disposition or direction inserted after the signature shall be 15 & 16 Vict. made (e). (a) 1 Vict. c. 26, s. 9, ante, p. 505. c. 24, 8. 1. (b) A will of an English lady, drawn up by a notary in France, was signed by her, not at the end of the will itself, but at the end of a notarial minute, which immediately followed the will, detailing the circumstances and facts under which the will was made: it was held, that such a signature was a compliance with this statute. (Page v. Donovan, 3 Jur., N. S. 220.) Where a testator signed the first five sheets of a will, but omitted to sign the sixth, which was the last, and the attesting witnesses signed all six sheets, no part of the will was admitted to probate. (Sweetland v. Sweetland, 13 W. R. 504.) Signatures placed beside or opposite to the end of Signature placed the will have been held good. (Re Wright, 4 Sw. & Tr. 35; Re Jones, beside or opposite end of will, 13 W. R. 414; Re Williams, L. R., 1 P. & M. 4; Re Coombs, ib. 302.) A will was held to be duly executed where the signatures of the testator on paper wafered and the attesting witnesses were written on a separate piece of paper, which to will. had been previously wafered to the foot of the will. (Cook v. Lambert, 11 W. R. 401.) But there must be evidence that the paper was so attached at the time of signature. (Re West, 12 W. R. 89.) (c) Wills have been held duly executed where blank spaces were left Blanks. after the concluding words. (Hunt v. Hunt, L. R., 1 P. & M. 209; Re Archer, L. R., 2 P. & M. 252.) (d) A. wrote out his own will, concluding with an attestation clause, in signature in which his name appeared. He afterwards called in two witnesses, told attestation clause. them the paper was his will, read the latter portion of it to them, including the attestation, and requested that they would sign their names, which they did. His name was not written at the foot or end otherwise than in the attestation clause: it was held, that, under this act, the execution was valid. (In bonis Walker, 2 Sw. & Tr. 354; see Smith v. Smith, L. R., 1 P. & M. 143; Re Casmore, ib. 653.) (e) Words written underneath and following the signature of the testa- Words following tor have been included in the probate (Re Brompton, 33 L. J., Prob. 153; signature, Re Woodley, ib. 154; Re Powell, 13 W. R. 696; Re Ainsworth, L. R., 2 P. & M. 151; Re Birt, ib. 214), but a clause written underneath the signature, although before execution, has been excluded. (Re Greator, 2 Jur., N. S. 1172; Re Dallow, L. R., 1 P. & M. 189.) As also a clause added inserted after by testator after signing his name. (Re Arthur, L. R., 2 P. & M. 273.) 2. The provisions of this act shall extend and be applied to every will already made, where administration or probate has not already been granted or ordered by a court of competent jurisdiction in consequence of the defective execution of such will, or where the property not being within the jurisdiction of the ecclesiastical courts, has not been possessed or enjoyed by some person or persons claiming to be entitled thereto in consequence of the defective execution of such will, or the right thereto shall not have been decided to be in some other person or persons than the persons claiming under the will, by a court of competent jurisdiction, in consequence of the defective execution of such will. signing. Act to extend to certain wills already made. "will." 3. The word "will" shall in the construction of this act be Interpretation of interpreted in like manner as the same is directed to be interpreted under the provisions in this behalf contained in the said act of the first year of the reign of her Majesty Queen Victoria (f). (f) 1 Vict. c. 26, s. 1, ante, p. 498. 4. This act may be cited as Act, 1852." "The Wills Act Amendment Short title of act. 24 & 25 Vict. c. 114, s. 1. Wills made out of the kingdom to be admitted if made according to the law of the WILLS OF PERSONALTY BY BRITISH SUBJECTS. 24 & 25 VICTORIA, C. 114. An Act to amend the Law with respect to Wills of Personal Be it enacted by, &c., as follows: [6th August, 1861.] 1. Every will and other testamentary instrument made out of the United Kingdom by a British subject (whatever may be the domicile of such person at the time of making the same or at the time of his or her death) shall as regards personal estate be held to be well executed for the purpose of being admitted place where made. in England and Ireland to probate, and in Scotland to confirmation, if the same be made according to the forms required either by the law of the place where the same was made or by the law of the place where such person was domiciled when the same was made, or by the laws then in force in that part of her Majesty's dominions where he had his domicile of origin (a). Wills made in admitted if made according to local usage. (a) Before this act, a will must have been executed according to the law of the country where the testator was domiciled at the time of his death. (1 Wms. Exors. 352.) When a British subject dies abroad after the passing of this act, having a will executed in England, in accordance with the law of England, upon motion for probate it is not necessary to consider whether he had or had not acquired a foreign domicil. (Re Rippon, 3 Sw. & Tr. 177.) In determining what papers are testamentary under the provisions of this act, the court will have regard to the law of one country only, and will not mix up the legal precepts of different countries. (Pechell v. Hilderley, L. R., 1 P. & M. 673.) Probate is conclusive that an instrument is testamentary, but does not determine the validity of the dispositions contained in it. (Whicker v. Hume, 7 H. L. C. 124; 6 W. R. 813.) It seems, therefore, that this act leaves the extent of the power of testamentary disposition over personal property in England to be determined by the law of the testator's domicile at his death, except in cases within sect. 3. (4 Davidson, Conv. 265, n.) See further as to this statute, Sugd. R. P. Stat. 398 et seq.; Hayes & Jarm. Wills, 539 et seq., 7th ed. 2. Every will and other testamentary instrument made within the kingdom to be the United Kingdom by any British subject (whatever may be the domicile of such person at the time of making the same or at the time of his or her death) shall as regards personal estate be held to be well executed, and shall be admitted in England and Ireland to probate, and in Scotland to confirmation, if the same be executed according to the forms required by the laws for the time being in force in that part of the United Kingdom where the same is made. 3. No will or other testamentary instrument shall