Skidmore , 2 Sw. Harris, [] P. In some cases words which are physically beneath- either wholly or partially-the signature have been considered to be above it either by reason of the mode of writing In the Goods of Ainsworth supra or by reason of the use of asterisks or other signs of interpolation. See also Palin v. Pointing and Another , 46 T. But the mere fact that the executed part of the will terminates with an incomplete sentence continued overleaf is not sufficient to justify the admission of the words following the signature to probate In the Goods of Gee , 78 L.
Mette , 1 Sw. As to a will coming within the exception in this section see Re Paul, Public Trustee v. Pearce, [] 2 Ch. For the revocation of a will by marriage on the validity of a subsequent nuncupative will, see In the Estate of Wardrop John decd. See generally the English and Empire Digest, Vol. Wills to be revoked by marriage, except in certain cases. Effect of dissolution or annulment of marriage on wills. Will to be revoked by civil partnership[12]. Effect of dissolution or annulment of civil partnership on wills.
No will shall be revoked by any presumption of an intention on the ground of an alteration in circumstances. Wells , 42 Ch. No will to be revoked otherwise than as aforesaid or by another will or codicil or by destruction thereof. No will or codicil, or any part thereof, shall be revoked otherwise than as aforesaid, or by another will or codicil executed in manner herein-before required, or by some writing declaring an intention to revoke the same and executed in the manner in which a will is herein-before required to be executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Cunningham , 1 Ad. If a testator under such circumstances desires that the act of destruction, performed without his authority at the time, should prevail, he has it. Gill, [] P. Where the revocation of a will is dependent on a condition which is not fulfilled, such revocation is inoperative In the Estate of J. Southerden, Adams v. Southerden, [] P. See also Re Robinson, Lamb v. Robinson, [] W. For revocation of wills of soldiers, sailors, etc. No alteration in a will after execution except in certain cases, shall have any effect, unless executed as a will.
No obliteration, interlineation, or other alteration made in any will after the execution thereof shall be valid or have any effect, except so far as the words or effect of the will before such alteration shall not be apparent, unless such alteration shall be executed in like manner as hereinbefore is required for the execution of the will; but the will, with such alteration as part thereof, shall be deemed to be duly executed if the signature of the testator and the subscription of.
If alterations are made before execution, it is, although the Act does not require it, prudent to affix the signatures to them or to refer to them in the attestation clause, if any. No revoked will shall be revived otherwise than by re-execution or a codicil.
No will or codicil, or any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution thereof or by a codicil executed in manner herein-before required and showing an intention to revive the same; and when any will or codicil which shall be partly revoked, and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention to the contrary shall be shown.
No conveyance or other act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death.
The section does not apply to cases where the thing meant to be given is gone. Thus, where a testatrix devised all her freehold messuages in S. Raisbeck 12 Sim. So, also, where a testatrix devised a real estate and afterwards sold it and the purchase was not completed until after her death, it was held that the purchase-money belonged to the personal representatives, and not to the devisees of the testatrix, notwithstanding her lien on the estate for the purchase-money, and notwithstanding this section Farrar v.
Winterton Earl , 5 Beave 1. In the course of his judgment in the last-mentioned case, Lord Langdale said:. For modes of failure of a gift, see, generally, the English and Empire Digest, Vol. Wills shall be construed, as to the estate comprised, to speak from the death of the testator.
Every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will. Coley, [] 2 Ch. Dwarris [] A. Dawson [] A. Pawson, [] 1 Ch. Cook , 14 Ch. Scott 1 Mac. Powell [] 1 Ch.
Smith , 2 De, G. Saxton , 13 Ch. Doughlas , Kay ; Re Bancroft, Bancroft v. Bancroft, [] 1 Ch. Scott , 1 Mac. The section now applies to the wills of married women see note to S. Unless a contrary intention shall appear by the will, such real estate or interest therein as shall be comprised or intended to be comprised in any devise in such will contained, which shall fail or be void by reason of the death of the devisee in the lifetime of the testator, or by reason of such devise being contrary to law or otherwise incapable of taking effect shall be included in the residuary devise if any contained in such will.
Jennings , 6 Ch. With regard to leaseholds, see Re Holt, Holt v. Holt, [] 2 Ch. Eden 16 Beav. Barker , 9 Ch. A general gift of realty or personalty shall include property over which the testator has a general power of appointment.
A general devise of the real estate of the testator, or of the real estate of the testator in any place or in the occupation of any person mentioned in his will, or otherwise described in a general manner, shall be construed to include any real estate or any real estate to which such description shall extend as the case may be , which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will; and in like manner a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which such description shall extend as the case may be , which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will.
Awdry , 12 Beav. For the exercise of powers by will made abroad, see Re Lewal, Gould v. Lewal [] 2 Ch. Meissnner , 95 L. The effect of this section is that, in the absence of a contrary intention appearing by the will, a general devise of real estate includes any real estate over which the testator may at his death see ss.
Weedon , 16 Sim. For the exercise of such a power by a British subject living abroad, see Re Simpson, [] 1 Ch. In the exercise of particular or restricted -powers and of general powers before this Act came into operation the power must be referred to in the will or the property over which the power extended must be mentioned to show that the testator intended that his disposition should operate upon such property, or there must be in the will some other clear internal evidence of an intention to exercise the power.
For the exercise by will of a non-existent power, the creation of the power subsequent to the will, and the confirmation of the will including the exercise by a codicil, see Re Bower, Bower v. Mercer , L. See also Wrigley v. Lowndes, [] P. Wilkinson, [] 1 Ch.
A devise of real estate without any words of limitation shall pass the fee, etc. Where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass the fee simple, or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a contrary intention shall appear by the will.
Martin, [] 1 I. The provisions of this section have since been in effect extended to conveyances inter vivos; see s. Greenway , 1 Giff. The express exceptions and proviso which are mentioned in the latter part of the section are intended to define the cases in which an intention contrary to the rule may appear by the will ibid. Devise of realty to trustees or executors shall pass the fee, etc. Where any real estate other than or not being a presentation to a church shall be devised to any trustee or executor, such devise shall be construed to pass the fee simple or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a definite term of years, absolute or determinable, or an estate of freehold, shall thereby be given to him expressly or by implication.
Will of infant invalid 5. Mode of execution 6. Execution of appointment by will 7. Publication of will not necessary 8. Will not to be invalidated by reason of incompetency of attesting witness 9. Gifts to an attesting witness or to wife or husband of attesting witness to be void Creditor attesting a will charging estate with debts shall be admitted a witness Executor not incompetent to be a witness Will to be revoked by marriage except in certain cases No will to be revoked by presumption from altered circumstances Revocation of will Effect of obliteration, interlineation or alteration Revival of revoked will Subsequent conveyance or other acts not to prevent operation of will Wills shall be construed to speak from the death of the testator Residuary devises or bequests shall include estates comprised in lapsed and void devises or bequests Laws of Malaysia4 ACT General devise or bequest of property shall include property over which the testator has general power of appointment Devise or bequest without words of limitation Construction of words importing want or failure of issue Devise or bequest of property to trustee or executor Devise or bequest of property to trustee without limitation
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