revoked otherwise than as aforesaid, or by another Will or Codicil, executed in any manner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner hereby already required, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence, and by his direction, with the intention of revoking the same.

16. No obliteration, interlineation, or other alteration made in any Will after the execution thereof shall be valid, or have any effect, except so far as the words or effect of the Will before such alteration shall not be apparent, unless such alteration shall be executed in like manner as hereinbefore is required for the execution of the Will; but the Will with such alteration as part thereof shall be deemed to be duly executed, if the signature of the testator, and the subscription of the witness, be made in the margin, or on some other part of the Will opposite or near to such alteration, or at the foot or end of, or opposite to a memorandum referring to such alteration. and written at the end or some other part of the Will.

17. No Will or Codicil, or any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution thereof, or by a Codicil executed in the manner hereinbefore required, and shewing an intention to revive the same; and when any Will or Codicil which shall be partly revoked, and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention to the contrary be shewn.

18. No conveyance or other act made after the execution of the Will, of or relating to any real or personal estate therein comprised, except an act by which such Will shall be revoked as aforesaid, shall prevent the operation of the Will with respect to such estate, or interest in such real or personal estate, as the testator shall have power to dispose of by Will at the time of his death.

19. Every Will shall be construed with reference to the real and personal estate comprised therein, as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the Will.

20. Unless a contrary intention appear by the Will, such

real estate, or interest therein, as shall be comprised or intended so to be, in any devise in such Will contained, which shall fail or be void by reason of the death of the devisee in the life time of the testator, or by reason of such devise being contrary to law or otherwise incapable of taking effect, shall be included in the residuary devise, if any contained in such Will.

21. A devise of land of the testator, or of his land in any place, or in the occupation of any person mentioned in his Will, or described in a general manner, and any other general devise which would describe a leasehold estate, if the testator had no freehold estate which could be described by it, shall be construed to include the leasehold estates of the testator to which such description shall extend, as well as freehold estates, unless a contrary intention shall appear by the Will.

22. A general devise of the real estate of the testator, or of his real estate 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 the 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.

23. Where any real estate shall be devised to any person without words of limitation, such devise shall be construed to pass the fee simple or the whole estate or interest which the testator had power to dispose of by Will in such real estate, unless a contrary intention appear by the Will.

24. 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 per

son in his life time, 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 life time, 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, or by reason of such person having a prior estate tail, or of a preceding gift, being without any implication, arising from such words, or limitation of an estate tail, to such person or issue, or otherwise; but nothing herein shall 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.

25. Where any real estate shall be devised to any Trustee or Executor, such devise shall be construed to pass the fee simple, or 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.

26. Where any real estate shall be devised to a Trustee without any express limitation of the estate to be taken by him, 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.

27. When any person to whom any real estate shall be devised, for an estate tail, or an estate inquasi entail, shall die in the life time 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.

28. 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 life time 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.

29. The words and expressions in this Chapter mentioned, and here following, which in their ordinary signification have a more confined or different meaning, shall, except where the nature of the provision or context exclude such interpretation, be interpreted as follows:-" Will" shall extend to a testament, and to a codicil, and to an appointment by Will or writing in nature of a Will in exercise of a power, and to any other testamentary disposition; "real estate " shall extend to messuages, lands, rents, and hereditaments, whether corporeal or incorporeal, or personal, and to any undivided share thereof, and to any estate, right, or interest (other than a chattel interest) therein; and "personal estate" shall extend to chattels real, and to moneys, shares of funds, securities for money (not being real estates), debts, and other choses in action, goods, and all other personal property, or share, or interest therein.

1. When any person shall die intestate, the heir at law, whether lineal or collateral, shall be entitled to and have a double portion, or two shares of the real estate (subject to the Widow's right of dower), and the remainder of such estate shall be divided equally to and amongst the other children or their legal representatives, including in the distribution children of the half blood; and in case there be no children of the intestate, then to the next of kindred in equal degree, and their

representatives; but children advanced by settlement or portions not equal to the other shares, shall have so much of the surplusage as shall make the estate of all equal, except the heir at law, who shall have two shares or a double portion of the whole.

2. The surplusage of the personal estate of the intestate shall be distributed by the Judge of Probates, in manner following, that is to say :-One third of it to the Widow, and the residue in equal portions to and amongst his children, and such persons as legally represent them. The heir at law, notwithstanding an advancement to him of real estate in the life time of the intestate, shall receive an equal share of the surplusage with the other children, but any other child receiving any such advancement shall be entitled only to such equal share deducting the value of his advancement. If there be no children nor any legal representatives of them, one moiety of such surplusage shall be allowed to the Widow, and the residue be distributed equally amongst the next of kindred of the intestate in equal degree, and those who legally represent them, but there shall be no representation among collaterals after the brothers' and sisters' children; and if there be no Widow all such surplusage shall be distributed equally amongst the children, and if no child, to the next of kindred, in equal degree, of the intestate and their representatives; and if after the death of the father any of his children shall die intestate without wife or children in the life time of the mother, every brother and sister, and their representatives, shall have equal share with her.

3. No distribution of the goods of an intestate shall be made till one year after his death, except by special order of the Judge of Probates; and every person to whom distribution may be allotted shall give a bond with sureties in the Probate Court, that if any debt of the intestate shall be afterwards sued for and recovered, or be otherwise duly made to appear, the distributee shall refund to the administrators his rateable proportion of the debt and costs incurred thereby.