1 VICT. c. 26. An Act for the Amendment of the Laws with respect to Wills. [3d July, 1837.] tain words in BE it enacted by the Queen's most excellent Meaning of cermajesty, by and with the advice and consent this act: of the lords spiritual 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 "Will:" to a testament, and to 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 King Charles the Second, intituled "An Act for taking away the Court of Wards 12 Car. 2, c. 24. and Liveries, and Tenures in capite, and by B Knights Service, and Purveyance, and for settling a Revenue upon His Majesty in lieu thereof," or by virtue of an act passed in the parliament of Ireland in the fourteenth and fifteenth years of the reign of King Charles 14 & 15 Car. 2, 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; (1.) "Personal estate:" “Real estate:” and the 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) therein; and the words "personal estate" shall extend 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. Number: Gender. statutes of 35 H. 8, c. 5. 19, 20, 21, & II. And be it further enacted, that an act Repeal of the passed in the thirty-second year of the reign Wills, 32 H. 8, of King Henry the Eighth, intituled "The c. 1, and 34 & 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 concerning the Explanation of Wills;" and also an act passed in the parlia- 10 Car. 1. Sess. ment of Ireland, in the tenth year of the 2, c. 2, (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 Seisins ;" and Sec. 5, 6, 12, also so much of an act passed in the twenty- 22, of the Staninth year of the reign of King Charles the tute of Frauds, Second, intituled "An Act for Prevention of 7 w. 3, c. 12, Frauds and Perjuries," and of an act passed (I.) 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 there B 2 29 Car. 2, c. 3; Sect. 14, of 4 & 5 Anne, c. 16. Sec. 9, of 14 in; 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 6 Anne, c. 10. Justice," and of an Act passed in the parlia(1.) ment of Ireland in the sixth year 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 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 twenty-ninth year of the reign of King Charles the Second, intituled 'An Act for Prevention of Frauds and Perjuries,"" as relates to estates pur autre vie; and also an act passed in the twenty-fifth year of the reign of King George the Second, intituled "An Act for avoiding and putting an end to certain Doubts and Questions relating to the Attestation of Wills and Codicils concerning Real Estates in that part of Great Britain called England, and in His Majesty's Colonies and Plantations in America, except so far as relates to His Majesty's Colonies and 25 G. 2, c. 11, Plantations in America ;" and also an act passed in the parliament of Ireland in the same twenty-fifth year of the reign of King George the Second, intituled "An Act for avoiding and putting an end to certain Doubts 25 G. 2, c. 6, (except as to colonies.) (L) and Questions relating to the Attestations of Wills and Codicils concerning Real Estates;" and also an act passed in the fifty-fifth year of 55 G. 3, c. 192. the reign of King George the Third, intituled "An Act to remove certain Difficulties in the Disposition of Copyhold Estates by Will," shall be and the same are hereby repealed, except so far as the same acts, or any of them respectively, relate to any wills or estates pur autre vie, to which this act does not extend. III. And be it further enacted, that it shall All property be lawful for every person to devise, bequeath, of by will, may be disposed or dispose of, by his will executed in manner. hereinafter required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death, and which if not so devised, bequeathed, or disposed of would devolve upon the heir at law, or customary heir of him, or, if he became entitled by descent, of his ancestor, or upon his executor or administrator; and that comprising custhe power hereby given shall extend to all tomary freereal estate of the nature of customary free- holds without hold or tenant right, or customary or copy- before admithold, notwithstanding that the testator may tance, and also not have surrendered the same to the use of his will, or notwithstanding that, being entitled as heir, devisee, or otherwise to be admitted thereto, he shall not have been admitted thereto, or notwithstanding that the same, in consequence of the want of a custom holds and copy surrender and such of them as cannot now be devised; |