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revocative of wills; see REVO-2. Successions to property how regu.
lated prior to the twelve tables ib. 3
3. Number of witnesses necessary

CATION 27, et seq.

SUBSCRIPTION.

See SIGNATURE;-WITNESSES.

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TESTATOR.

1. Who may be a testator

4, note

27-32

2. Declarations of testator, how far ad-
missible as evidence

459

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363 See CHARITABLE USES ;-WILL 28

1. Military tenures, when abolished 17
2. Influence on the disposal of landed

property

ibid.

W.

TESTAMENT.

WIFE.

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

wives

See MARRIED WOMEN.

508

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3. Of the Testamenti factio among the
Romans
2, note
4. Successions to property how regu-
lated previously to the twelve tables
ibid. 3

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surrendering these equitable estates to
the uses of a will, they seem to be out
of the statute

44

23. All equitable estates of freehold
must be devised by will duly exe-
cuted
ibid.

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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.)

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75

98

31. What things affixed to the freehold
will
pass by will
32. Trees will not pass by will unat-

tested

33. Nor grass or herbage
34. Nor heir-looms

99

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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

111

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

145

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

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191

193

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

378

388

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.

209

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

258

261

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

ibid.

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

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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-

ments

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

589

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

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688

689

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

3 A

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

698

699

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

23-26

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note

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

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194
15. Qualifications of witnesses neces
sary to establish a nuncupative testa-

ment

204

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