of the will opposite or near to such 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. [Sup. p. 102.] XXII. And be it further enacted, that no will or codicil, or any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution thereof, or by a codicil executed in manner herein-before required, and showing an intention to revive the same; and when any will or codicil which shall be partly revoked, and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention to the contrary shall be shown. [Sup. p. 102.] XXIII. And be it further enacted, that no conveyance or other Act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an Act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death. [Sup. p. 103.] XXIV. And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will. [Sup. p. 104.] vise shall include estates comprised in lapsed and void devises. XXV. And be it further enacted, that unless a contrary in- A résiduary detention shall appear by the will, such real estate or interest therein as shall be comprised or intended to be comprised in any devise in such will contained, which shall fail or be void by reason of the death of the devisee in the life-time of the testator, or by reason of such devise being contrary to law or otherwise incapable of taking effect, shall be included in the residuary devise (if any) contained in such will. [Sup. pp. 95, 96.] vise of the tes tator's lands shall include copyhold and XXVI. And be it further enacted, that a devise of the land of A general dethe testator, or of the land of the testator in any place or in the occupation of any person mentioned in his will, or otherwise described in a general manner, and any other general devise which would describe a customary, copyhold, or leasehold estate if the testator had no freehold estate which could be described by it, shall be construed to include the customary, copyhold, and lease leasehold as well as freehold lands. A general gift shall include estates over which the testator has a general power of appointment. A devise without any words of limitation shall be construed to pass the fee. The words "die leaving issue," "have no issue," shall be conIstrued to mean die without issue living at the death. hold estates of the testator, or his customary, copyhold, and leasehold estates, or any of them, to which such description shall extend, as the case may be, as well as freehold estates, unless a contrary intention shall appear by the will. [Sup. pp. 92, 93.] XXVII. And be it further enacted, that a general devise of the real estate of the testator, or of the real estate of the testator in any place or in the occupation of any person mentioned in his will, or otherwise described in a general manner, shall be construed to include any real estate, or any real estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will; and in like manner a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will. [Sup. p. 100.] XXVIII. And be it further enacted, that where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass the fee-simple, or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a contrary intention shall appear by the will. [Sup. p. 96.] XXIX. And be it further enacted, that in any devise or bewithout issue," quest of real or personal estate the words "die without issue," or "die without 66 or die without leaving issue," or "have no issue," or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail, or of a preceding gift, being, without any implication arising from such words, a limitation of an estate tail to such person or issue, or otherwise: Provided, that this Act shall not extend to cases where such words as aforesaid import if no issue described in a preceding gift shall be born, or if there shall be no issue who shall live to attain the age or otherwise answer the description required for obtaining a vested estate by a preceding gift to such issue. [Sup. p. 96.] XXX. And be it further enacted, that where any real estate (other than or not being a presentation to a church) shall be devised to any trustee or executor, such devise shall be construed to pass the fee-simple or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a definite term of years, absolute or determinable, or an estate of freehold, shall thereby be given to him expressly or by implication. [Sup. p. 97.] No devise to trustees or exe cutors, except for a term or a presentation to a church, shall pass a chattel interest. Trustees under an unlimited devise, where the trust may endure beyond the life of a person beneficially entitled for life, to take the fee. XXXI. And be it further enacted, that where any real estate shall be devised to a trustee, without any express limitation of the estate to be taken by such trustee, and the beneficial interest in such real estate, or in the surplus rents and profits thereof, shall not be given to any person for life, or such beneficial interest shall be given to any person for life, but the purposes of the trust may continue beyond the life of such person, such devise shall be construed to vest in such trustee the fee-simple, or other the whole legal estate which the testator had power to dispose of by will in such real estate, and not an estate determinable when the purposes of the trust shall be satisfied. [Sup. p. 97.] XXXII. And be it further enacted, that where any person to Devises of eswhom I real estate shall be devised for an estate tail or an any 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. [Sup. p. 98.] person tates tail shall not lapse. Gifts to chil dren or other issue who leave 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 issue living at interest not determinable at or before the death of such 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 the testator's death shall not lapse. Act not to ex- Act not to extend to Scotland. Act may be al tered this session. after the death of the testator, unless a contrary intention shall appear by the will. [Sup. p. 98.] 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, on 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. [Sup. p, 88, 102.] XXXV. And be it further enacted, that this Act shall not extend to Scotland. [Sup. p. 88.] 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. 4 & 5 W. 4, c. 76. 5 & 6 W. 4, c. 69. 1 VICT. Cap. 50. An Act to facilitate the Conveyance of Lands and Buildings for the Purposes of Two Acts passed respectively in the Fifth and Sixth Years of His late Majesty King William the Fourth. [15th July, 1837.] Whereas an act was passed in the fifth year of the reign of his late Majesty King William the Fourth, intituled "An Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales:" and whereas another Act was passed in the sixth year of the reign of his said late Majesty, intituled "An Act to facilitate the Conveyance of Workhouses and other Property of Parishes and of Incorporations or Unions of Parishes in England and Wales:" and whereas doubts are entertained as to whether the herein recited Acts respectively apply to lands or buildings or other hereditaments of copyhold or customary tenure; and it is expedient that such doubts should be removed, and that the provisions of the said Acts should be extended in some respects: be it therefore enacted and declared by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that the provisions of the said herein recited Acts apply to and comprise lands and buildings and other hereditaments of copyhold or customary tenure, as well as lands, buildings, and other hereditaments of freehold tenure. II. And be it enacted, that whenever any contract shall be entered into for the purposes of the said recited Acts or either of them, or of this Act, respecting any lands, buildings, or other hereditaments of copyhold or customary tenure, it shall be lawful for the poor law commissioners to direct that the difference in value of such lands or buildings or other hereditaments, as of copyhold or customary tenure, and the freehold or fee simple thereof, including therein the value of any fine, heriot, or customary due, payment, or rent, or any service capable of being valued, in respect of such land or building or other hereditaments, shall be ascertained by such means as they shall think fit; and that such difference in value when so ascertained shall be paid to or invested for the use and benefit of the lord of the manor of which such lands or buildings or other hereditaments shall be parcel, or such other person as would be entitled to the fines payable upon death or alienation of the same, or to such heriot, dues, payment, rent, or service respectively; and upon and from the making of such payment or investment such lands or buildings or other hereditaments shall thenceforth be deemed enfranchised and for ever discharged from every fine, customary or copyhold, heriot, due, payment, rent, suit, or service; and such lands and buildings and other hereditaments shall thenceforth be and remain of the tenure of free and common socage: provided always, that if any such lord of the manor, or other person be under any legal disability, the powers of the said recited acts, and of every other act for building, hiring, or purchasing workhouses, or for acquiring lands for workhouse purposes, enabling persons under disability to convey or otherwise dispose of and deal with property, shall apply to such lord of the manor or other person as amply and fully as |