for, prior to the passing of the 32 and 34 Henry VIII., a wife and children could not be debarred from taking a certain share of the estate of the husband, and he could only bequeath the remainder after these shares had been put on one side; and even if there were no wife or child, he was bound to leave a portion of his estate to the Church.

Although the Act before alluded to, and those subsequent-i.e., 4 and 5 William and Mary, cap. 2; 7 and 8 William III., cap. 38; and 2 and 3 Anne-extended the powers of testators, it was not until the passing of the "Wills Act," 1 Victoria, cap. 26, that perfect freedom as to the disposition by will of all kinds of property could be said to have become the law.

This statute enacts: "That it shall be lawful for every person to devise, bequeath, and dispose of by his will, executed in manner hereinafter required, all real and personal estate which he shall be entitled to, either at law or in equity, at the time of his death," &c. Seeing, then, that by the law of this country the onus is thrown upon the parent to distribute the property amongst the family in a manner most conducive to its benefit, it is the duty of every person who has property to leave, and who does not shrink from the responsibilities attaching to it, to make a will: and the first object of this book is to help him to do so in conformity with the law; next, to instruct his executors in the task of proving his will and distributing his property in accordance with it; and lastly, to afford the necessary information to those persons concerned in distributing the property of those who die without having made a will-in other words, intestate.

It is right, however, to inform the reader that, in cases where very large estates are intended to be disposed of, or where any complication exists, no will should be made or property administered without professional assistance.

ON MAKING WILLS.

CHAPTER I.

A WILL being merely the expression in writing of the mode in which a person desires his property to be divided, the more simple and concise it is in its construction the better. There is no need for the use of technical or legal terms, but as it is absolutely necessary that the will should be made in conformity with the law, without which not only a bequest but even the will itself might be void, those sections of the Act, 1 Vict., cap. 26, generally denominated the "Wills Act," which particularly require attention, are here inserted with a few remarks upon each.

An Act for the Amendment of the Laws with respect to Wills. -3rd July, 1837:

"Be it enacted by the Queen's most Excellent Majesty, 1st Vict.,c. 2 by and with the Advice and Consent of the Lords Spiritual Section 1. and Temporal, and Commons, in this present Parliament Meaning of assembled, and by the Authority of the same, That the certain words Words and Expressions hereinafter mentioned, which in in this Act: their ordinary Signification have a more confined or a different Meaning, shall in this Act, except where the Nature of the Provision or the Context of the Act shall exclude such Construction, be interpreted as follows; (that is to say,) the Word "Will" shall extend to a Testament, and to a "Will;"

Codicil, and to an Appointment by Will or by Writing in the Nature of a Will in exercise of a Power, and also to a Disposition by Will and Testament or Devise of the Custody and Tuition of any Child, by virtue of an Act passed in the Twelfth Year of the Reign of King Charles the Second, intituled An Act for taking away the Court of Wards and Liveries, and Tenures in capite and by Knights Service and Purveyance, and for settling a Revenue upon His Majesty in lieu thereof, or by virtue of an Act passed in the Parliament of Ireland in the Fourteenth and Fifteenth Years of the Reign of King Charles the Second, intituled An Act for taking away the Court of Wards and Liveries and Tenures in capite and by Knights Service, and to any other Testamentary Disposition; and the Words "Real Estate" shall extend to Manors, Advowsons, Messuages, Lands, Tithes, Rents, and Hereditaments, whether Freehold, Customary Freehold, Tenant Right, Customary or Copyhold, or of any other Tenure, and whether corporeal, incorporeal, or personal, and to any undivided Share thereof, and to any Estate, Right, or Interest (other than a Chattel Interest) therein; and the Words "Personal Estate" shall extend to Leasehold Estates and other Chattels Real, and also to Monies, Shares of Government and other Funds, Securities for Money (not being Real Estates), Debts, Choses in Action, Rights, Credits, Goods, and all other Property whatsoever which by Law devolves upon the Executor or Administrator, and to any Share or Interest therein; and every Word importing the Singular Number only shall extend and be applied to several Persons or Things as well as One Person or Thing; and every Word importing the Masculine Gender only shall extend and be applied to a Female as well as a Male."

This section conveys a more extended meaning to the terms "will," "real estate," "personal estate," than they previously bore, or which in their ordinary signification they do bear, so that a gift by a man of his "real estate" shall be held to include not only his freehold, copyhold, and all other interest appertaining thereto, but also any other disposable interest which he may have had in it, and his personal estate shall extend to all his property which by law devolves upon his Executor or Administrator.

c. 5.

