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affecting any real or personal estate (other section enacts, that no will, or codicil, or any than and except charges and directions for part thereof, shall be revoked otherwise than the payment of any debt or debts) shall be as aforesaid, or by another will or codicil Thereby given or marle, it shall be utterly executed as aforesaid, or by some writing null and void ; and such person shall be declaring an intention to revoke the same, admitted as a witness, to prove the execu- and executed like a will, or by burning, tion of such will, or to prove the validity or tearing, or otherwise destroying the same invalidity thereof. The sixteenth and seven- by the testator, or by some person in bis teenth sections enact, that creditors and presence, and by his direction, with the inexecutors may atlest and be admitted wit. tention of revoking the same. By section nesses.
twenty-one, no obliteration, interlineation or Let us take a summary as to the formali- other alteration made in any will after executies necessary to a will, according to the old tion, shall be valid or have any effect (except and new laws.
so far as the words or the effect of the will Wriling is necessary, except as to wills of before such shall not be apparent), unless personal estate by soldiers and seainen, but such be executed like a will; but the will, their wills of real estate must follow the with such alteration as part thereof, shall be provisions of this act; the exceptions under deemed to be duly executed, if the signature the old law, were also wills of personal estate, of the testator, and the subscription of the not exceeding 301., and parol wills of per- witnesses be made in the margin, or on some sonalty of any amount within the Statute of other part of the will opposite or near to such Frauds. Signature by the testator, or by alteration, or at the foot, or end of or oppoanother in his presence and by his direction site to a memorandum referring to such alat the end. It is perhaps safe though cer- teration, and written at the end or some other tainly not necessary, that where the will
part of the will. consists of several shects, each sheet should There are only four modes now by which be separately signed, only the last, would wills can be revoked, and in simply stating he the signature under the act; and it inust them, we will glance at the old law respecting be made or acknowledged in the joint- it. 1. By marriage in all cases, which, howpresence of two witnesses, except under the ever, does not affect appointments of proold law; wills of personal estate and copy- perty, which would not devolve on the holds, and as to appointinents of testamen. testator's representatives in default of aptary guardians, in the presence of two wit- pointment. Under the old law, it was mar
The attestation must be hy two riage of a testatrix, or of a testator, and the witnesses, who attests and subscribes the will birth of a child capable of benefiting by the in testator's presence; the exceptions under revocation, arising from implication, and the old laws were :--as to freehold estates, capable of being rebutted by circuinstances. (including estates pour aulre vie) by three As to personalty, by the birth of children credible witnesses, in the presence of the by a wife taken before the will made under testator : as to a devise at loco of stock in special circumstances. 2. By express dethe funds, by two credible witnesses, and claration contained in a will or codicil, or the same as to the appointment of guar- revoking instrument executed as a will, exdians. Credible witnesses are not now ne. cept wills of personal estate by soldiers and cessary; convicted felons or lunutics, known seamen revokable by parol; under the old to be so, will be sufficient. Beneficial gifts Jaw, by parol sinply as to nuncupative wills, by the will to witnesses, except charges of devises of customary and copyhold property, debts, void, and also to ihe wife or husband testainentary appointment of guardians; and of those claiming under such witness ; but perhaps, devises of estates pour auter vie. it was only void under the old law, as to wills As to written wills of personalty by parol containing devises of freehold estates, and it coinmitted to writing in the testator's lifeshould seem, bequests, al law, of stock. Pro- time, and proved by three witnesses to have bate, as to wills of personal property, and been read to and allowed by him. As to under the old law, as to appointments, such freehold property, by a will or codicil, exefurther soleinnities as the power may bave cuted according to the Statute of Frauds, prescribed. Military and naval officers of or by a revoking instrument signed by the all ranks are included in the description testator in the presence of three witnesses. of soldiers, mariners, and seamen.
