Abridgment of Cases in the Prerogative Court Under the New Statute of Wills, 1 Victoria, C. 26: Being a Digest of All the Decisions Thereon in that Court, and Arranged Under the Sections to which They Apply Respectively, with Notes and Index ...

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W. Benning & Company, 1846 - Law reports, digests, etc - 130 pages
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Page 6 - the Law and the better Advancement of Justice," and of an Act passed in the Parliament of Ireland in the sixth year of the reign of Queen Anne, intituled " An Act for the Amendment of the Law and the better Advancement of Justice," as relates to witnesses to nuncupative Wills; and sec. 9,
Page 103 - an act by which such Will shall be revoked as aforesaid, 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 his death. XXIV. And be it further enacted, That
Page 105 - or pass the fee. other the whole estate or interest which the testator had power to dispose of by Will in such real estate, unless a contrary intention shall appear by the Will. XXIX. And be it further enacted, that in The words any devise or bequest of real or personal estate
Page 40 - such witnesses shall attest and shall subscribe the Will in the presence of the testator.' It does not appear to me that the requisites of the Act would be complied with if the Court were to hold that a testator might sign after the witnesses had subscribed, either at the same time, or two hours, or two weeks afterwards.
Page 105 - 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 the Will. XXVIII. And be it further enacted, that where
Page 103 - 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
Page 107 - of the testator, such devise or bequest shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the Will. section
Page 107 - of the testator, such devise shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the Will.
Page 109 - purposes of this Act be deemed to have been made at the time at which the same shall be so re-executed, republished, or revived; and that this Act shall not extend to any estate pur autre vie of any person who shall die before the first day of January One
Page 77 - tion to revoke the same, and executed in the manner in which a Will is hereinbefore required to be executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his

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