joint-tenant of his share of the land will operate as a valid bequest to the devisee.

5. Of the Execution and Attestation of Wills.

Wills respecting personal property, except in the cases of nuncupatory dispositions, and of dispositions by soldiers and sailors in actual service, require no ceremonies of publication to render the devise a valid bequest. It has long been held that a testamentary disposition of personal property will be valid, though it has neither the testator's name nor seal to it, and though it is not attested by witnesses, provided it can be proved that the will has been written by the testator himself, Godolph. Leg. p. 1, c. 21. And even though it should have been written by another person, and not signed by the testator, it will pass the personal estate, if proof can be adduced that it was made according to his instructions, and was approved of by him, 2 Com. Rep. 451.

With regard to the disposition of lands and tenements, whether by force of the statute of wills, or the custom of Kent, or the custom of any borough, or any other particular custom, the following formalities are required by the statute of frauds, 29 Cha. II c. 3;-1, that it be in writing; -2, that it be signed by the devisor, or by some other person in his presence, and by his express

directions; and, 3, that it be attested and subscribed in the presence of the devisor, by three or four credible witnesses: otherwise the devise will be void, and of no effect. But though the statute requires the devise to be signed by the testator, yet, as it has not specified any particular form or place in the will for that purpose, the insertion of the testator's name, either at the top, bottom, or margin of the will, will be a sufficient compliance with the provisions of the statute; provided the will has been wholly written by the testator himself, Lemayne v. Stanley, 3 Lev. 1. To render, however, the signature of the testator in the introduction of the will equivalent as a signature within the statute, Lord Eldon, in the case of Coles v. Trecothic, 9 Ves. Jun. 249, seemed inclined to think that the whole terms of the will should be in the contemplation of the testator at the time of his writing such formal introduction. And it has been determined, that when a will consists of several sheets, and it appears to have been the testator's intention to sign every one, if he does not fully complete his signature, it will be an insufficient execution within the statute. Thus, where a will consisted of five sheets, two of which the testator had signed, but, on account of the weakness of his hand, was incapable of executing the remainder; but, on the following day, attempted to sign the remaining sheets, it was held not to be

a sufficient signature within the statute, as, by such attempt to sign the remaining sheets, he evidently evinced an intention of further authenticating his will. Doug. 229. Neither will a constructive signing on a presumed intention be given effect to, according to the later decisions at Doctors' Commons. Therefore, if a testator leaves an instrument which, on the face of it, carries evidence that it was not complete and final at the time of its being written, but that some further act was intended to be done by the testator, to give it its full perfection and authenticity, and from completing which he had not been prevented by sickness, death, or deprivation of understanding, this will not be deemed a sufficient animus testandi

to constitute a signature within the statute, Griffin v. Griffin, cited in Matthews v. Warner, 4 Ves. Jun. 197, n. a. 9 Ibid. 249, if the testator had sufficient time, and health, and recollection to complete it. If death should intervene before he could be reasonably expected to give the paper its full completion, and the will appears to contain his last intentions as to the disposition of his property, such will will be effectuated by the Prerogative Court, Harris v. Bedford, 2 Phill. 177; Thomas v. Wall, 3 Ibid. 23. And it has been decided that peculiar circumstances (as where a person is taken so dangerously ill that his sudden dissolution is expected) will justify the taking instructions

for a will by interrogatories, and be entitled to the effect and operation of a will, provided it appears that the sick person had the desire to make the testamentary disposition without inducement or suggestion, Green v. Skipworth, 1 Phill. Rep. 53.* And an instrument, without date, and without signature, and in the hand-writing of a stranger, may be supported by evidence, proving, beyond a doubt, that volition accompanied the act, and that there was a testamentary intention, and sufficient capacity on the part of the deceased, Friswell v. Moore, 3 Phill. Rep. 135. And even alterations and erasures, made in pencil, if perfectly reasonable and dispositive, and implying the settled determination of the testator, have been admitted to proof, Dickenson v. Dickenson, 2 Phill. Rep. 173. But, notwithstanding these concessions and indulgences are (where the method of proceeding in drawing and executing a will has been irregular or informal) allowed in favour of testamentary legality, it is by far the safer and more prudent way for every person about to make his will, either to draw the same in the usual solemn manner, or have recourse to able professional assistance for that purpose; and, when

• Where instructions are taken for a will, it is but a prudent measure that the instructions should be read over to the testator, for his approbation, and then signed by him, and duly attested.

drawn, to sign his name, not only at the bottom or end of the will, but also at the bottom of each page or sheet of paper, if the will consists of more than one sheet, and to desire the witnesses to the will-(namely, three in the case of freehold property, two in the case of any devise of any share or interest in the public funds; and, though no witnesses are required to wills disposing of personals, yet it seems a prudent precaution that such instruments should be attested by two or three indifferent and competent persons)-to observe him sign all the sheets, and put his seal, as well as his name, to the last sheet; which being done, the witnesses should write their names under the attestation clause which appears in the last sheet. But, where a will is made at different times, how long soever the intervals of suspension and resumption may have been, and although the parts of it may be distinct, and each separately signed by the testator, yet, if the intent of the testator appears from the circumstances to have been that the instruments should form but one will, the execution of the last part will take effect as an execution of the whole, Carleton v. Griffin, 1 Bur. 549; provided all the parts of the will be in the presence of the witnesses at the time of attestation,* Lea v. Libb, 3 Mod. 263.

* But though, where a charge upon real estate is created by will, three witnesses are necessary to attest the instrument;