Act not to extend to Scotland. Act may be altered this session. 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 And be it enacted, that this act may be amended, altered, or repealed by any act or acts to be passed in this present session of Parliament. SUGGESTIONS AS TO TAKING INSTRUCTIONS FOR AND PREPARING Wills and Codicils AFTER DEC. 31, 1837. THE following suggestions may be found useful to the practitioner in taking instructions for and preparing wills and codicils after the 31st December, 1837. 1. The testamentary power extends to, and the will should provide for, all contingent, executory, and other future interests, which the testator then has, or may have at the time of his death, in whatever manner he may have acquired them; also to all rights of entry, and to all property which he may thereafter acquire, whether feesimple, freehold, copyhold, customary, or of any other tenure, and whether corporeal or incorporeal, and which he may be entitled to either at law or in equity at the time of his death. Therefore he may devise what another may devise to him, an expectant heir may devise his expectancy, a joint tenant his chance of survivorship, &c. 2. All estates of copyhold and customary tenure are directly devisable in all cases without reference to the custom, whether the testator has been admitted or not, and without any surrender to the use of will, except when the devisor is a feme covert, and then a power must be given by surrender as before. But it must be recollected, that her will must be executed with the formalities required by the statute without regard to those which are prescribed by the surrender. 3. With respect to the property, every devise will be construed as if made immediately before the testator's death, unless the will manifest an intention to the contrary. Consequently it will be important to ascertain from the testator whether he intends the devisee to take only the specific estate as it then exists, or whether the devise is to comprehend any future accessions. If the former, the statutable construction should be guarded against, by the introduction of some words having reference to the existing state of the property, or the time of devising. Otherwise a devise of "my real estate in the parish or county of A." will pass whatever real estate the testator has in the parish or county at the time of his death, though he might have in the interim sold the one originally |