1 Vict. c. 26.

Devises of estates tail shall not lapse.

Gifts to children or other

issue who leave issue living at

the testator's

death shall not lapse.

Act not to extend to Wills made before 1838 (y), nor to estates pur autre vie of persons who die before 1838.

Act not to extend to Scotland.

Act may be

altered this session.

XXXII. And be it further enacted, That where any person to whom any real estate shall be devised for an estate tail or an estate in quasi entail shall die in the lifetime of the testator leaving issue who would be inheritable under such entail, and any such issue shall be living at the time of the death 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.

XXXIII. And be it further enacted, That where any person being a child or other issue of the testator to whom any real or personal estate shall be devised or bequeathed for any estate or interest not determinable at or before the death of such person shall die in the lifetime of the testator leaving issue, and any such issue of such person shall be living at the time of the death 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 (x).

XXXIV. And be it further enacted, That this Act shall not extend to any Will made before the first day of January, one thousand eight hundred and thirty-eight, 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 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 thousand eight hundred and thirty-eight.

XXXV. And be it further enacted, That this Act shall not extend to Scotland.

XXXVI. And be it enacted, That this Act may be amended, altered, or repealed by any act or acts to be passed in this present session of Parliament.

(x) See infra, p. 1097, et seq.

(y) See infra, p. 112, 176, 188.

TABLE OF CONTENTS.

PART THE FIRST.

OF THE APPOINTMENT OF EXECUTORS AND

ADMINISTRATORS.

PART I. BOOK I.

OF THE ORIGIN OF WILLS OF PERSONAL ESTATE; AND OF

THEIR NATURE AND INCIDENTS.

CHAPTER I.-Of the Origin of Wills of Personal Estate.

p. 1.

CHAPTER II.-Of the Nature and Incidents of Wills and

Codicils of Personal Property. p. 6.

PART I. BOOK II.

OF THE MAKING, REVOCATION, AND REPUBLICATION OF

WILLS OF PERSONAL ESTATE.

CHAPTER I.-Who is capable of making a Will of Per-

sonalty. p. 11.

SECT. 1.-Persons incapable from want of Discretion.

P. 14.

SECT. 2.-Persons incapable from want of Liberty or Freewill.

p. 41.

SECT. 3.-Persons incapable from their Criminal Conduct. p. 56.

b2

1

CHAPTER II.-Of the Form and Manner of Making a

SECT. 2. Of the Attestation of Wills and Codicils of Personal

SECT. 5. Of the Materials with which a Will may be written,

and of the Person who may be the writer: and

herewith of a Will prepared by a Legatee.

SECT. 6.—Of Nuncupative Wills and Codicils.

p. 109.

P. 96.

P. 101.

CHAPTER III.-Of the Revocation of Wills of Personalty.

SECT. 1.-Revocation by Destruction, Burning, Tearing, Can-

cellation, or Obliteration.
p. 113.

SECT. 2.-Revocation by a subsequent Testamentary Disposition.

p. 138.

SECT. 3.-By express Revocation.

p. 156.

SECT. 4.-Revocation by the Republication of a prior Will.

p. 161.

SECT. 5.-Revocation by Marriage or other change of circum-

stances; and therewith of Presumptive or Implied

Revocation.

p. 161.

CHAPTER IV.-Of the Republication of Wills. p. 178.

SECT. 1.—How a Will may be republished or revived.
p. 178.

SECT. 2. Of the Consequences of Republication. p. 188.

PART I. BOOK III.

OF THE APPOINTMENT OF EXECUTORS, AND THE ACCEPTANCE

OR REFUSAL OF THE OFFICE.

CHAPTER I.-Who is capable of being an Executor.

p. 198.

CHAPTER II.-Of the Appointment of Executors :-by

what words Executors may be appointed. p. 209.

CHAPTER III.-In what ways the Appointment of Exe-

cutors may be qualified. p. 217.

CHAPTER IV.-In what cases the appointed Executor

may transmit his Appointment. p. 222.

CHAPTER V.-Of an Executor de son tort.

p. 225.

CHAPTER VI. Of the Executor's refusal or acceptance

of the Office.

p. 241.

SECT. 1.-When and how the Office may be refused.

p. 241.

SECT. 2.-The Consequence of Renunciation by an Executor.

p. 248.

PART I. BOOK IV.

OF PROBATE.

CHAPTER I.-Of the necessity of obtaining Probate in

the Ecclesiastical Court: and therewith of the

Acts and Liabilities of an Executor before Probate.

p. 253.

SECT. 1.-The Will must be proved in the Ecclesiastical Court.

p. 253.

SECT. 2. What the Executor may do before Probate.

p. 256.

CHAPTER II.-In which of the Ecclesiastical Courts the

Will is to be proved; and herewith of Bona

Notabilia. p. 264.

CHAPTER III.-Of the Manner of obtaining Probate,

and the Practice of the Ecclesiastical Court with

respect thereto. p. 287.

SECT. 1.-By whom the Will should be proved; and herewith

of the Production and Deposit of Testamentary

Papers. p. 287.

SECT. 2.-When the Will is to be proved. p. 290.

SECT. 3.-Proof of Will in Common Form.

p. 292.

SECT. 4.-Proof of Wills in Solemn Form or per Testes. p. 299.

SECT. 5.-Evidence in Testamentary Causes.

p. 305.

SECT. 6. Of the Probate of Wills of Foreigners, &c., and of

British Subjects domiciled out of the Jurisdiction

of the Court. p. 320.

SECT. 7.-Practice of the Spiritual Court in certain other Par-

ticulars as to granting Probate.

SECT. 8.-Of Mandamus to compel Probate.

p. 330.

SECT. 9. Of what Instruments Probate is necessary.

p. 339.

p. 341.

CHAPTER IV.—Of the Making and Probate of the Wills

of Seamen and Marines. p. 346.

PART I. BOOK V.

OF THE ORIGIN OF ADMINISTRATION; AND OF THE

APPOINTMENT OF ADMINISTRATORS.

CHAPTER I.-In what Court Administration must be

taken out; and therewith of what may be done by

the Administrator before Letters of Administration

are granted. p. 350.

SECT. 1.-In what Court the Letters of Administration shall be

obtained. p. 350.

SECT. 2.-What may be done by an Administrator before Letters

of Administration are granted. p. 353.

CHAPTER II.—Of the grant of general original Adminis-

tration in cases of total Intestacy. p. 357.

SECT. 1.-To whom general Administration is to be granted.

p. 357.

p. 390.

SECT. 2.-Who are incapable of being Administrators.

SECT. 3.-Of the Mode of granting Letters of Administration,

and the Form thereof. p. 392.

SECT. 4.-Of Administration to the Effects of intestate Seamen,

Marines, and Soldiers.

p. 395.

CHAPTER III.-Of Special and Limited Administrations.

p. 402.

SECT. 1.-Of Administration cum testamento annexo.

p. 402.