XXVII. And be it further enacted, That a general devise of the real estate of the testator, or of the real estate of the testator in any place or in the occupation of any person mentioned in his will, or otherwise described in a general manner, shall be construed, to include any real estate, or any real estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will; and in like manner a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will. XXVIII. And be it further enacted, That where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass the fee simple, or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a contrary intention shall appear by the will. XXIX. And be it further enacted, That in any devise or bequest of real or personal estate the words "die without issue," or "die without leaving issue," or "have no issue," or any other words which may import either a want or failure of issue of any person in his lifetime, or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail, or of a preceding gift, being, without any implication arising from such words, a limitation of an estate tail to such person or issue or otherwise; Provided, that this Act shall not extend to cases where such words as aforesaid import if no issue described in a preceding gift shall be born, or if there shall be no issue who shall live to attain the age or otherwise answer the description required for obtaining a vested estate by a preceding gift to such issue. XXX. And be it further enacted, That where any real estate (other than or not being a presentation to a church) shall be devised to any trustee or executor, such devise shall be construed to pass the fee simple or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a definite term. of years, absolute or determinable, or an estate of freehold, shall thereby be given to him expressly or by implication. XXXI. And be it further enacted, That where any real estate shall be devised to a trustee, without any express limitation of the estate to be taken by such trustee, and the beneficial interest in such real estate, or in the surplus rents and profits thereof, shall not be given to any person for life, or such beneficial interest shall be given to any person for life, but the purposes of the trust may continue beyond the life of such person, such devise shall be construed to vest in such trustee the fee simple, or other the whole legal estate which the testator had power to dispose of by will in such real estate, and not an estate determinable when the purposes of the trust shall be satisfied. XXXII. And be it further enacted, That where any person to whom any real estate shall be devised for an estate tail or an estate in quasi entail shall die in the lifetime of the testator leaving issue who would be inheritable under such entail, and any such issue shall be living at the time of the death of the testator, such devise shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will. XXXIII. And be it further enacted, That where any person being a child or other issue of the testator to whom any real or personal estate shall be devised or bequeathed for any estate or interest not determinable at or before the death of such person shall die in the lifetime of the testator leaving issue, and any such issue of such person shall be living at the time of the death of the testator, such devise or bequest shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will. XXXIV. And be it further enacted, That this Act shall not extend to any will made before the first day of January one thousand eight hundred and thirty-eight, and that every will re-executed or republished, or revived by any codicil, shall for the purposes of this Act be deemed to have been made at the time at which the same shall be so re-executed, republished, or revived; and that this Act shall not extend to any estate pur autre vie of any person who shall die before the first day of January one thousand eight hundred and thirty-eight. XXXV. And be it further enacted, That this Act shall not extend to Scotland. ST. 15 & 16 VICT. C. 24.-See ante, p. 114. INDEX [THE FIGURES REFER TO PAGES] ABATEMENT OF LEGACIES AND DEVISES, 467, 468, 657-682. blending of realty and personalty in residue, 673-676, 677, note, 678-680. general legacies and devises, 660, note. lands descended, 467, 468, 664-669. legacies in lieu of dower or for value, 680-682, and note. order of abatement, 661, note, 662, note. personalty and realty blended in residue, 673-676, 677, note, 678-680. realty and personalty blended in residue, 673-676, 677, note, 678-680. residuary devises, 661, note, 664-680. residuary legacies and devises, 659, 660, and note. testator's intentions prevail, 467, 468, 676, 677. ACKNOWLEDGMENT, see Execution of Written Wills. ADEMPTION. 728-734, 746, 747. distinguished from revocation, 293, note, 731, note. ADMINISTRATION, see Probate and Administration. ADMINISTRATORS AND EXECUTORS, see Probate and Administration. appointment and removal of, 521-532. coadministrators and coexecutors, 586, 587, and note, 588, note. disqualification, 527–530. executors de son tort, 577, note, 620-632. insanity of executor, 529, 530. liability of one personal representative for the acts of another, 588, note. purchaser from, 573-583, and note, 588-590. removal of administrator or executor, 529, note. renunciation of executor, 533, note. resignation of executor, 530-532, and note. right to appointment as administrator, 521-527. by adopted child, 524, note. by illegitimate children and their descendants, 521-524. by husband and wife, 524-527. sale of estate property on execution against administrator individually, title of executors and administrators, 545-568. waiver of the statute of limitations by, 604, note. [The figures refer to pages.] ADVANCEMENTS-Continued, in relation to lapsed legacy, 747, 748. real estate advanced charged on distribution of personalty, 726–728. see Descent. testamentary capacity of, 10. ALIENATION BY EXECUTORS AND ADMINISTRATORS, 583-590. rights of creditors on, 611-613. ANIMUS ATTESTANDI, 184, 185. ANIMUS NUNCUPANDI, 102, note. ANIMUS TESTANDI, 165, 166. APPOINTMENT OF EXECUTORS AND ADMINISTRATORS, ASSETS TO GIVE JURISDICTION, ATTESTING WITNESSES, see Witnesses. ATTESTATION, see Execution of Written Wills. ATTESTATION CLAUSE, 145, 146, 148, 149, 185, 186, and note. CODICIL, see Incorporation by Reference; Republication of Wills; Revival; Revo- COMMON DISASTER, DEATH IN, 396, 397. COMMUNITY PROPERTY, administration of, 496, note. COMMON FORM, probate in, 507, note. |