of devise, in order to pass freehold lands, must have been attested by three or four witnesses, whilst a will bequeathing personal property, though in some instances two witnesses were required, yet in most others, any paper, even unattested by witnesses, might be proved as the will of a deceased party. The law as regarded this very important department had received fewer modifications than almost any other. Latterly, however, while improvements have been made in the system of conveyancing, as regards transactions inter vivos, the law of testamentary disposition has not been neglected. In the present instance, the Legislature has not confined itself to partial alterations and amendments, but so far as the disposing power is concerned, has grasped the whole subject of testamentary dispositions, propounding one law to all testators as to every species of property, and every mode of dominion.* The recent Act for the amendment of the * Hayes, Introd. Conv., vol. i., 341. laws with respect to wills is given in the Appendix, and requires of the student a diligent and attentive perusal. On comparing the old law with the provisions of this enactment, it will be seen how many evils have been obviated, how many anomalies reconciled, and what comparative uniformity has been produced. as to the law which regulates testamentary dispositions. The chief points to be attended to are the parties who may make a will, and the mode in which it may be made, executed, and attested. Respecting the first, all persons who are capable of disposing of their estates inter vivos, may dispose of them by will. Minors, however, i.e., persons within the age of twenty-one years, cannot now make a will, for it is provided by the statute now under notice,* that no will made by any person under the age of twenty-one shall be valid. Married women may still make wills in all * S. 7. cases where they might have done so prior to this enactment. The instances in which a power of testamentary disposition could have been, and can still be exercised by a married woman are principally the following, e.g. :— 1. Where she has a separate estate; or, 2. Where a power of appointment is given or reserved to her. As regards the making of a will, no distinct form is given or prescribed by the statute, and any words from which the mind and intentions of the testator as to what he would have done with his property after his decease, can be collected, will be sufficient. Great, however, as is the latitude thus allowed, and informal as wills may be in all other points, there are two very important requirements which must imperatively be attended to. These relate to the signing, and the attestation of the will. It is provided by section 9, that no will shall be valid unless signed at the foot or end thereof by the testator, or by some other person in his presence, and by his direction, and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest, and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary. APPENDIX. FORMS. No. I. AN AGREEMENT TO TAKE A FURNISHED HOUSE, ARTICLES OF AGREEMENT entered into this day of Parties. to let. for himself, his heirs, executors, and administrators, of the one part, and (the tenant) of for himself, his heirs, executors, and " administrators of the other part, as follow; that is to say, the said (landlord) agrees to let, and Agreement the said (tenant) agrees to take, a certain messuage or dwelling-house, situate at together with the fixtures, furniture, crockery, utensils, and things particularly mentioned in the schedule thereof, hereunder written, for the term of years, to commence from the For term of now next ensuing, after day of one year. |