3. By destruction, cancellation, &c. By an As to the revocation of wills. By section unatiested burning, tearing, or other destroyeighteen, every will shall be revoked by mar. ing of the substance of the will, with inten. riage (except & will made in exercise of tion to revoke, and by an attested obliteraa power of appointment, when the estate tion, interlineation, or alteration of the thereby appointed would not, in default of icriting. Under the old law, by an unatsuch appointment, pass to the beir, customary tested destruction or cancellation of the will heir, executor, or administrator, or the per- itself, or of the writing, or part of it, with son entitled as text of kin under the Statute intention to revoke; but dependent on the of Distributions). Section nineteen enacts, validity of any substituted gifts, which, as to that no will shall be revoked by any pre- freeholds, &c., must be attested. 4. By sumption of an intention on the ground of an alterations in, or attempted dealings with, alteration in circumstances. The twentieth the property. The twenty-third section en
acts, that no conveyance or other act, made As to lapse and failure of gifts. The or done subsequently to the execution of a tiventy-6sth section enacts, that, unless a will, of or relating to any real or personal contrary intention shall appear by the will, estate therein comprised, except an act by devises contained in wills, which shall fail or which such will shall be revoked as aforesaid, be void by reason of the death of the devisec shall prevent the operation of the will with in the lifetime of the testator, or by reason respect to such estate as the testator shall of such devise being contrary to law, or have power to dispose of by will at the time otherwise incapable of taking effect, shall of his death. The revocation extends only be included in the residuary devise (if any) to an actual alienation, at law of the legal, contained in such will. A declaration in in equity of the equitable, ownership sub- the will, as to the destination of lapsed and sisting at the testator's death. According void gifts, will, of course, exclude the operato the old law, it could be brought about by tion of this section. interruption or destruction of the original By the thirty-second section it is enacted, seisin, except a disseisin by fraud, or to that where any person to whom any real which the testator is remited. Except, estate shall be devised, for an estate tail, or also, at law a partition, and in equity a mort. an estate in quasi entail, shall die in the gage. By modification of the equitable owner- lifetiine of the testator, leaving issue who ship. By an attempt to dispose differently would be inheritable under such entail, anı of the property, failing from any other cause any such issue shall be living at the time of than fraud, or the disability of the teslator. the death of the lestator, such devise shall
As to republication and revival. The not lapse, but shall take effect as if the death twenty-second section enacts, that no will or of such person had happened immediately codicil, or any part thereof, in any manner after the death of the testator, unless a conrevokeil, shall be revived, ntherwise than by trary intention shall appear by the will. the re-execution thereof, or by a codicil duly And by the thirty-third section it is enacted, executed, and shewing an intention to revive that where any person being a child or other the same, and when any will or codicil partly issue of the testator, to whom any real or revoked, and afterwards wholly revoked shall personal estate shall be devised or bequeathed, be revived, such revival shall not extend to for any estale or interest not determinable so much thereof as shall have been revoked at or before the death of such person, before the revocation of the whole thereof, shall die in the lifetime of the testator unless an intention to the contrary shall be leaving issue, and any such issue of such shewn. Now this took place under the person shall be living at the time of the previous order of things :-loy parol as to death of the testator, such devise or bequest personal and copyhold property. Republi. shall not lapse, after ihe death of the testator, cation, but not revival, by surrender io the unless a contrary intention shall appear by use of the will as to copyholis. By re. the will. This clause applies to the lapse execution, with the formalities appropriate of gifts to children or other issue of the to the nature of the property. By codicil to testator only: as to strangers, lapse will the will; but not so as to pass after-acquired deprive their issue of all benefit from tbe lands, if the codicil in ieris restrict the gitt as heretofore. operation of the will to the lands originally But to our summary. As a general rule, devised, and by revival, but not republication, gifts to persons, fail by their death in the testa. by cancellation of the revoking instrument. ior's lifetime, notwithstanding a declaration
As to the time from which ihe will speaks that they shall not lapse, with these excepand takes effect. The twenty-fourth section tions, in the case of gifts in joint-tepancy io enacts, that every will shall be construed, several, of whom one, at least, survives the
with reference to the real and personal testator, and this rule obtained before the - estate comprised in it, to speak and take 1st January, 1838. The further exceptions
effect as if it had been executed iminecliately under this act are, in the case of a gift to a before the death of the restator, unless a person in tail, or quasi in tail, who leaves contrary intention appear by the will. Now issue in tail surviving the testator, and also a as to the persons to whom the property is gist of an absolute or transmissible interest to given, the old rules of construction remain a child or other issue of the testator, who unaltered, and they are these ::.-as to persons leaves issue surviving the testator. The described in the will by naine, or otherwise question then occurs, for whose benefit do individually froin the date of the will: and these gifts lapse? If it be a share in the resias to persons described as a class, from the due, for the benefit of the real or personal testator's death, unless a contrary intention representatives of the testator, according to appear. But as to illegitimate children from the nature of the property. If of a specific the date of the will. The operation of the gift, for the benefit of the residuary devisee clause then is restricted to the properly, or legatee; under the old law, it was this: which is froin testatur's death, unless a con- if a specific gift of freehold or copyhold, for trary intention appear. Now under the old the benefit of the heir, but of a mere charge regulations, it is, as to personal property, on the land, for the benefit of the residuary from the date of the death, except where or specific devisee of that land; if of a specigifts are held to be specific; and as to free. fic gift of personalty, for the benefit of the huld and copylıold property, from the dale residuary legatee. of the will.
