XXXV. And be it further enacted, that Act not to exthis act shall not extend to Scotland.

tend to Scotland.

XXXVI. And be it enacted, that this Act Act may be altered this sesmay be amended, altered, or repealed by any sion. Act or Acts to be passed in this present Session of Parliament.

CHAPTER I.

THE HISTORY OF THE ACT.

THE subject of Wills has of late years been very Lord Langdale's much considered and carefully investigated by House of Lords, Speech in the two distinct Commissions-by the Real Property Feb. 23, 1837. Commission, which was appointed in 1828, and by the Ecclesiastical Commission, which was appointed in 1830. It was part of the business of the Real Property Commission to consider the law relating to wills of real estate; and part of the business of the Ecclesiastical Commission to consider the law relating to wills of personal

estate.

The Report of the Ecclesiastical Commission was made in February, 1832. The Fourth Report of the Real Property Commission, which is upon the subject of wills, was made in April, 1833. With a view principally to carry into effect the recommendations of the Real Property Commission, a Bill was prepared and brought into the House of Commons in 1834, which was referred to and considered in a Select Committee, but did not then proceed further.

In the year 1835 it was again introduced into the House of Commons, and passed the house after having been again referred to and very care

It was

fully considered in a Select Committee. then taken up to the House of Lords, read once, and referred to a Select Committee, from which it received great attention; but no report was made.

In the year 1836 the same Bill was presented to the House of Lords by Lord Langdale; but it was not proceeded with in the course of that Session of Parliament. In the meanwhile copies of the bill were distributed among the profession, and every opportunity afforded for the improvement and perfection of a scheme of such general importance.

In the present year it was again introduced into the House of Lords by the same learned lord; and was after considerable discussion carried through both Houses of Parliament, and received the royal assent.

The general effect of the Act is the consolidation of the provisions of former statutes relating to wills, and at the same time such modifications have been made in these provisions as will afford additional securities for the prevention of spurious wills, and additional facilities for the making of genuine wills.

The particular provisions relate to,

1st. The property which may be disposed of by will, (ss. 3 to 6).

2d. The persons by whom wills may be made, (ss. 7 and 8).

3d. The mode of their execution, (ss. 9 to 17).

4th. Their revocation, alteration, and revival, (ss. 18 to 23).

5th. Particular rules for their construction, (ss. 24 to 33).

We will proceed to the consideration of each section separately, beginning with the third; the first containing only an exposition of terms to be used, and the second a repeal of former statutes upon the subject.