be held to be revoked or to have become invalid, nor shall the construction thereof be altered, by reason of any subsequent change of domicile of the person making the same (b). (b) A domiciled Scotchman made a will, and afterwards married in Scotland. He subsequently acquired an English domicile, which he retained until his death. Held, that as the will was valid as long as he remained in Scotland, it was not revoked by his subsequent change of domicile, and was entitled to probate in England. (Re Reid, L. R., 1 P. & M. 74.) This section appears to mean not merely that the will is to remain a valid instrument, notwithstanding a change of domicile, but that as to property within the United Kingdom its operation is not to be curtailed. (4 Davidson, Prec. Conv. 265, n.) 24 & 25 Vict. c. 114, s. 3. Change of domi cile not to invalidate will. wills otherwise 4. Nothing in this act contained shall invalidate any will or Nothing in this other testamentary instrument as regards personal estate which act to invalidate would have been valid if this act had not been passed, except as made. such will or other testamentary instrument may be revoked or altered by any subsequent will or testamentary instrument made valid by this act. 5. This act shall extend only to wills and other testamentary Extent of act. instruments made by persons who die after the passing of this act. 24 & 25 Vict. c. 121, s. 1. No British subject dying in a foreign country to be deemed to have acquired a domicile unless resident there for one year immediately preceding his or her death, &c., and for all purposes of testate or intestate succession shall retain the domicile possessed at the time of going to reside in such foreign country. No foreign subject dying in Great Britain or WILLS AND DOMICILE OF BRITISH SUBJECTS 24 & 25 VICTORIA, C. 121. An Act to amend the Law in relation to the Wills and Domi- WHEREAS by reason of the present law of domicile the wills of British subjects dying whilst resident abroad are often defeated, and their personal property administered in a manner contrary to their expectations and belief; and it is desirable to amend such law, but the same cannot be effectually done without the consent and concurrence of foreign states: be it therefore enacted by, &c., as follows: 1. Whenever her Majesty shall by convention with any foreign state agree that provisions to the effect of the enactments herein contained shall be applicable to the subjects of her Majesty and of such foreign state respectively, it shall be lawful for her Majesty by any order in council to direct, and it is hereby enacted, that from and after the publication of such order in the London Gazette no British subject resident at the time of his or her death in the foreign country named in such order shall be deemed under any circumstances to have acquired a domicile in such country unless such British subject shall have been resident in such country for one year immediately preceding his or her decease, and shall also have made and deposited in a public office of such foreign country (such office to be named in the order in council) a declaration in writing of his or her intention to become domiciled in such foreign country; and every British subject dying resident in such foreign country, but without having so resided and made such declaration as aforesaid, shall be deemed for all purposes of testate or intestate succession as to moveables to retain the domicile he or she possessed at the time of his or her going to reside in such foreign country as aforesaid (a). (a) It is believed that no such convention has yet been agreed to. See further, as to the probable operation of the act, Hayes & Jarm. Wills, 540, 7th ed.; Sugd. R. P. Stat. 398. 2. After any such convention as aforesaid shall have been entered into by her Majesty with any foreign state it shall be c. 121, s. 2. Ireland to be deemed to have acquired a domident therein for cile unless resi lawful for her Majesty by order in council to direct, and from 24 & 25 Viet. and after the publication of such order in the London Gazette it shall be and is hereby enacted, that no subject of any such foreign country who at the time of his or her death shall be resident in any part of Great Britain or Ireland shall be deemed under any circumstances to have acquired a domicile therein, unless such foreign subject shall have been resident within Great Britain or Ireland for one year immediately preceding his or her decease, and shall also have signed, and deposited with her Majesty's secretary of state for the home department, a declaration in writing of his or her desire to become and be domiciled in England, Scotland or Ireland, and that the law of the place of such domicile shall regulate his or her moveable succession. one year immediately preceding his or her death, &c. 3. This act shall not apply to any foreigners who may have who this act shall obtained letters of naturalization in any part of her Majesty's not apply to. dominions. When subjects of foreign states folie in her Majesty's domi nions, and there shall be no per sons to administer the consuls of to their estates, states may ad such foreign 4. Whenever a convention shall be made between her Majesty and any foreign state, whereby her Majesty's consuls or vice-consuls in such foreign state shall receive the same or the like powers and authorities as are hereinafter expressed, it shall be lawful for her Majesty by order in council to direct, and from and after the publication of such order in the London Gazette it shall be and is hereby enacted, that whenever any subject of such foreign state shall die within the dominions of minister. her Majesty, and there shall be no person present at the time of such death who shall be rightfully entitled to administer to the estate of such deceased person, it shall be lawful for the consul, vice-consul, or consular agent of such foreign state within that part of her Majesty's dominions where such foreign subject shall die, to take possession and have the custody of the personal property of the deceased, and to apply the same in payment of his or her debts and funeral expenses, and to retain the surplus for the benefit of the persons entitled thereto; but such consul, vice-consul, or consular agent, shall immediately apply for and shall be entitled to obtain from the proper court letters of administration of the effects of such deceased person, limited in such manner and for such time as to such court shall seem fit (b). (b) As to administration to a person, domiciled out of this country, of property here, see 1 Wms. Exors. 414; Re Hill, L. R., 2 P. & M. 89. |