4. A man cannot by will re- serve a power of disposing of real estate, by a future un- attested will or codicil 65 5. If an instrument be not in-
tended to have effect till the death of the party, it is tes- tamentary in its operation and quality, whatever may be its form
66 6. Difference between a con- veyance to uses, and a will, in respect to the legality of reserving a power of future disposition 7. Every paper, to which a will, duly attested, refers, if it comprise a disposition of real property, to be effectual as a testamentary paper, must be either incorporated originally into the will, or be executed according to the statute 68 8. And such paper, to be so in- corporated, must be distinct- ly referred to, and described in the will ibid 9. An appointment by will works by the will, according to the nature and qualities of such an instrument 343 10. So in respect to a will of copyhold, though not pro- perly the act by which the estate is transferred 343, 344-346
V. Of wills creating, or affecting in- terests in or out of lands.
1. By a will duly executed, charging lands generally with legacies, a testator enables himself to lay any number of
Trees will not Nor grass and herbage 90 Nor heir-looms 91, 92 But growing corn will, in
what cases 89, 90, note 7. Mortgages, in equitable con- sideration, are not within the clauses respecting wills, in the statute of frauds 92-95 8. But this equitable consi. deration of a mortgage, as personal estate, is not per mitted to narrow the effect of the statute of mortmain 95, note 9. But if, in such unexecuted will, there is a legacy to the heir, upon condition that he did not dispute the will, he is put to his election 99-105
VI. Of the publication of wills, tes- tator's signature, and the sub- scription of the witnesses.
1. What is a sufficient signing
2. Whether sealing is signing
3. Whether making a mark,
where testator is unable to write, is a sufficient signing or subscribing 112, 113 4. It is sufficient, if witnesses attest, upon the testator's acknowledgment of his sig- nature, without seeing him actually sign 114-119 5. Stamping equivalent to seal- ing 114, note 6. Formality of publication con- sidered 120 7. What is now requisite to constitute publication
121, 122 8. Not necessary that testator should declare to the wit- nesses the nature of the in- strument to be signed 21, 25, note (*) 9. Wills interrupted and re- sumed 10. Though a will be proceeded in at different times, and of- ten suspended and resumed, it will need only one execu- tion ibid 11. Secus, where a will is writ- ten on different pieces of pa- per 124-126, and notes 12. Difference between a writing in continuation of a will for- merly begun, and a re-pub- lication 127 13. Qualifications of witnesses 130-142 14. Sufficient if testator might see the witnesses to his will, whether he did actually see them or not 143 15. Testator must not only be corporally present; he must also possess his faculties so as to have a mental knowledge of the fact 147 16. Attestation may be sub- scribed by witnesses at dif- ferent times 17. Attestation provable in com- mon law courts, by one sub- scribing witness 157 18. And if all the witnesses deny their hand-writing, still the devisee may go into cir- cumstances to prove the due execution of the will ibid, 158
16. Where a bequest of the in- terest and dividends will carry the stock itself
430, 431 17. Of qualified and temporary interests in chattels 432 18. Of the dominion accom- panying the interest fer life, in the personal estate 431 19. As to consumable things 435
20. As to the remedies for pre- serving the goods to the per- sons in succession 437-440 21. Difference between the be- quest of my watch,' and watch,' where the thing is not found in testator's property II. 456, note
I. Import of words and phrases as to II. Construction of words and phrases
as to immoveable things I. 440
4. If the will be ineffectual to pass freeholds for want of due execution, this will not make the leaseholds pass by a ge neral devise applicable to freehold estate 442, note 5. Leaseholds will pass where there are only such to answer the devise, although the de- vise is expressly of the testa- tor's freeholds 413 6. And, under an express devise of leasehold, freehold may pass, if such appear to be the intention 414 7. So, by the word 'legacy' a devise of freeholds may be understood ibid 8. Whether copyhold passes by the general devise of lands, &c. 445-119
3. Declaration that such annuity is in lieu of dower
4. Proviso for the reduction of an annuity given to the wife of testa- tor on her second marriage
377, 404 5. To the daughter of testator (to be increased after the death of the widow) to be raised out of a term of years 260 6. To the brother of testator, and to be unalienable
7. Clause to prevent an annuitant from parting with an annuity 459 8. Direction that annuities to fe- males shall be paid to their sepa-
9. Bequest to trustees of such a sum as will raise an annual sum for the 318 payment of annuities 10. Direction to trustees to pay an annuity in satisfaction of a yearly sum to the payment of which the 388 testator is liable 11. Direction to trustees to receive an annuity during the life of a la- dy, varying in amount according to her age and coverture, and to be applied during her minority for her maintenance, after her attain- ing her age of 21, to her absolute (and if married to her separate)
12. Creation of a term of raising an annuity
ANTICIPATION.
Proviso that the person for whose
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