making of the same. If, therefore, an estate be devised to B. and his heirs, and B. dies in the testator's life-time, the devise lapses, and a republication of the will does not give to the heir of B. a claim by purchase; for though the original devise was to B. and his heirs, yet, because the heirs were named in the will to take by descent, as heirs only, and not as the persons designed to take the land immediately, the devise to them was rendered void by the death of B. in the testator's life-time, and the new publication of the will cannot make it good. Plowd. 545.

A will, or in more correct phraseology, a testament, disposing of all the personal property of which the testator may die possessed, will be effectual to pass such personal property, at whatever distance of time the testator may die after the making thereof. But the law is different in the devise of real estate; for a will devising property of that description will only pass such real estate as the testator actually possessed at the time of the execution and publication of the will. Therefore to pass real property which may have accrued to him, or been purchased by him after the making of his will, the will must have been legally and formally republished subsequent to the accruing, or the purchasing, or the contract to purchase, such real property acquired after the making of his will; it will not pass under his previously made

will, in which he has devised "all the real estate of which he may die possessed;" the will will have no effect but on such real estate as was actually in his possession at the time of executing and publishing it. To pass after acquired property of this description, it is indispensably necessary that the will should be republished, which republication ís performed by the testator's (if he does not wish to make any alteration in his will, but remains exactly of the same mind as to the method of the disposal of his property) calling in three competent witnesses, and declaring to them that the signature of the will is his hand-writing, and using the same ceremonies as on the original execution of the will. 11 Ves. Jun. 550. The republication is then to be dated, and the witnesses must sign their names to it.

But though the effect of the limitations of the will cannot be enlarged, yet if a will containing a general devise of the testator's estates is republished, an estate only contracted to be purchased after such general devise will pass under the will; as in equity the estate is considered in the purchaser from the execution of the contract. Brown v. Monck, 10 Ves. Jun. 595.

This rule, that no lands purchased after making the will shall pass by force of the devise, unless the will has received the authentication of republication, holds in respect of copyhold lands. For

if a testator makes a general devise of all his lands to certain uses, and afterwards purchases copyhold lands, such after-purchased lands will not pass by the antecedent will, unless after the purchase they have been surrendered to the uses declared, or to be declared, by his last will and testament. Cowp. 130; 1 Roll. Abr. 618.

As to the operation of a codicil as a republication of a will, it has been held that a codicil, executed and attested according to the statute, is a republication of a previous will, and has the effect of making it reach to the date of the codicil, and consequently of passing all the intermediate acquisitions of the testator, provided they are sufficiently described. Holmes v. Coghill, 7 Ves. Jun. 486. But if a will disposing of land is informal as to its execution, a codicil, although executed with the prescribed formalities of the statute, will not supply the defect; for what is bad in its creation, cannot be made good ex post facto. 2 Vern. 597. But a will, invalid on account of the want of the solemnities of execution and attestation, may be rendered efficient by a codicil, expressly adopting the will as annexed, provided such codicil is executed with the requisites of the statute. 16 Ves. Jun. 167.

Where a testator, after having made a general devise of his lands, purchases other lands, and then makes a codicil, duly executed, to pass real estate, if the codicil is annexed or confirms the

will, or has a reference to it, this amounts to a republication of the will, and has the effect of passing the lands purchased subsequently to the general devise, though no notice is taken of the after purchased lands. 1 Cowp. 158. And this, even, though no intention is expressed as to republishing the will, and that the dispositions of the codicil extend only to personal property. 7. Ves. Jun. 98.

But where a testator in his will devised certain real estates, and by a codicil, confirming his will, devised the same estates to trustees, this republication was held not to pass estates purchased between the time of his making his will and codicil; for the presumption that the testator intended to pass the latter estates was rebutted by his expressly referring to the former estates. 7 Term Rep. 482.

Since the statute of frauds there can be no republication of a devise of lands by implication. Vin. Abr. tit. Dev. Z. Yet where two wills are made, the latter of which is cancelled previous to the death of the testator, the original will is held to be set up again by a species of implied publication. 4 Burr. 2512,

With respect to the republication of wills affecting personal estate, very slender evidence will serve. Words merely declarative of an intention to republish have been held effectual as a repub

lication. Abney v. Miller, 2 Atk. 593. In short, any act or expression of the testator, sufficient to authorize a fair presumption that he desired his will should remain, was at the common law, and, as the statute of frauds affects only estates of inheritance, still is a good republication of a will disposing of personal property. 1 Ves. 497.

7. Of the Revocation of Wills.

A will may be revoked or annulled either expressly or by implication, or it may be revoked either totally or partially.

An express or total revocation is where the testator burns, cancels, tears, or obliterates his will; or the same effect may be produced by another will or codicil revoking the prior will. A revocation by implication may be produced by an alteration in the circumstances of the testator; as by the subsequent marriage and birth of a child. And it is a primary rule of law, that any alteration of the estate, or a new estate taken, is in law a revocation, whether such alteration was made for a partial or general purpose. A partial revocation is where a testator partially alters or modifies his bequests.

Whether a testator totally or partially alters his will, he is at liberty to do so at any time he thinks proper; and no language, however strong in his will, purporting that the will should not be revo