III. Wills Act-Attestation. THE writer, being desirous of ascertaining the correctness of information which he had received, that wills, without any memorandum of attestation, made since the act of 7 Will. 4 & 1 Vict. c. 26 has been in force, had been admitted to probate, (vide ante, p. 361), addressed a letter on the subject to a proctor in extensive practice, and was favoured with the following reply: "I cannot find any case where a will made since the new Wills Act, with merely the names of two witnesses appearing to it, without any clause of attestation, has been admitted to probate; but I am not aware that the slightest objection to granting probate of such a will would exist, upon a satisfactory affidavit being filed, shewing that the witnesses were present at the same time with the testator, and that they attested the will as such. "A will with the mark of the testator, properly attested, is readily admitted to probate. "The imaginary will and attestation drawn in your letter (e) would not be admitted to probate without the sanction and directions of the judge. Unless the drawer of it were present at the time of the execution, or some person besides the witnesses (who could read and write) were so present, it appears to me doubtful whether the evidence of mere marksmen be received, to prove the identity of the paper as being that which they might have seen the testator execute. It is very rare indeed that a paper appears with the testator's mark, without an addition in writing of the words 'the mark of J (e) This is the last will of me, John Styles. I give all my and personal estate to my wife, and appoint her executrix. Dated December 4th, 1838. Styles' &c. I have never seen one, save in a case where the mark was mentioned in a clause of attestation. I will not pretend to form an opinion as to what might be the probable directions of the court as to a paper such as you have mentioned." as to the length of, which a purchaser may require, 292, 569 ACCUMULATION, of income, statutory restrictions on, 124 ACKNOWLEDGMENT OF DEEDS BY MARRIED WOMEN, in the case of an infant trustee, 253 forms of the memorandum, certificate, and affidavit, ii. 219, et seq. rules of the Court of Common Pleas respecting, ii. 237, et seq. ACKNOWLEDGMENT OF TITLE, ii. 270 ACTUAL POSSESSION, meaning of the term, with reference to a lease for a year, 79 AFFIDAVIT, forms of, prescribed by 3 & 4 Will. 4, c. 74, ii. 225-234 observations on the matters required by the Court of Common rules of the Court of Common Pleas respecting, ii. 238, et seq. ADVOWSON, title to, for what period to be deduced, 566 ALIENATION, restrictions on, 124 by married women, ii. 219, et seq., and notes. (See MARRIED ANCIENT DEMESNE, fines of lands in, 149 APPOINTMENT, observations on conveyance by, ii. 74, n. (61) as to the parcels in deeds of, ii. 78, n. (62) appointee is in under the conveyance creating the power, ii. 95, consequences of that doctrine, ib. operates on the use, not on the land, ii. 143, n. (132) APPORTIONMENT, of rents, annuities, &c., by 4 & 5 Will. 4, c. 22, 334; ii. 370 examples illustrative of the changes effected by the Act, 335 the statute apportions in favour of persons whose interests de- not as between the real and personal representatives of an of price, where a conveyance comprises freehold and copyhold ASSENT OF EXECUTOR, to bequest of leaseholds, whether sufficient for the purposes of ASSIGNMENT, a common law assurance, 25 ASSURANCES UNDER FINES AND RECOVERIES ACT, (See ENTAILED MONEY, FINE, PROTECTOR, RECOVERY, for barring entails, 154, et seq. forms of, ii. 162, n. (144) must be by deed inrolled, 154; ii. 175, n. (160) indenture not requisite, unless the assurance be a bargain and sale, 165 by deed of bargain and sale, why objectionable, ii. 169, n. (155) even though the subject of conveyance be an equitable or a mere right to an estate tail, or mere ability to bar the remainders, ib. contracts and covenants inadequate, 154, 163, ii. 177, n. (164) |