As to the construction of a general devise
of lands, the twenty-sixth section enacts, that a devisee of the land of the testator, or of the land of the testator in any place, or in the occupation of any person inentioned in bis will, or otherwise described in a general manner, and any other general devise which would describe a customary, copyholil, or leasehold estate, if the testator had no freehold estate which could be described by it, should be construed to include the customary copyhold and leasehold estates of the testator, or his customary copyhold or leasehold estates, or any of them, to which such description shall extend, as the case may be, as well as freehold estates, unless a contrary intention appear. Under the old law, the construction was this, it included freeholds and copybolds: if no copybolds nor freeholds to satisfy the devise, then leaseholds.
As to the expressions necessary to execute a general power, the twenty-seventh section enacts, that a devise or bequest in general terms, of real or personal property, shall be construed to include any property, coming within the description, which the testator inay have power to appoint in any manner lie may think proper, unless a contrary inten. tion shall appear. Under the old law, it was any gift to be construed as necessarilly referring either to the power, or the specific property which is the subject of it.
As to the devise of a fee, the twenty-eighth section enarts, that where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass the fee simple, or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a contrary intention appear, but under the old law, only a life estate passed, unless words were used to shew an intention to pass the fee.
The absolute interest in personalty, including leaseholds, passes under both laws.
The twenty-ninth section enacts, that in any devise or bequest of real or personal estate, the words * die without issue,” or “ die without leaving issue,” or “have no issue,” or any other werds importing either a want or failure of issue of any person in bis lifetime or at the time of his death or an indefinite failure of bis issue, shall be construed to mean on 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 io attain the age, or otherwise answer the description required for obtaining a vested estate, by a preceding gift to such issue. The construction of which is simply this,
that such words mean a failure of issue at the death of the ancestor named, unless a contrary intention appear; whereas, under the old law, they meant an indefinite failure of issue, unless expressions or circumstances indicated a contrary intention.
Now as to the estate of trustees under a general devise, the thirtieth section enacts, that where any real estate (other than or not being a presentation to a church) shall be devised to any trustee or executor, such devise shall be construed to pass the fee-simple or other the whole estate or interest wbich the testator had power to dispose of by will in such real estate, unless a definite term of years, absolute or determinable, or an estate of freehold, shall there. by be given to him expressly or by implication.
And the language of the thirty-first section is this :—that where any real estate shall be devised to a trustee, without any express limitation of the estate to be taken by such trustee, and the beneficial interest in such real estate, or in the surplus rents and profits thereof, shall not be given to any person for life, or such beneficial interest shall be given to any person for life, but the purposes of the trust may continue beyond the life of such person, such devise shall be construed to vest in such trustee, the fee-simple, or other the whole legal estate which the testator had power to dispose of by will in such real estate, and not an estate determinable when the purposes of the trust shall be satisfied.
It will have been remarked how very nearly the conditions or postulates necessary to bring these clauses into operation are identival. They differ but in these four respects. The first clause embraces all real estates, except presentations, the second contains no such exception. The first extends to devises to executors, the second does not, though this is a noininal difference. The first pernits implierl limitations to prevent its operation, the second does not. The second does not apply where the beneficial interest is given to a person for life, and the trustee has no duty which inay ouilive the life of that person; the first does apply to such a case, being irrespective of all trusts, eicept such as may raise an implication of estate against it. But what do they effect when in action ? They give the fee to the trustee, while, under the old state of things, such an estate passes as is commensurate with the trusts.
As to what wills and estates pour autre vie are within this act, the thirty-fourth section enacts, that this act shall not extend to any will made before 1st January, 1838, and that every will re-executed or republished, or revived by any codicil, shall for the purposes of this act, be deemed to have been made at the line at which the same shall be so reexecuted, republished, or revived ; and that this act shall not extend to any estate pur autre vie of any person who shall die before 1st January, 1838.
The thirty-fifth section enacts, that this, WINE, adulteration of, an offence against act shall not extend to Scotland, and the public health, and punished with the for. thirty-sixth and last section, that the act feiture of 1001. if done by the wholesale Inight have been amended, altered, or re- merchant, and 401. if done by the vintner pealed in the then session of Parliament; or retail trader. 11 Car. II., c. 25, § 11; but it has not been altered since it passed 1 W. & M., st. 1, c. 39, § 20. into a law.
