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such alteration shall not be apparent, unless such alteration shall No. 3. be executed in like manner as hereinbefore is required for the Act 4 Vic. 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 Declaring testator, and the subscription of the witnesses be made in the mar- Act of Parl. gin, or on some other part of the will, opposite or near to such 1 Vic. c. 26, alteration, or at the foot, or end of, or opposite to a memorandum in force. referring to such alteration, and written at the end or some other part of the will.
XXII. That no will, or codicil, or any part thereof, which shall Will revoked be in any manner revoked, shall be revived otherwise than by the to be revived re-execution thereof, or by a codicil executed in manner herein- only by re
execution, &c. 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and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention to the contrary shall be shown.
XXIII. That no conveyance or other Act, made or done subse- Devise not to quently to the execution of a will, of, or relating to, any real or be inoperative personal estate therein comprised, except an act by which such because of will shall be revoked, as aforesaid, shall prevent the operation of subsequent
conveyance. 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. That every will shall be construed, with reference to the Construction real estate and personal estate comprised in it, to speak and take of a Will. effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
XXV. That unless a contrary intention shall appear by the will, What shall be such real estate or interest therein as shall be comprised, or in- included in a tended to be comprised, in any devise in such will contained, Residuary
Devise. 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) contained in such will.
XXVI. That a devise of the land of the testator, or of the land Construction of the testator in any place, or in the occupation of any person of a General mentioned in his will, or otherwise described in a general manner,
Lands. 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 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.
XXVII. That a general devise of the real estate of the testator, What a general or of the real estate of the testator in any place, or in the occupa
Devise or tion of any person mentioned in his will, or otherwise described in Bequest shall
include. 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
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
No. 3. any bequest of personal property described in a general manner, Act 4 Vic. shall be construed to include any personal estate, or any personal
estate to which such description shall extend (as the case may be), Declaring which he may have power to appoint, in any manner he may think Act of Parl. proper, and shall operate as an execution of such power, unless a 1 Vic. c. 26, contrary intention shall appear by the will.
in force. XXVIII. That where any real estate shall be devised to any Construction person, without
any words of limitation, such devise shall be conof a Devise
strued to pass the fee simple, or other the whole estate or interest without words which the testator had power to dispose of, by will, in such real, of limitation. estate, unless a contrary intention shall appear by the will. Construction XXIX. That in any devise or bequest of real or personal estate, of the words the words “ die without issue,” or, "die without leaving issue,” or, “ Die without Issue,” or,
“have no issue,” or any other words, which may import either a “ Die without want or failure of issue of any person in his lifetime, or at the leaving Issue.” time of his death, or an indefinite failure of his issue, shall be con
strued 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 obtain
ing a vested estate by a preceding gift to such issue. Where Devise XXX. That where any real estate (other than, or not being to trustees, &c.
a presentation to a church) shall be devised to any trustee, or
executor, such devise shall be construed to pass the fee simple, or a chattel inother 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. Trustees under XXXI. That where any real estate shall be devised to a trustee, an unlimited
without any express limitation of the estate, to be taken by such Devise to take the Fee.
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 Cestate determinable when the purposes of the trust shall be satis
fied. Devises of Es
XXXII. That where any person, to whom any real estate shall tates T'ail shall be devised for an estate tail, or an estate in quasi entail
, shall die in not lapse.
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 Gifts to chil
the death of the testator, such devise shall not lapse, but shall take dren or other issue, who
effect as if the death of such person had happened immediately after have issue
the death of the testator, unless a contrary intention shall appear living at the by the will. Testator's
XXXIII. That where any person, being a child, or other issue, death, shall ot lapse.
of the testator, to whom any real or personal estate shall be devised
shall not pass
or bequeathed for an estate or interest not determinable at, or No. 3. before, the death of such person, shall die in the lifetime of the Act 4 Vic. 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 be- Declaring quest shall not lapse, but shall take effect as if the death of such Act of Parl. person had happened immediately after the death of the testator, 1 Vic. c. 26, unless a contrary intention shall appear by the will.
in force. XXXIV. That this Act shall not extend to any will made before the first day of January, 1838; and that every will re-executed, or
Act. re-published, 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, re-published, or revived; and that this Act shall not extend to any estate per autre vie of any person who shall die before the first day of January, 1838.
No. 4.-ORDINANCE No. 5 of 1856.
Ord. No. 5, An Ordinance to declare in force within these islands a certain 1856.
Statute of the United Kingdom of Great Britain and Ireland, Declaring, passed in the fifteenth and sixteenth years of the reign of Her Act of Parl.
