involves, perhaps, all their hard-earned gains, all their tenderest affections-nor less upon professional men, who may have acquired some repute by framing or advising on the wills of others, the folly of jeopardizing it by making their own (x); and, (if we may be allowed to mingle, yet further, morals with our law,) by condemning all whimsical, ostentatious, and splenetic schemes of disposition,-the singularity which departs from ordinary and approved modes, where nothing peculiar exists; the vanity which, regardless of near and known connections, provides, for remote generations, a vast estate and an obscure name (y); the charity which reserves itself for

(x) See Medlycott v. Jortin, 2 Brod. & B. 632; a case upon Mr. Serjeant Hill's will, which was so singularly confused, that, but for the respect due to the very learned Serjeant, it might, not unreasonably, have been held void for uncertainty. The will of Sir Samuel Romilly was also inartificially penned.

(y) The most remarkable modern instances are afforded by the wills of Thellusson, (see Thellusson v. Woodford, 4 Ves. 227; 11 Ves. 112), and Bengough, (see Cadell v. Palmer, 10 Bingh. 140; 7 Bligh's Parl. Rep. N. S. 200). With respect to Thellusson's scheme, the enormous accumulation once anticipated, which seemed almost to threaten the equipoise of the state, vanished in Chancery management, &c.; and as parliament had interposed by a public act, (39 & 40 Geo. 3, c. 98,) to limit accumulation, so it now interposed by a private act, (3 & 4 Will. 4, c. 27,) to correct, in some degree, the particular mischief. Bengough's will, (which contained directions for a funeral with civic honours and a costly monument,) was established, after a vigorous contest, by a recent judgment of the House of Lords.

D

posthumous admiration; resentments that sleep not in the grave: finally, addressing to all, who have disposable property, (and who has not personal property?) this admonition-to settle their affairs, at leisure and in health, while there is yet a sound mind in a sound body, that so they may die, not only testate, but advisedly, justly, and wisely testate.

THE NEW STATUTE OF WILLS.

7 WILL. IV. & 1 VICT. CAP. 26,

An Act for the Amendment of the Laws with Respect

to Wills.

[3rd July, 1837.]

EXPLANATION OF TERMS.

certain words

BE it enacted by the Queen's most Excellent Majesty, Meaning of by and with the advice and consent of the Lords spi- in this act ; ritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, that the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows: (that is to say,) the word "will" shall extend to a testament, and to "Will." a codicil, and to an appointment by will or by writing, in the nature of a will in exercise of a power; and also to a disposition by will and testament or devise of the custody and tuition of any child, by virtue of

an Act passed in the twelfth year of the reign of 12 Car.2, c. 24. King Charles the Second, intituled, An Act for taking away the court of wards and liveries, and tenures in capite and by knights service, and purveyance, and for settling a revenue upon his Majesty in lieu thereof, or by virtue of an Act passed in the parlia

(1.)

14 & 15 Car, 2, ment of Ireland in the fourteenth and fifteenth years of the reign of King Charles the Second, intituled, An Act for taking away the court of wards and liveries, and tenures in capite and by knights service, and to any other testamentary disposition; and the "Realestate:" words "real estate" shall extend to manors, advowsons, messuages, lands, tithes, rents, and hereditaments, whether freehold, customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether corporeal, incorporeal, or personal, and to any undivided share thereof, and to any estate, right, or interest (other than a chattel interest) "Personal es- therein; and the words "personal estate" shall ex

tate:"

Number:

Gender.

Repeal of the statutes of

c. 1, and 34 &

35 H. 8, c. 5.

tend to leasehold estates and other chattels real, and also to monies, shares of government and other funds, securities for money (not being real estates), debts, choses in action, rights, credits, goods, and all other property whatsoever, which by law devolves upon the executor or administrator, and to any share or interest therein; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing; and every word importing the masculine gender only shall extend and be applied to a female as well as a male.

REPEAL CLAUSE.

II. And be it further enacted, That an Act passed wills, 32 H. 8, in the thirty-second year of the reign of King Henry the Eighth, intituled, The Act of wills, wards, and primer seisins, whereby a man may devise two parts of his land; and also an Act passed in the thirtyfourth and thirty-fifth years of the reign of the said King Henry the Eighth, intituled, The Bill concern

Sess. 2, c. 2,

19, 20, 21 &

7 W. 3, c. 12.

(1.)

ing the explanation of wills; and also an Act passed 10 Car. 1, in the parliament of Ireland, in the tenth year of the (I.) reign of King Charles the First, intituled, An Act how lands, tenements, etc. may be disposed by will or otherwise, and concerning wards and primer Sec. 5, 6, 12, seisins and also so much of an Act passed in the 22, of the statute of frauds, twenty-ninth year of the reign of King Charles the 29 Car. 2, c. 3; Second, intituled, An Act for prevention of frauds and perjuries, and of an Act passed in the parliament of Ireland in the seventh year of the reign of King William the Third, intituled An Act for prevention of frauds and perjuries, as relates to devises or bequests of lands or tenements, or to the revocation or alteration of any devise in writing of any lands, tenements, or hereditaments, or any clause thereof, or to the devise of any estate, pur autre vie, or to any such estate being assets, or to nuncupative wills, or to the repeal, altering, or changing of any will in writing concerning any goods or chattels or personal estate, or any clause, devise, or bequest therein; and also so much of an Act passed in the fourth and fifth years of the reign of Queen Anne, intituled An Act for the amendment of the law and the better advancement of justice, and of an Act passed in the parliament of Ireland in the sixth year of the reign 6 Anne, c. 10. of Queen Anne, intituled An Act for the amendment of the law and the better advancement of justice, as relates to witnesses to nuncupative wills; and also so much of an Act passed in the fourteenth year of Sec. 9, of 14 the reign of King George the Second, intituled An Act to amend the law concerning common recoveries. and to explain and amend an Act made in the twentyninth year of the reign of King Charles the Second, intituled 'An Act for prevention of frauds and per

Sec. 14, of 4

& 5 Anne, c.

16.

(I.)

G. 2, c. 20.