WINTER HEYNING, the season between WILL, estate at. It originates in mutual Ilth November and 23rd April, which is
agreement and is not bounded by any de- excepted from the liberty of commoning in finite limit of time, but depends upon the certain forests. 23 Car. II., c. 3. concurrence of both parties, being at the WISTA, half a hide of land or sixty acres. reciprocal will of both. It is the lowest WITAM, the purgation froin an offenre estate which can arise by agreement between by the oath of the requisite number of witparties. The agreeinent may be either verbal or in writing, and inust be followed by the WITCHCRAFT, conjuration. entry of the grantee upon the land, but in No prosecution shall for the future be many cases it arises by legal construction, carried on against any person for witchcraft, as in the following instances :-If a tenant sorcery, enchantment, or conjuration, or for for years hold over the term, and continues charging another with any such offence ; but to pay rent, the acceptance of rent makes all persons pretending to use the same shall bis interest an estate at will. If a person be punishable by imprisonment. 9 Geo. II., inake a feoitment and deliver the deed, c. 5; 5 Geo. IV., c. 85, § 4. without giving livery of seisin, and the WITE [Sux.], a punishment, pain, penalty, feoffee enters, he is tenant at will. If a per. mulct. son enter upon lands under a void lease, WITEKDEN, a taxation of the West Saxons, paying rent, he is but a tenant at will. So imposed by the public council of the also, if a person enter under an agreement kingdom. for a lease, or under a contract to purchase WITĒNA or WITTENA-GEMOTE (conven. the estate, with the vendor's consent. If a tus sapientium], a convention or assembly of inortgagor continue in possession of the great men to advise and assist tbe Sove. lands mortgaged after default in repay- reign, answerable to our parliament in the ment of the money, and there is no clause in time of the Saxons. See PARLIAMENT. the mortgage deed that the inortgagor should WITENS, the chief of the Saxon lords or hold until default, he is tenant at will.
tbanes, their nobles and wise inen. Either party inay determine the estate. WITHERNAM [wieder, Sax., other, and The lessor can do so by an express declara- naam, a taking), reprisals. See LETTERS tion that the lessee shall hold no longer, op Marque; Replevin. which should either be made on the land or WITHERSAKE, an apostate, or perfidious notice of it served upon the lessee. But if renegado. he exercise any right of ownership, unless it WITHOUT IMPEACHMENT OF WASTE. be with the lessee's consent, inconsistent with See AbsQUE IMPETITIONE Vast). the enjoyment of the estate, it will put an WITNESS, one who gives evidence in a cause, end to it, as entering upon the land, culting See Evidence. down trees demised, making a feottient or WITTENA-GEMOT. Sec Witena. lease for years to commence immediately. WOLD (Sax.], a down, or open country. If the lessee comunit an act of desertion or WOLFESHEAD or WOLFERHEFOD (Sax.), do anything inconsistent with bis estate, as the condition of such as were outlawed in assigning it to another person or committing the time of the Saxons, who, if they could waste, but a verbal declaration that he will not be taken alive to be brought to justice, hold the lands no longer does not deterinine might be slain, and their heads brought to his estale, unless he waive, at the same time, the King; for they were no more accounted the possession. Neither party can determine of than a wolf's head. Bract. 1. 3. this estate at a tiine when it would be bene- WONG (Sax.], a field. Spelm. ficial to the other; and six months notice WOOD-CORN, a cerrain quantity of grain must be given before bringing an action of paid by the tenants of some manors to the ejectinent. The tenant at will is entitled to lord for the liberty to pick up dried or emblements when his estate is determined broken wood, by the lessor or the act of God,
WOOD-GELD, the cutting of wood within The courts of law have lately been very the forest, or rather the inoney paid for the reluctant to construe demises, where no cer. tain term is mentioned, to be estates at will, WOODMOTE, the forty days court : which see. but rather deem them to be terancies from WOOD-PLEA-COURT, a court held twice in year to year. Watk. Cono. 1.
the year in the forest of Clun in Shropshire, WINCHESTER, the standard measure; which for determining all matters of wood and was originally kept at Winchester.
agistments. WINDAS or WINDLASS, wanlass: which see. WOODWARDS, officers of the forest, whose WINDOW TAX, a tax on windows, where a duty consists in looking after the wood and
house contains more than six, and is worth vert and venison, and preventing offences more than five pounds per annum.
relating to the same. Manw. 189,
WOOLSACK, the seat of the Lord Chancellor diction of the admiralty. 2 Inst. 167. If in the House of Lords.
any live thing escape, or if proof can be WORDS. See Defamation.
made of the property of any of the goods of WORKHOUSES, municipal institutions for lading which come to shore, they shall not
the support and maintenance of paupers. be forfeited to the Crown as wreck. The See Poor Laws.
sheriff of the county is bound to keep the WORT or WORTH [weorth, Sax.), a curti- goods a year and a day, that if any man can lage or country farm.
prove a property in them, either in his own WORTHINE OF LAND, a certain quantity right or by right of representation, they
of ground so called in the manor of Kings- shall be restored to him without delay; but land in Hereford; the tenants are called if no such property be proved within that worthies.
time, they shall then go to the Crown. If WOUND, any lesion of the body, whether the goods be of a perishable nature, the
cuts, bruises, contusions, fractures, disloca- sheriff may sell them, and the money shall tions, or burns. In surgery, it is confined be liable in their stead. Stat. West. 1, to a solution of continuity.
