signature and the signatures of two witnesses be made in the margin, or on some other part of the Will opposite or near to the alteration, or at the foot or end of, or opposite to, a memorandum referring to such alteration, and written at the end or some other part of the Will.

Every Will is revoked by the subsequent marriage of the Testator or Testatrix, except a Will made in the exercise of a power of appointment when the property appointed thereby would not, in default of appointment, pass to the heir, executor, or administrator, or next of kin of the Testator or Testatrix.

OF THE

DIFFERENT

DESCRIPTIONS

OF PRO

PERTY, AND HOW THEY MAY BE DISPOSED OF BY WILL.

Ir being intended that but one law should exist for Wills relating to every description of property of which a Testator may be possessed, and the law

having heretofore required particular things to be done, in order to the effectual disposition of particular properties and possessions, it becomes necessary to advert specially to some of the descriptions of property concerning which the new Act makes important changes.

A Will made and executed as before directed may dispose of every description of real and personal estate which the Testator possessed, or was entitled to either at law or in equity, and which if not disposed of would descend, according to its nature, to his heir, or to his executor or administrator.

This power extends to real estate, of the nature of customary freehold, or tenant-right, or customary or copyhold, which may be disposed of by Will, notwithstanding that it shall not have been previously surrendered to the use of the Will, and notwithstanding that the Testator shall not have been actually admitted thereto, though entitled

to admission, and notwithstanding that by reason of some peculiar custom, or of the peculiar want of a custom, the estate could not have been disposed of by Will according to the power contained in 1 Victoria, c. 26., if such Act had not been made.

The power also extends to estates pur autre vie, that is to say, estates held for lives, whether there shall or shall not be any special occupant thereof, and whether the same shall be freehold, customary freehold, tenant-right, customary or copyhold, or of any other tenure, and whether the same shall be a corporeal or an incorporeal hereditament.

Besides property in possession, a Will made and executed as aforesaid may dispose of property in reversion, and whether the reversionary interest be vested,-as where the Testator is entitled to property on the decease of another person, and if the Testator shall die in the lifetime of

will still form a part of

such person, the property his estate, and belong to his heirs, executors, or administrators, or only contingent; as where certain property will belong to the Testator, if a certain event shall happen, but not otherwise. And all kinds of contingent, executory, or other future interests, in any real or personal estate, may be disposed of by Will, as before stated, whether the Testator may be entitled thereto under the instrument by which the same respectively were created, or under any disposition thereof by Deed or Will.

The power of disposing by Will, as aforesaid, extends likewise to all rights of entry for conditions broken, and other rights of entry. And the Will may take effect over every kind of real and personal estate whatsoever which a Testator shall be entitled to at the time of his death, whether he shall have become entitled thereto before, or after, the execution of his Will.

With respect to property, whether real or personal, which does not belong to the Testator, but of which he has a power to dispose, given to him by any settlement or other deed, or by a Will, it was formerly necessary, in order effectually to dispose of such property, either to refer expressly to the power, and to declare that the property was given in pursuance thereof, or to give the identical property in such terms as to leave no doubt that the power was meant to be exercised. If, for example, a sum of stock had been left to the Testator for life, with a power to dispose of it by his Will, but in case he should not dispose of it, then the stock had been given to some other person; and if he had left a Will, in which, without referring to the power so given to him, or mentioning and describing that particular sum of stock, he had bequeathed the whole of his property whatsoever and wheresoever to his children, the stock in question would not have gone to his