at any time received to be proved, unless shall be granted process have first issued to call in the thereon. widow or next of kindred to the decease 1, to the end they may contest the same if they please. CLAUSE 7. any part thereof, 7. No will in writing, concerning any goods, or chattels, or personal estate shall No written will or be repealed; nor shall any clause, devise, concerning personal or bequest therein be altered or changed by estate, shall be alany words, or will by word of mouth only; tered by any words; except the same be in the life of the testator except the same be committed to writing, and after the writing read unto and alreduced to writing, thereof, read unto the testator and allowed lowed by the testaby him, and proved to be so done, by two tor. or more credible witnesses, Provided always, That notwithstanding this Act, any soldier being in actual military service, or any mariner or seaman being at sea, may dispose of his moveables, wages, and personal estate, as he or they might have done before the making of this Act. Proviso. in full force in this 8. The Act made in the twenty-fifth year Declares the Stat. of the reign of his late Majesty King George 25, Geo. 2. shall be the Second, entitled, "An Act for avoiding Island so far as the "and putting an end to certain doubts and said Stat, 29 Car. 2 questions, relating to the attestation of is hereby meant. 66 "wills and Codicils concerning real es 66 tates in that part of Great Britain called England; and in His Majesty's colonies ,, and plantations in America ;" whereby it is declared that the said Act, and all clauses, matters, and things therein, shall extend to such of the British colonies and plantations in America, where the Act of the 29th Car. II., viz.-for preven"tion of frauds and perjuries, is by Act of Assembly made, or by usage received, as "a law; or where the attestation and subscription of a witness or witnesses are 66 All property may be disposed of by will. Estates autre vie. pour "made necessary to devise of lands, tene"ments, or, hereditaments, and shall have "the same force in the construction of or "for the avoiding of doubts upon the said Acts of Assembly, and laws of the said "colonies and plantations, as the same 66 ought to have, in the construction of or "for avoiding of doubts upon the said Act "of 29th Car. II. in England," shall be in force in this Island to all intents and purposes whatsoever, so far as the said statute of the 29th Car. II. is hereby meant, mentioned, or intended to be put in force in the said Island. Effect and construction. 9. It shall be lawful for every person to devise, bequeath, or dispose of by his will 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 of him, or if he became entitled by descent of his ancestor, or upon his executor or administrator, and that the power hereby given shall extend also to estates pour autre vie, whether they shall or shall not be any special occupant thereof, and whether the same shall be freehold or any other tenure, and whether the same shall be a Contingent inter- corporeal or incorporeal hereditament, and also to all contingent, executory, or other future interests in any real or personal estate, whether the testator may or may not be ascertained as the person, or one of the persons, in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument est. ac by which the same respectively were created, or under any disposition thereof, by deed or will, and also to all rights of entry for conditions broken, and other rights of Rights of entry entry, and also to such of the same estates and property interest and rights respectively, and other quired after making real and personal estate, as the testator may be entitled to at the time of his death, notwithstanding that he may become entitled to the same subsequently to the execution of his will. of will. or Act. 10. No conveyance or other act made or A devise not to be done, subsequently to the execution of a rendered will, of or relating to any real or personal tive by any subseinoperaestate therein comprised, except an act by quent conveyance which such will shall be revoked, 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 bis death. Will shall be con 11. Every will shall be construed with reference to the real estate and personal strued to speak from estate comprised in it, to speak and take the death of teseffect, as if it had been executed immediate- tator. ly before the death of the testator, unless a contrary intention shall appear by the will. 12. Unless a contrary intention shall ap pear by the will, such real estate or interest therein as shall be comprised or intended to be comprised in any devise, in such will contained, which shall fail or be void by reason of the death of the devisee in the lifetime 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. A residuary de devises. freehold lands. 13. A devise of the land of the testator, vise shall include or of the land of the testator in anys place estates comprised in or in the occupation of any person mentionlapsed and void ed in his will or otherwise described in a general manner, and any other general devise which would describe a leasehold estate to the testator had no freehold estate which could be described by it, shall be construed to include the leasehold estates of the testator as well as freehold estates, unelss a contrary intention shall appear by the will. 14. A general devise of the real estate ofA general devise of the testator's the testator or of the real estate of the teslands shall include tator in any place, or in the occupa leasehold as well as tion 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 Devise without any words of limitation shall be con the will. 15. Where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass strued to pass the the fee simple, or other the whole estate or interest, which the testator had power to fee. dispose of by will in such real estate, unless a contrary intention shall appear by the will. death. 16. In any devise or bequest of real or The words "die personal estate, the words "die without without issue" shall Issue." or "die without leaving issue," or be construed to "have no issue," or any other words which mean die without may import either a want or failure of issue living at the 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. to Devise of real 17. Where any real estate shall be devised any trustee or executor, such devise shall estate to trustee or be construed to pass the fee simple or other executor to pass the the whole estate or interest which the testa- definite term is fee simple unless a tor had power to dispose of by will in stated. such real estate, unless a definite term of any years, absolute or determinable, or 18. Where any real estate shall be de vised to a trustee, without Trustees under any express an unlimited devise limitation of the estate to be taken by such where the trust may endure beyond |