it. As to a particular disposition in the will, though the 20th section declares that no will or codicil, or any part thereof, shall be revoked except by one or other of these acts, it seems by the 21st section that a whole devise may be revoked by an obliteration properly executed and attested. 21. The mode of reviving a will or codicil, or any disposition in either, which has been once revoked, is either by re-executing the instrument or part revoked, as before directed, or by a codicil so executed, which shows an intention to revive the same. And if the revocation occurred part at one time and the rest at another, the clause of re-execution or the codicil must express how much it is intended to revive, otherwise it will not revive the part which was first revoked. AS TO WILLS MADE BEFORE THE 1st JAN. 1838. 22. If a devise in an old will be struck out, or any other cancellation made, it will afford evidence of an intention to revoke that part as before; but it must not be executed unless it be intended to bring the whole will within the act. There are two modes by which this might be done; 1st. By re-execution; 2d. By the execution of a codicil. Considering the important consequences which will follow, it will perhaps in almost every instance be advisable to make a new will, rather than subject one, framed with a view to so different a state of the law, to the operation of the new statute. The will of an infant, in particular, should not be touched. INDEX. ALTERATION. in a will, to have no effect unless executed as a will, 43 by will, how to be executed, 24 will made in exercise of, when not to be revoked by mar- a general gift to include estates over which testator has a CODICILS. suggestions as to taking instructions for and preparing, CONTINGENT INTERESTS. devisable, 7 COPYHOLDS. devisable, whether surrendered to use of will, or not, and what fees payable by devisees of, 12, 13, 14 extracts of wills of, to be entered on Court rolls, 14 to be included in a general devise of lands, 52 DEVISE. to an attesting witness void, 33 not to be rendered inoperative by subsequent conveyance, residuary, to include lapsed and void devises, 50 general, to include copyholds and leaseholds, 52 and estates over which testator has a general power of DEVISE-(continued.) without words of limitation to pass a fee, 57 to trustee or executor, not to pass a chattel interést, 60 of estates tail, not to lapse, 64 to children, when not to lapse, ibid. ESTATES. pur autre vie, devisable, 7 to be assets in hands of heir or executor, as special tail, not to be raised by implication from certain words, 58 to pass by devise without words of limitation, 57 FEME COVERT. not capable of making a will except as before, 18 FINES. payable on devise of copyholds, 12, 13, 14 INFANT. no will of, to be valid, if made after 1st Jan. 1838..17 words "die without issue," "die without living issue," LAPSE. residuary devise to include lapsed devises, 50 gifts to children, when not to lapse, 64 LEASEHOLDS. to be included in general devise of lands, &c. 52 MARINERS. wills of, not be affected by Act, 25 NUNCUPATIVE WILLS. except of soldiers and seamen, to be invalid, 15, 25 PERSONAL ESTATE. meaning of, 2 over which a testator has a general power of appointment, to be included in a general bequest, 53 bequest of, to children, when not to lapse, 64 PROPERTY. future acquired, devisable, 7 PUBLICATION. of will, not necessary, 30 REAL ESTATE. meaning of, 1 what, devisable, 5, 6, 7 RESIDUE. devise of, to include estates comprised in lapsed and void REVIVAL. no will revoked to be revived otherwise than by re-execu- if will partly revoked, and afterwards wholly revoked, re- REVOCATION. will to be revoked by marriage, 36 by another will or codicil, 40 by paper of revocation, ibid. by burning, tearing, or otherwise destroy- not by presumption, 38 exception to revocation by marriage, 36 RIGHTS OF ENTRY, devisable, 7 SOLDIERS. wills of, excepted from operation of act, 25 STATUTES REPEALED. 32 Hen. 8, c. 1; 34 & 35 Hen. 8, c. 5; 10 Car. 1, sess. 2, SUGGESTIONS. ...... .1, 2, 3, 4, 5. as to taking instructions for, and preparing Wills and Co- TRUSTEES. devise to, when not to pass a chattel interest, 60 WILL. meaning of, 1 who may make, 7, 8, n. of persons under 21, invalid, 17 of feme coverts, not affected by act, 18 what may be disposed of by will, 6 property real and personal, including customary estates pur autre vie, 7 contingent, executory, and other future interests, itid. rights of entry, ibid. after-acquired property, ibid. how to be executed, 19 exception as to wills of soldiers and seamen, 25 appointments by, how to be executed, 24. publication of, not necessary, 30 not to be void on account of incompetency of attesting wit- |