3 Edw. I., c. 4. The judicial questions which arise in This revenue of wrecks is frequently cases of wounds, are: how far has the granted to lords of manors as a royal franperson who caused the injury contributed chise. to the death of the deceased, or to the Plundering wrecks is felony punishable Jesion of one or other of the functions of with transportation or iinprisonment. 7 the body? And to what is a certain wound Wm. IV, and 1 Vict., c. 84. to be referred ?
WRECK-FREE, exemption from the forfeiWounds, from their nature, may be either ture of ship-wrecked goods and vessels, slight, dangerous, or mortal.
A slight which the Cinque Ports enjoy by a charter of wound is where there are no parts injured Edward I. that are important in carrying on life, or any WRIT [breve, Lat.], a judicial process, by which of its functions, and which heals quickly, any one is summoned as an offender; a legal leaving no lesion or deformity. À dan- instrument to enforce obedience to the orders gerous wound is not mortal, though not and sentences of the courts. For the parexempt from danger presenting difficul- ticular writs see their distinctive names, as ties in its cure. A inortal wound produces assistance, error, &c. dech.
The 3 & 4 Wm. IV., c. 27, abolished a Marc divides wounds into mortal and not great number of writs. It enacted ($ 36), mortal : the first is subdivided into wounds that “no writ of right patent, writ of right of necessity inorta!, and wounds mortal by quia dominus remisit curiam, writ of right in accident; the second into wounds com- capite, writ of right in London, writ of right pletely and incompletely curable.
close, writ of right de rationabili parte, writ Dr. Biessy classifies them into slight and of right of advowson, writ of right upon dissevere wounds, and divides the latter into claimer, writ de rationabilibus divisis, writ of those which may be perfectly cured, those right of ward, writ de consuetudinibus et which inay be cured but leave some defor. servitiis, writ of cessavit, writ of escheat, inity or weakness, and those which may writ of quo jure, writ of secta de molendinum, prove fatal.
writ de essendo quietum de theolonio, writ of Circumstances as well as accident have ne injuste vexes, writ of mesne, writ of quod a considerable effect on wounds :
permittat, writ of formedon in descender, in 1. The constitution and age of the pa- remainder, or in reverter, writ of assize of tient, and his antecedent as well as co-exis- novel disseisin, nuisance, durrein presentment, tent maladies may exercise a baleful influ- juris utrum or mort d'ancestor, writ of entry ence on the injury received.
sur disseisin in the quibus, in the per, in the 2. The passions of the patient, and his per and cui, or in the post, writ of entry sur negligence or delay, or that of his atten- intrusion, writ of entry sur alienation, dum dants, may render slight wounds dangerous, fuit non compos mentis, dum fuit infra ætatem, or dangerous wounds mortal.
dum fuit in prisoná, ad communem legem, in 3. Insalubrity of the atmosphere, whether casu proviso, in consimili casu, cui in vitá, it be of a local nature, or the general con- sur cui in vitá, cui ante divortium, or sur cui stitution.
ante divortium, writ of entry sur abatement, 4. The ignorance or negligence of the writ of entry quare ejecit infra terminum, or surgeon may aggravate or endanger the ad terminum qui prateriit, or causú matrimonii condition of a wounded patient.
Beck's prælocuti, writ of aiel, besaiel, tresaiel, cosi. Med. Jurisp., c. xv. See MAYHEM.
nage, or nuper obiit, writ of waste, writ of Wreccum maris significat illa bona quæ naufra. partition, writ of disceit, writ of quod ei de
gio ad terram pelluntur.-(A wreck of the forceat, writ of covenant real, writ of war. sea signifies those goods which are driven to rantiu chartæ, writ of curia claudenda, or writ shore by a shipwreck.)
per que servitia, and no other action real or WRECK, such goods as after a shipwreck are mixed (except a writ of right of dower, or
cast upon the land by the sea, and left there writ of dower unde nihil habet, or a quare within some county, for they are not wrecks impedit, or an ejectment), and no plaint in so long as they remain at sea in the juris- the nature of any such writ or action, except