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22. An equitable Interest is devisable without a Surrender
27. But an equitable Entail is not barred by a Devise
31. Where a Surrender will be supplied
38. A Surrender not supplied unless the Intent is appa-
rent
41. The Heir sometimes put to his Election
CHAP. V.
Of the Solemnities necessary to a Devise.
1. Statute of Frauds
2. What is required by this Statute
3. Writing
7. Signing by the Testator
14. Attestation by Three Witnesses
52
65
19. Who must see the whole Will
21. And must attest in the Presence of the Testator
29. But may attest at different Times
35. Whether Wills and Codicils must be separately attested
42. Who may be Witnesses
47. Publication
50. A Person cannot empower himself to give Lands by a
Will not duly attested
52. Wills charging Lands are within the Statute
53. But not Wills or Codicils giving Legacies
58. Wills of Trust Estates are within the Statute
60. And of Mortgages and Equities of Redemption
62. But not Wills of Copyholds
87
id.
88
68. Or of Terms for Years
70. Except Terms attendant on the Inheritance
088
89
72. Wills made abroad within the Statute
Page
-
91
73. The Execution of a Will may be proved in Chancery -
4. A subsequent Will revoking, or inconsistent with a
32. An Obliteration of Part does not revoke the whole
37. Cancelling one Part revokes the other
103
105
107
CHAP. X.
Construction-What Words create a Devise, and describe the Devisees
and the Things devised.
2. What Words create a Devise
7. Words of Advice or Defire do not create a Devise
14. But sometimes raise a Trust
203
54. What Words neceffary to describe the Things devised
55. The Words Lands, Tenements, and Hereditaments
218
219
59. Meffuage and House
63. The Word Estate
67. All my Rents
69. All I am worth
223
228
71. The Word Legacy
73. Residue of Estate, Property, and Effects
81. Effect of additional Words
88. Words sometimes applied against their Technical
Meaning
91. General Words confined to Freeholds
105. What Words neceffary to pass Reversions
119. And Mortgages or Lands held in Trust for others
128. And Equities of Redemption
129. And Copyholds
Construction-What Words create an Estate in Fee Simple.
2. Words showing an Intention to give the whole Interest 260
37. A Devise generally may be enlarged into an Estate Tail
46. A Devise for Life may be enlarged into an Estate Tail
301
302
305
CHAP. XIII.
Construction-What Words create an Estate for Life, a Term for
Years, and uncertain Interests.
25. Though charged with a Payment out of the Estate
devised
336
340
33. Or an Annuity during the Life of the Devisee
35. The Word Estate, when descriptive of Local Situation 34!
38. The Word Hereditament
39. Where the general Intention requires it
43. What Words create a Term for Years
45. And uncertain Interests
342
343
344
- 345