15 & 16 Vic. present Majesty, entitled “ An Act for the amendment of an
Britain and Ireland, passed in the first year of the reign of Her present Majesty, entitled “ An Act for the amendment of the Laws with respect to Wills," was extended to these islands by an Act of the General Assembly of the Bahama Islands, of the eleventh year of Her Majesty's reign, chapter one: And whereas, the said Statute has been amended by an Act of the United Kingdom of Great Britain and Ireland, passed in the fifteenth and sixteenth years of Her said present Majesty's reign, chapter twentyfour; and it is expedient also to declare in force within this colony the said amended Act; May it, &c.
That from and after the coming into operation of this Ordinance, the said amending Act of the fifteenth and sixteenth years of the reign of Her said Majesty, shall be, and is hereby declared to be in force within these islands, as fully and effectually to all intents and purposes as if the said amending Act contained a provision expressly extending its enactments to this colony, or as if the said Act had been made and enacted by the Legislative Council of these islands.
Act of Parliament 15 & 16 Vic. cap. 24, to amend the Act 1 Vic.
cap. 26, declared in force by Ord. No. 5, 1856. I. Whereby an Act passed in the first year of the reign of Her Majesty Queen Victoria, entituled An Act for the amend
No. 4. ment of the laws with respect to Wills, it is enacted, that no Ord. No. 5, will shall be valid unless it shall be signed at the foot or end
1856. thereof by the testator, or by some other person in his presence Declaring and by his direction : Every will shall, so far only as regards the Act of Parl. position of the signature of the testator, or of the person signing 15&16 Vic. for him, as aforesaid, be deemed to be valid within the said enact
c. 24, ment as explained by this Act, if the signature shall be so placed in force.
at or after, or following, or under, or beside, or opposite to the end of the will, that it shall be apparent on the face of the will that the testator intended to give effect by such his signature to the writing signed as his will, and that no such will shall be affected by the circumstance that the signature shall not follow or be immediately after the foot or end of the will, or by the circumstance that a blank space shall intervene between the concluding word of the will and the signature, or by the circumstance that the signature shall be placed among the words of the testimonium clause or of the clause of attestation, or shall follow or be after or under the clause of attestation either with, or without a blank space intervening, or shall follow or be after or under, or beside, the names, or one of the names of the subscribing witnesses, or by the circumstance that the signature shall be on a side or page or other portion of the paper or papers containing the will, wheroon no clause, or paragraph or disposing part of the will shall be written above the signature, or by the circumstance that there shall appear to be suf ient space on, or at the bottom of the preceding side or page or other portion of the same paper on which the will is written to contain the signature; and the enumeration of the above circumstances shall not restrict the generality of the above enactment; but no signature under the said Act or this Act shall be operative to give effect to any disposition or direction which is underneath or which follows it, nor shall it give effect to any disposition or direction inserted after the signature shall be made.
II. 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.
III. The word “Will ” shall in the construction of this Act be 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.
IV. This Act may be cited as “The Wills Act Amendment Act, 1852."
No. 5.-ORDINANCE No. 4 of 1860.
Ord. No. 4, An Ordinance to prevent the administration of the estates of persons
1860. deceased without Letters Testamentary or Letters of Administration being first had and obtained. (Passed 11th April,
1860. Confirmed 14th June, 1861.) HEREAS it is expedient that provision should be made by PREAMBLE. deceased, without letters testamentary or letters of administration being first had and obtained ; May it, &c.
I. That if any person shall take possession of, and in any manner No person to administer any part of the personal estate and effects of any person deceased without obtaining letters testamentary or letters of admi- on an estate
without Letters nistration upon the estate of the deceased; every person so offending shall forfeit and pay the sum of Twenty pounds, and also such tion, under a sum of money as shall become due upon taking out such letters. Penalty of £20.
II. That no such letters testamentary or letters of administra- No Letters to tion shall henceforth be granted by the Court of Ordinary, unless be given before the party or parties applying therefor shall first enter into bond bond entered with sufficient sureties in the sum of Fifty pounds, with condition thereunder written that he, she, or they will within six calendar months, after the date of such bond, make and return into the registry of the said Court a true and correct inventory and appraisement of the estate both real and personal, which was possessed by the deceased at the time of his death, and will within the said six months, pay all fees which may become due and payable on the estate upon which such letters have been applied for; which bond shall be taken by the Ordinary in the name of the Queen and her successors.
III. That if any forfeiture, payment, or penalty shall be incurred Appropriation under the provisions of this Ordinance, the same may be sued for, recovered, and levied by and before any Court of competent jurisdiction, whenever the President shall think fit to order the same to be sued for: and when recovered shall be recovered for the use of Her Majesty, her heirs and successors, and shall be paid into the public Treasury towards the support of the Government of these islands.