4. A man cannot by will re-
serve a power of disposing
of real estate, by a future un-
attested will or codicil 65
5. If an instrument be not in-

tended to have effect till the
death of the party, it is tes-
tamentary in its operation
and quality, whatever may be
its form

-

67

66
6. Difference between a con-
veyance to uses, and a will,
in respect to the legality of
reserving a power of future
disposition
7. Every paper, to which a will,
duly attested, refers, if it
comprise a disposition of real
property, to be effectual as a
testamentary paper, must be
either incorporated originally
into the will, or be executed
according to the statute 68
8. And such paper, to be so in-
corporated, must be distinct-
ly referred to, and described
in the will
ibid
9. An appointment by will
works by the will, according
to the nature and qualities of
such an instrument
343
10. So in respect to a will of
copyhold, though not pro-
perly the act by which the
estate is transferred
343, 344-346

V. Of wills creating, or affecting in-
terests in or out of lands.

1. By a will duly executed,
charging lands generally with
legacies, a testator enables
himself to lay any number of

89

Trees will not
Nor grass and herbage 90
Nor heir-looms
91, 92
But growing corn will, in

what cases 89, 90, note
7. Mortgages, in equitable con-
sideration, are not within the
clauses respecting wills, in
the statute of frauds 92-95
8. But this equitable consi.
deration of a mortgage, as
personal estate, is not per
mitted to narrow the effect
of the statute of mortmain
95, note
9. But if, in such unexecuted
will, there is a legacy to the
heir, upon condition that he
did not dispute the will, he is
put to his election 99-105

VI. Of the publication of wills, tes-
tator's signature, and the sub-
scription of the witnesses.

1. What is a sufficient signing

106

2. Whether sealing is signing

109

3. Whether making a mark,

where testator is unable to
write, is a sufficient signing
or subscribing
112, 113
4. It is sufficient, if witnesses
attest, upon the testator's
acknowledgment of his sig-
nature, without seeing him
actually sign 114-119
5. Stamping equivalent to seal-
ing
114, note
6. Formality of publication con-
sidered
120
7. What is now requisite to
constitute publication

123

121, 122
8. Not necessary that testator
should declare to the wit-
nesses the nature of the in-
strument to be signed
21, 25, note (*)
9. Wills interrupted and re-
sumed
10. Though a will be proceeded
in at different times, and of-
ten suspended and resumed,
it will need only one execu-
tion
ibid
11. Secus, where a will is writ-
ten on different pieces of pa-
per 124-126, and notes
12. Difference between a writing
in continuation of a will for-
merly begun, and a re-pub-
lication
127
13. Qualifications of witnesses
130-142
14. Sufficient if testator might
see the witnesses to his will,
whether he did actually see
them or not
143
15. Testator must not only be
corporally present; he must
also possess his faculties so as
to have a mental knowledge
of the fact
147
16. Attestation may be sub-
scribed by witnesses at dif-
ferent times
17. Attestation provable in com-
mon law courts, by one sub-
scribing witness
157
18. And if all the witnesses
deny their hand-writing, still
the devisee may go into cir-
cumstances to prove the due
execution of the will ibid, 158

150

16. Where a bequest of the in-
terest and dividends will
carry the stock itself

430, 431
17. Of qualified and temporary
interests in chattels 432
18. Of the dominion accom-
panying the interest fer life,
in the personal estate 431
19. As to consumable things
435

20. As to the remedies for pre-
serving the goods to the per-
sons in succession 437-440
21. Difference between the be-
quest of my watch,' and
watch,' where the thing is not
found in testator's property
II. 456, note

a

moveable things

I. 414

as to immoveable things I. 440

4. If the will be ineffectual to
pass freeholds for want of due
execution, this will not make
the leaseholds pass by a ge
neral devise applicable to
freehold estate 442, note
5. Leaseholds will pass where
there are only such to answer
the devise, although the de-
vise is expressly of the testa-
tor's freeholds
413
6. And, under an express devise
of leasehold, freehold may
pass, if such appear to be the
intention
414
7. So, by the word 'legacy' a
devise of freeholds may be
understood
ibid
8. Whether copyhold passes by
the general devise of lands,
&c.
445-119

3. Declaration that such annuity is
in lieu of dower

388

4. Proviso for the reduction of an
annuity given to the wife of testa-
tor on her second marriage

377, 404
5. To the daughter of testator (to
be increased after the death of the
widow) to be raised out of a term
of years
260
6. To the brother of testator, and to
be unalienable

317

7. Clause to prevent an annuitant
from parting with an annuity 459
8. Direction that annuities to fe-
males shall be paid to their sepa-

rate use

319

9. Bequest to trustees of such a sum
as will raise an annual sum for the
318
payment of annuities
10. Direction to trustees to pay an
annuity in satisfaction of a yearly
sum to the payment of which the
388
testator is liable
11. Direction to trustees to receive
an annuity during the life of a la-
dy, varying in amount according
to her age and coverture, and to
be applied during her minority for
her maintenance, after her attain-
ing her age of 21, to her absolute
(and if married to her separate)

use

12. Creation of a term of
raising an annuity

ANTICIPATION.

389

years

for

290

Proviso that the person for whose