ances, or other monies payable in respect of services in her Majesty's navy.

XIII. Every will executed as aforesaid shall be valid without any other publication thereof.

XIV. If any person who shall attest the execution of a will shall at the time of the execution thereof or at any time afterwards be incompetent to be admitted a witness to prove the execution thereof, such will shall not on that account be invalid.

XV. If any person shall attest the execution of any will to whom or to whose wife or husband any beneficial devise, legacy, estate, interest, gift, or appointment, of or affecting any real or personal estate (other than and except charges and directions for the payment of any debt or debts), shall be thereby given or made, such devise, &c., shall, so far only as concerns such person attesting, or the wife or husband of such person, or any person claiming under such person, wife or husband, be utterly null and void, and such person so attesting shall be admitted as a witness to prove the execution of such will, or to prove the validity or invalidity thereof, notwithstanding such devise, &c., mentioned in such will.

XVI. In case by will any real or personal estate shall be charged with any debt or debts, and any creditor, or the wife or husband of any creditor, whose debt is so charged, shall attest the execution, such creditor notwithstanding such charge shall be admitted a witness to prove the execution, or the validity or invalidity thereof.

XVII. No person shall, on account of being an executor of a will, be incompetent to be admitted a witness to prove the execution, or the validity or invalidity thereof.

XVIII. Every will made by a man or woman shall be revoked by his or her marriage (except a will made in exercise of a power of appointment, when the real or personal estate thereby appointed would not in default of such appointment pass to his or her heir, customary heir, executor, or administrator, or

the person entitled as his or her next of kin, under the statute of distributions.)

XIX. No will shall be revoked by any presumption of an intention on the ground of an alteration in circumstances.

XX. No will or codicil, or any part thereof, shall be revoked otherwise than as aforesaid, or by another will or codicil executed in manner before required, or by some writing declaring an intention to revoke the same, and executed as a will is required to be executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.

XXI. No obliteration, interlineation, or other alteration made in any will after the execution, shall be valid or have any effect, except so far as the words or effect of the will before such alteration shall not be apparent, unless such alteration shall be executed as required for execution of the will; but the will, with such alteration as part thereof, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses be made in the margin or on some other part of the will opposite or near such alteration, or at the foot or end of or opposite a memorandum referring to such alteration, and written at the end or some other part of the will.

XXII. No will or codicil, or any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution, or by a codicil executed as afosesaid, and showing an intention to revive the same; and when any will or codicil partly, 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.

XXIII. No conveyance or other act made or done subsequently to execution of a will 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.

XXIV. Every will shall be construed, with reference to the real and personal estate comprised in it, to speak and take effect as if executed immediately before the death of the testator, unless a contrary intention appear by the will.

XXV. Unless a contrary intention appear by the will, such real estate or interest therein as shall be or intended to be comprised in any devise in such will, which shall fail or be void by reason of the death of the devisee in the lifetime 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) in such will.

XXVI. A devise of the land of the 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 leasehold estates of the testator, or any of them, to which such description shall extend, as the case may be, as well as freehold estates, unless a contrary intention appear by the will.

XXVII. A general devise of the real estate of the testator, or of his real estate 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 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, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any 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.

XXVIII. Where real estate shall be devised to any person without 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. In any devise or bequest 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. Where 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

will, unless a definite term of years, absolute or byterminable, or an estate of freehold, shall thereby de given to him expressly or by implication.

beXXXI. Where real estate shall be devised to a trustee, without any express limitation of the estate to be taken, 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 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, and not an estate determinable when the purposes of the trust shall be satisfied.

XXXII. Where any person to whom 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. Where any person being a child or other issue of the testator to whom 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 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 that of the testator, unless a contrary intention shall appear by the will.

XXXIV. This act shall not extend to any will made before 1st January, 1838, and every will reexecuted or republished, or revived by any codicil, shall for the purposes of this act be deemed to have