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APPORTIONMENT-4 & 5 Will. 4, c. 22. (Royal Assent, 16th June,
Examples illustrative of the change effected by the act, as regards leases by owners in fee, and by donees
334
ib.
335
determine
but not as between the real and personal representa-
tives of a deceased owner, whose interest con-
tinues
This view of the statute partly in accordance with the
positions of a learned writer .
and partly at variance
Whether annuities, &c., ceasing on the death of the cestui
. 336
337
338
339
340
WILLS-7 Will. 4 & 1 Vict. c. 26, (Royal Assent, 3rd July, 1837). 341
The policy of conferring a testamentary dominion
Comprehensive character of the act
General state of the old law
Points of discrepancy in the old law, between real and per-
342
343
344
Effect of republication, as to after-acquired lands ib.
As to putting the heir to his election by expressly
devising after-acquired lands
The sweeping effect of a general bequest
Specific bequests, what
their liability to ademption
What interests were not devisable
Conflicting state of the law of revocation
particularly as regards leaseholds for years
Further discrepancies, as regards the mode of disposition Of testamentary appointments, particularly as regards ex- ecution and attestation
and equitable relief against formal defects.
Effect of a general disposition, as regards the execution of
powers
Of the testamentary power over copyholds
Debatable points of the old law, as regards the construc-
tion of wills
Objections to the old law, as regards the doctrine of
347
348
349
350
351
352
To what wills, estates, persons, and places, the act does, or
does not extend
General interpretation clause
Repeal of former statutes relating to wills
Proposed distribution of the subject under five heads
I. EXECUTION AND ATTESTATION OF WILLS
In what manner wills must be executed and attested
including appointments by will
What persons may be witnesses, and what gifts are void, in
relation to witnesses
Comments on the first class of enactments (Execution of Wills)
What real and personal estate may be disposed of by will
Personal competency to make a will, as regards age and
Comments on the second class of enactments (The disposing power
and capacity)
Subjects of the testamentary power
all after-acquired property, both real and personal
How a sweeping gift should now be penned.
Of extending wills, generally, to real estate.
copyhold and other customary estates
executory and contingent interests
rights of entry
but not of action
373
374
375
nor the mere hope of succession
estates in joint-tenancy, if severed before death
Aim of the third section, and its influence as regards intes-
Testator's competency
Minors cannot be testators
Married women may, in what cases
376
III. REVOCATION AND REVIVAL OF WILLS
In what manner wills may be revoked (including partial revo-
cation by alteration)
Comments on the third class of enactments (Revocation and Re-
vival of Wills)
378
Constructive revocation .
of an unrevoked will not within the act
Summary of the new law, as to re-execution, republication,
and revival.
of a revoked will not within the act
of a revoked will within the act
of an unrevoked will within the act
Construction of the thirty-fourth section
What ceremonies requisite to give effect to re-execution, re-
publication, or revival.
381
382
Comments on the fourth class of enactments (Construction of Wills) ib.
The operation of this rule on specific devises and bequests ib.
In what cases the intention may be promoted by this rule 388
Summary of the new law, as regards the subject-matter of the
389