamenti factio in the Roman jurisprudence 2, note
tribute the personal estate of their
3. Of the Testamenti factio among the Romans 2, note 4. Successions to property how regu- lated previously to the twelve tables ibid. 3
surrendering these equitable estates to the uses of a will, they seem to be out of the statute
23. All equitable estates of freehold must be devised by will duly exe- cuted ibid.
24. Wills of lands devisable by custom, must be in writing 45 25. Defective execution of a will, when helped by equtty 69 26. A man cannot by will reserve a power of disposing of real estates by a future unattested will or codicil
72, and note 27. An instrument, not intended to have effect till the death of the party, is testamentary in its operation and quality, whatever may be its form 73 28. Difference between a conveyance to uses, and a will, in respect to the legality of reserving a power of fu- ture disposition
74 29. Every paper, to which a will duly attested refers, if it comprise a dispo- sition of real property, to be effeetual as a testamentary paper, must be in- corporated originally into the will, or be executed according to the statute; and such paper, to be so incorporated, must be distinctly referred to and de- scribed by such will 30. Of wills charging lands 77-90 (And see title LANDS.)
31. What things affixed to the freehold will pass by will 32. Trees will not pass by will unat-
33. Nor grass or herbage 34. Nor heir-looms
35. But growing corn will 36. An unexecuted will is not even of force to raise a case of election against a person taking a benefit in the per- sonal estate by the same will 107 37. But if in such unexecuted will there is a legacy to the heir, upon condition that he did not dispute the will, he is put to his election 38. Of the testator's signature, and the subscription of the witnesses 121
39. Formality of publication 137 40. A will, though it be proceded in at different times, and often suspended and resumed, will need only one exe- cution 140
41. Of the execution of a will written on different pieces of paper 141-144, and note 42. Difference between a writing in con- tinuation of a will formerly begun, and a republication 43. The subscription of a will need not take notice that they attested in the testator's presence ibid. 44. Of the time and manner of making the attestation 163 45. Proof of wills relative to personal property 46. Of proving a will in the common and solemn forms
47. Of the form of the testament, 195 48. A memorandum, written by a per-
son in contemplation of death, and with a design to make it operative after that event, may be proved in the Ecclesiastical Court as testamentary; and if so received, will be supported in Equity 196, 200 49. Of altering a written will by a nuncupative disisition 206 50. Of soldiers' and seamen's wills,
58. Of the resemblance between wills and conveyances to uses 800 note. 59. Difference, as to the nature of a will according to the civil law and the law of England . 301 60. After-purchased copyholds do not pass by the antecedent will 303 61. Except where the will is repub lished by a surrender ibid. 62. A will may be so confined in terms as to be of necessity revoked by partition 347
63. Testator may by will pass any future chattel interests whatsoever, provided they come within the de- scription of the bequest 357, 358 64. In case of alteration, a will must be re-executed
65. If a man ratify and confirm his last will, he ratifies and confirms it with every codicil which has been made to it; and if an intermediate codicil has charged any part of it, it is confirmed with these charges, for the codicil is part of it 66. But, if a will be made, and then another will making some different dispositions, and then a codicil con- firming the will first made, the al- terations made by the intermediate will are gone 67. Married women may make will with consent of their husbands 393, note (2) 394 239, 240 68. Evidence and construction of wills 428, et seq. 69. Of the republication of wills 476 70. Provisions of 39 and 40 Geo. 3.
