devised, and though the value of the others might far exceed what was intended for the devisee. Of course any provision for after-acquired property will be a sufficient manifestation of such an intention.

4. No words of limitation, as "heirs," &c. will be necessary to pass a fee, though it will be advisable still to employ them; but if any less estate be intended to be given, that intention must be shown.

5. A gift to a child or other issue of the testator, will not lapse by the death of the devisee or legatee in the testator's lifetime, if he leave issue to whom the property by the terms of the gift can come. It must therefore be ascertained whether the gift be intended to be confined to the devisee, and if so, the words "if he survive me,"

or

some others of the like import, must be

added.

6. A gift to a stranger, or to any other person than the testator's legitimate issue, will still lapse as before, by the previous death of the devisee or legatee; and if the devise or bequest be meant to extend to his issue, it must be so expressed. A declaration that it shall not lapse, will not suffice; there must be a gift over.

7. All lapsed devises will go over to the residuary devisee, and not as before to the heir, un

E

less an intention to the contrary appear by the

will.

8. Devises in tail to any person will take effect on behalf of the issue, though the devisee in tail die before the testator. If it be intended not to take effect, that intention must be expressed. It is not probable that this precaution will be often needed.

9. Where the testator has leasehold or copyhold, or customary estates as well as freehold, and he intends to devise the whole, it will not be necesssary, though still advisable, to mention the nature of the tenure; but if he means to give one and not the other, the devise should point specifically to the subject.

10. Property of every description over which the testator has a general power of appointment, will be deemed included in a general devise or bequest, or in any descriptive devise or bequest which may apply to the subject of the power, though there be no reference to the power. Where this is intended, it will be still advisable, however, to refer to the power. But where it is not intended, the will must show that the devise is not meant to be an execution of the power.

11. Where a testator has only a special or limited power which he wishes to execute, it will

be necessary, as before, either to refer to it in terms, or to describe specifically the property, so that the intention to execute the power may plainly

appear.

AS TO THE EXECUTION, REVOCATION, &c.

12. Every will and codicil must be signed at the foot or end thereof by the testator, or by some other person in his presence, and by his direction. Sealing will be unnecessary for any purpose. If the testator is not able to sign his name, he may make his mark. The third person should sign the testator's name, and the will should express that he does so in the presence and by the direction of the testator. Though one signature of the testator at the end is sufficient, the better way will be, when the will consists of more than one sheet, to sign each.

13. Such signature must be made or acknowledged in the presence of two witnesses present at the same time.

14. No publication is necessary in any case.

15. No person to whom, or to whose wife or husband, the will gives any thing, should be a witness, or the gift will be void.

16. The witnesses must subscribe their names to the will in the presence of the testator. The act

does not require that they shall sign in the presence of each other, but it will be safer to do so, and before they leave the testator's presence at all. They should sign each sheet, if more than one, and put their initials opposite any erasure or other alteration. Witnesses who cannot write may make their mark.

17. The statute declares (sect. 9) that no form of attestation shall be necessary. The mere names of the witnesses will suffice, though it will be advisable to write an attestation that the witnesses may be apprised of what is required of them. The attestation may be in this form:"Signed by the testator A. B. in the presence of us, present at the same time, who in his presence, at his request, and in the presence of each other, have hereunto set our names as witnesses thereto.

C. D.

E. F."

If the signature be made by a third person, the attestation may be thus :

66

Signed by G. H., by the direction and in the presence of the testator," or "Acknowledged by the said testator to have been signed by his direction, and in his presence, by E. F., in the presence of us," &c.

18. No power of appointment can be executed by will but in the above form, and every will so executed will be a good execution of the power,

notwithstanding that other ceremonials may be prescribed.

19. Every alteration, whether by obliteration, interlineation, or otherwise, must be executed as above mentioned, or it will have no effect, except it renders the original words illegible. But the signature and subscriptions may be made in the margin, or in some other part of the will opposite or near to such alteration, or at the foot or end of or opposite to a memorandum referring to such alteration, and written at the end or some other part of the will. The memorandum may be in this form:

"The words

written between the 5th

and 6th line of the second sheet, and the words written on an erasure on the 7th line,

and the obliteration between the words

on the 8th line, were severally inserted and made by me, this

day of

A. B.

"The above memorandum was signed by the above-named A. B. in the presence of us present"

&c.

20. In order to revoke a will or codicil, the testator must either execute another will or codicil, or simply a declaration in writing of his intention to revoke the same, which must be executed with the same formalities as a will; or he must burn, tear, or do some other act to impair the substance of the will, with the intention of revoking