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. 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. XXIX. And be it further enacted, that in any devise or be" quest of real or personal estate the words "die without issue," 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. 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. A devise withof limitation out any words shall be construed to pass the fee. The words "die without issue," or "die without leaving issue," or "have no issue," shall be construed to mean die without issue living at the death. 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 per 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 son beneficially entitled for life, interest shall be given to any person for life, but the purposes to take the fee. Devises of estates tail shall not lapse. Gifts to children or other issue who leave issue living at the testator's death shall not lapse. Act not to extend to wills made before 1838, nor to estates pur autre vie of persons who die before 1838. Act not to extend to Scotland. Act may be al. tered this ses sion. 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. XXXII. And be it further enacted, that where any person to whom any real estate shall be devised for an estate tail or an 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. 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 interest not determinable at or before the death of such person 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 after the death of the testator, unless a contrary intention shall appear by the will. 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, or 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. XXXV. And be it further enacted, that this Act shall not extend to Scotland. 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. INDEX. ABATEMENT-of legacies, 339, et seq. stated, 162. promise to executor thereupon-how it operates, ib. bill in equity against executor or administrator, for, of how it shall be taken in equity between surviving partner executor not admitting assets, bound to, in equity, though on a bill to, by infant legatee against two executors, one -in the spiritual court, at the suit of legatees, or par- proof of, by executor, 492. how controverted, ib. executor subject to the penalties of perjury if proof of, after the executor's death, ib. exhibited by the administrator, when it must be not conclusive against legatees, or parties in dis- citation by executor or administrator of lega- at the promotion of a creditor, 495. ACCOUNT, proof of-continued. creditor not permitted to call for vouchers, object to the account, 495. ACTION-See REMEDIES. ADEMPTION-of a legacy, 329, et seq. revocation of a will in the nature of, 21. of husband's right to, 83, 84, 125, 242, 243, 373. where the grant to the husband is necessary, 217. cæterorum, 68, 86. grant of, to widow or next of kin, 86. of part to widow and part to next of kin, 87. when committed to feme covert, and how, ib. ceases on her coming of age, ib. who incapable of taking, 93. person incapable of being an executor, ib. attainted of treason, ib. outlaw, ib. prisoner, ib. of felony, ib. persons beyond sea, ib. non compos mentis, 103, 122. alien friend competent to take, ib. though only of the half-blood, ib. analogy of, to probate, ib. privilege of granting personal, ib. a party generally incapable of acting before grant of, 95. may file a bill in Chancery before, ib. not commence an action at law be- penalty for acting and omitting to take out for six months, 96. when letters of, issue, ib. oath in taking out, ib. ADMINISTRATION-continued. bond and condition thereof, 91, 97, 247, 248, when once granted not to be committed to an- special, ib. cum testamento annexo, 43, 44, 65, 92, 98, 118, not granted till executor renounces or fails to or if several executors, till they all renounce, ib. grant of such to residuary legatee or legatees, durante minoritate, 34, 100, et seq. 123, 124, in a restrictive form, 404. effect thereof, 405. when it shall not be granted, 102. after such grant of, when receiver appointed, 102, 103. when it ceases, 100, 101. if granted during the minority of several in- old distinction between such grant during the ordinary's power at common law extended pendente lite, 103. not granted till a plea has been given in and receiver not appointed after such grant, 103. durante absentiá, 70, 104. by virtue of the statute, 104, 105. when it ceases, 104. to a creditor, 104, 122, 473. where several creditors apply, 106. to a debtor, 128, 349. to a legatee, 105. to such person as the ordinary shall approve, ib. ordinary's power of granting administration at may in such cases impose terms on grantee, 106. |