51. Appointment of guardians by deed revocable only by will duly executed
52. A man cannot make an irrevocable will 256 note (11) 53. An instrument designed as a will, and not made merely to revoke a former will of the same lands, will not take effect unless executed agrecably to the statute
54. Of inconsistent wills
55. Testator must be actually seised at the time of making his will 295 56. Lands, acquired by purchase after the will, do not pass by it 296 57. Contingent and executory interests are deviseable ibid. note
c. 98. for restraining all trusts and directions in deeds or wills, whereby the profits or produce of real or per sonal estate shall be accumulated, and the beneficial enjoyment thereof postponed beyond the time therein limited 514-516 71. Precedents of wills 516, et seq. 72. Power given in a will to a per son to whom a life estate is limited, to charge the estate with portions for
younger children, varying in amount, according to the number of children 516-518 to be provided for 73. Form of a will, containing dispo- sitions of real and personal property, the whole to form one fund and go 519-530 as personal estate 74. A will disposing principally of real property in shares, among chil- dren and grandchildren 531-539 75. A will disposing of real and per- sonal estate by way of provision for. 540-552 children
76. A will, comprising various dispo- sitions of real and personal estate, partly of testator's own estate, and partly in performance of various trusts and obligations imposed on him by antecedent settlements 552 77. Of the clause making accruing shares subject to survivorship
526, note (7) 78. Will disposing principally of real property in shares among children 531 and grandchildren 79. Will disposing of real and per- sonal estate by way of provision for children
540 80. What articles comprehended un- der different words and phrases
540-542, note 81. Will of real and personal estate, partly of testator's own estate, and partly in performance of various trusts imposed by antecedent settle-
552 82. Will, directing a settlement, with limitations in a strict form, for pre- serving the estate in the family of 565 the testator 83. Where testator's object is to pre- serve the devised estates, as long as long as possible in his family, how 567, note this is to be effected 84. Where the estate directed to be purchased cannot be had, other lands may be bought 85. Where the place and not the estate ibid. is specified 86. Of the effect of the clause direct-
ing leaseholds to be settled, as far as the law will allow, upon trusts cor- respondent to the uses of the free- 584, note hold 87. A will, disposing only of personal property
88. Will, comprising directions for a settlement of freehold, copyhold, and leasehold estates, with various limitations and provisos, by way of annuities and rent-charges; contain- ing also various bequests of chattels 617 and sums of money 89. A merchant's will, providing for the continuance of his trade under of his executors for the management the benefit of his family, and for the future introduction of his sons into 643 the business 90. Comprehensive devise and be- quests of various descriptions of property to trustees, for sale and ac- 676 cumulation of the produce 91. Devise of an advowson to trustees to present a certain person to the next avoidance
683 92. Words of a will whereby a testa- tor charges his debts, legacies, &c. 683 all his estate upon 93. Clause to prevent an annuitant un- der the will from parting with his 684 annuity. 94. Devise of copyholds and lease- holds for lives and years, to trustees, to the same uses as the freehold 685 95. Devise of the residue of the tes- tator's personal estate, in trust to sell, call in, dispose of, and convert into money, such part as shall not consist of stock or real securities, and invest it in securities, and there. out to make provision for a collateral relation
96. Bequest of Jewels, &c. 97. Appointment under a power for the benefit of testator's younger 691 98. Clause in a will directing a power of leasing, and of selling and dis posing, to be inserted in the settle
children 577, note
ment directed to be made of the tes- tator's real estates 693 99. Clause in a will by which the tes- tator, after limiting his real estates to his son for life, remainder in the strict form to the sons of such son successively in tail male, limits the same to his two daughters, in moie- ties, with survivorship, for life, to take exclusively of their husbands, with the same remainders in tail to their respective children in succes- sion, with cross ultimate remainders; the whole being directory of a settle- ment to be made 695 100. Devise of a sum to be applied in releasing poor prisoners 697 101. A preamble to a will, the testator being about to go to sea 697 102. A general form of a codicil to a will, where only some few additional legacies are given 698
103. Another general form of a codicil to a will, where several legacies are revoked
104. A nuncupative will
105. Conclusion and attestation of a will written on several sheets 700 106. Common form of attestation 701 107. Attestation of a codicil ibid. And see the followings titles in this In- dex, viz. ACCUMULATION; AL- TERATION; CANCELLING; CHA- RITABLE USES; DEVISE; DONA- TIO MORTIS CAUSA; ERASURE; FREEHOLD; GUARDIAN; LEASE; LEGACY; MARRIAGE; MISTAKE; MORTGAGES; MORTMAIN; NUN- CUPATIVE WILL; PARTITION; POWERS ; PUBLICATION; RELA- TION; REPUBLICATION; REVOCA- TION; SOLDIERS AND SEAMENS' WILLS; SIGNATURE; SUBSCRIP- TION; TEARING.
WITNESSES, 1. Not necessary that they should be acquainted with the contents of a will
9. Qualification of witnesses in the Roman law 152, 153, and note. 10. The rule of the Spiritual and com- mon law Courts, where the witness was a legatee or devisee, 154-156 11. A person interested at the time of examination, but not at the time of executing the will, is a good witness, 159, note. 12. Witnesses may subscribe at dif ferent times 170 13. Practice of the civil law on this point 171, 177, note. 14. Of the general necessity for two witnesses to establish a fact in the Ecclesiastical Courts
194 15. Qualifications of witnesses neces sary to establish a nuncupative testa-
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