1. By will duly executed, charging
land generally with legacies, a testa-
tor enables himself to lay any number
of additional legacies on the land, by
a subsequent testamentary disposition
unexecuted
77
2. Distinction between the case of sub-
sequent legacies charging the land,
by virtue of a former will charging
them generally upon the land, and a
reservation by will of a future power
of disposition
3. A sum of money devised out of land
is part of the land in equity; and
such disposition is within the statute
of frauds
80
4. A direction by will to sell lands for
certain purposes, does not so ultimately
change the character of the property,
as that the surplus, after the particu-
lar objects are satisfied, may pass by
an unattested codicil
1. In general, a renewal of a lease is a
revocation of a will, whether it be of
a chattel or a freehold lease 349
2. Difference between freehold and
chattel leases in this respect 350
3. Whether the renewal of a chattel
lease is a revocation of a will, de-
pends on whether the devise is speci-
fic or general 353 and note, 357
814. If the renewed lease be not executed
in testator's life-time, an agreement
for such new lease will not revoke a
will
355
Where the disposing words would
have passed the leases if renewed in
testator's life, any renewals after his
death by his representatives will pass
by such words
5. To effect this absolute conversion, a
clear intention ought to be demon-
strated
6. Where a testator shews both the
real and personal estate to be equally
in his contemplation, as the funds out
of which the legacies are to be satis-
fied, a revocation effectual as to the
personalty, but insufficient as to the
real for want of being attested accord-
ing to the statute, will leave the land
still subject to the charge 83, 84
1. Of the power of bequeathing lega,
cies, in the different stages of the
Roman law
8, note.
2. Legata et fidei commissa, what,
9, 10, note.
legacy and a
13, note.
3. Distinction between a
donatis mortis causâ
7. The court cannot see the testator's
intention with respect to his real pro-
perty, unless he express it by will ac-
cording to the statute
8. Devise of a rent out of land must be
by will attested by three witnesses 88
9. If a man, having freeholds and lease-4,
holds, devise all his lands and tene-
ments by a will unattested, the lease-
holds will not pass
118
10. If a man devise all his lands and te-
nements at a particular place, and have
only leaseholds answering to the local
description, the leaseholds will pass,119
5. Ademption of legacies
6. Wherever the subject of a specific
legacy is withdrawn, the legacy must
418, 419
7. Subtlety of the distinctions between
specific and general legacies,
418
8. Debts paid by legacies, see DEBTS.
9. Double Legacies by the same instru-
10. By different instruments
11. State of the doctrine as to the pre-
sumption of the courts in the cases of
double legacies in the same and dis-
tinct instruments
438, 439
12. Whether parol evidence is admissi-
440
ble to determine this question
13. If a legacy, given for an infant's
benefit in one way, cannot be applied
in that way, it may in another,
539, note.
14. Under a bequest to servants, who
are included
561, note.
15. Of the period of vesting, both as
to legacies and legatory portions 631,
632, note
16. Of the abatement of legacies
17. Of interest upon legacies 635,
636, note
18. Origin of, and observations upon
679-681,
the Accumulation Act
note
8. The rule does not depend so much
on intention as on the notion of a
tacit condition, that in the event of
marriage and a child, the will should
not stand
9. Both marriage and the birth of a
child must concur, and both events
must take place after the will
10. Conditions in restraint of marriage
how considered by Courts of Equity
527, note.
1. Legatee must be capable of taking
under the will of the testator
2. A legatee may recover his legacy
out of the real estate, without proving
a will
77, note.
S. Legatees, how far admissible as evi-
dence under the Roman law
152, 153 and note.
4. The rule of the Spiritual and Com-
mon Law Courts, where the witness
was a legatee or devisee
5. If a legatee under a will attest its
execution, his legacy shall be void, See DEVISE, 2
25 Geo. 2, c. 6, § 1
LONDON (CUSTOM OF)
1. Restraints on the testamentary
power, by the custom of London,
removed by the statutes 7, 8, not,
MARRIED WOMEN.
1. Of their capacity to make a will, 28
2. In what manner their testamentary
dispositions take effect
29, 30
3. May make wills with consent of
their husbands 393, note (2), 394
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