"II. And be it further enacted, That an Act passed in the Section 2. Thirty-second Year of the Reign of King Henry the Eighth, Repeal of the intituled The Act of Wills, Wards, and Primer Seisins, Wills, 32 H.8, whereby a Man may devise Two Parts of his Land; and also c. 1, and an Act passed in the Thirty-fourth and Thirty-fifth Years of 34 & 35 H. 8, the Reign of the said King Henry the Eighth, intituled The Bill concerning the Explanation of Wills; and also an Act passed in the Parliament of Ireland in the Tenth Year of the 10 Car. 1, Reign of King Charles the First, intituled An Act how Lands, Sess. 2, c. 2, (I.) Tenements, etc. may be disposed by Will or otherwise, and concerning Wards and Primer Seisins; and also so much of an Act passed in the Twenty-ninth Year of the Reign of King Charles the Second, intituled An Act for Prevention of Frauds and Perjuries, and of an Act passed in the Parliament of Ireland in the Seventh Year of the Reign of King William the Secs. 5, 6, 1 Third, intituled An Act for Prevention of Frauds and Perjuries, 22 of the as relates to Devises or Bequests of Lands or Tenements, Statute of or to the Revocation or Alteration of any Devise in Writing Frauds, or any Lands, Tenements, or Hereditaments, or any Clause 29 Car. 2, c. 3; 7 W. 3, thereof, or to the Devise of any Estate pur autre vie, or to any such Estate, being Assets, or to Nuncupative Wills, or to the Repeal, altering, or changing of any Will in Writing concerning any Goods or Chattels or Personal Estate, or any Clause, Devise, or Bequest therein; and also so much of an Act passed in the Fourth and Fifth Years of the Reign of Sec. 14 of Queen Anne, intituled An Act for the Amendment of the Law 4 & 5 Anne, and the better Advancement of Justice, and of an Act passed in the Parliament of Ireland in the Sixth Year of the Reign of Queen Anne, intituled An Act for the Amendment of the Law and the better Advancement of Justice, as relates to Witnesses to Nuncupative Wills; and also so much of an Act passed in the Fourteenth Year of the Reign of King George Sec. 9 of the Second, intituled An Act to amend the Law concerning 14 Geo. 2, Common Recoveries, and to explain and amend an Act made in the c. 20. Twenty-ninth Year of the Reign of King Charles the Second, intituled, An Act for Prevention of Frauds and Perjuries,' as relates to Estates pur autre vie; and also an Act passed in

c. 12. (I.)

c. 16.

6 Anne, c. 10,

(I.)

the Twenty-fifth Year of the Reign of King George the 25 Geo. 2,c.'6, Second, intituled An Act for avoiding and putting an end to (except as to Colonies). certain Doubts and Questions relating to the Attestation of Wills and Codicils concerning Real Estates in that part of Great Britain called England, and in His Majesty's Colonies and Plantations in America, except so far as relates to His

1st Vict., cap. 26.

25 G. 2, c. (I.)

55 G. 3. c. 192.

Section 3.

11,

All Property may be disposed of by Will,

Majesty's Colonies and Plantations in America; and also an Act passed in the Parliament of Ireland in the same Twentyfifth Year of the Reign of King George the Second, intituled An Act for the avoiding and putting an end to certain Doubts and Questions relating to the Attestations of Wills and Codiciis concerning Real Estates; and also an Act passed in the Fiftyfifth Year of the Reign of King George the Third, intituled An Act to remove certain Difficulties in the Disposition of Copyhold Estates by Will, shall be and the same are hereby repealed, except so far as the same Acts or any of them respectively relate to any Wills or Estates pur autre vie to which this Act does not extend."

This Section repeals all former Statutes on the subject of bequeathing or devising property by will, and thus clears the way for the following sections which prescribe the legal form for such dispositions.

"III. And be it further enacted, That it shall be lawful for every Person to devise, bequeath, or dispose of, by his Will executed in manner hereinafter required, all Real Estate and all Personal Estate which he shall be entitled to, either at Law or in Equity, at the Time of his Death, and which, if not so devised, bequeathed, or disposed of, would devolve upon the Heir at Law or Customary Heir of him, or, if he became comprising entitled by Descent, of his Ancestor, or upon his Executor or Customary Administrator; and that the Power hereby given shall Freeholds extend to all Real Estate of the Nature of Customary and Copyholds without Freehold or Tenant Right, or Customary or Copyhold, Surrender and notwithstanding that the Testator may not have surrendered before the same to the Use of his Will, or notwithstanding that, and also such being entitled as Heir, Devisee, or otherwise to be admitted

Admittance,

of them as cannot now be devised;

Estates pur autre vie;

thereto, he shall not have been admitted thereto, or notwithstanding that the same, in consequence of the Want of a Custom to devise or surrender to the Use of a Will or otherwise, could not at Law have been disposed of by Will if this Act had not been made, or notwithstanding that the same, in consequence of there being a Custom that a Will or a Surrender to the Use of a Will should continue in force for a limited Time only, or any other special Custom, could not have been disposed of by Will according to the Power contained in this Act, if this Act had not been made; and also to Estates pur autre vie, whether there shall or shall not