The principal Regulations contained in the Act
(1st Victoria, c. 26) for Amending the Laws with respect to Wills, which took effect on the 1st day of January 1838.
No will made by any person under the age of twenty-one years will be valid. Sect. 7.
The new statute does not alter the law as to the wills of married women.-Sect. 8.
The Regulations to be observed in making a will or codicil are as follows:
1. The will or codicil must be signed at the foot
or end thereof by the testator.
2. If he does not sign, it must be signed by
some other
person
in his
presence, and by his
direction.
3. The signature must be made or acknowledged
by the testator, in the presence of two or
more witnesses present at the same time. 4. The witnesses must attest and subscribe the
will or codicil in the presence of the testator.
-Sect. 9. Appointments by will, under a power, are made subject to the above mentioned regulations.-Sect. 10.
The testator's marriage is a revocation of this will, (excepting in certain cases of exercise of powers.) Sect. 18.
The revocation of a will or codicil may be by any one of the following means :
1. By a will or codicil executed in the manner
above mentioned. 2. By a writing declaring the intent to revoke,
and executed as a will. 3. By burning, tearing, or destroying of the will
by the testator, with intent to revoke, or by some person in his presence, and by his di
rection Sect. 20. Alterations made in wills must be executed in like manner as wills.
N.B.- The signature of the testator, and sub
scription of witnesses, may be made in the margin, or opposite, or near to, the alteration, or at the end of a memorandum, on the will,
referring to the alteration.-Sect. 21. Residuary devises in wills will include (unless a contrary intention appear in the will) estates comprised in lapsed or void devises. Sect. 25.
Abstracts of Title-observations on the preparation of, 117, 118, 120.
Should be prepared before a sale, 117. The commencement of,
118. Description of premises in, 120. of a will, 121.
administration, ib. Act of parliament, ib. Exchange, ib. Award,
ib. Decree, 122. Attorney's duty, as to perusal of, ib. On taking
counsel's opinion on, ib. Attorney stating the effect, and not the
language of an instrument in abstract, is responsible, ib. Stating
contingent remainders, 126 n. Forms, of abstract of lease and re-
lease, 123. Settlement, 124. Will, 125. Codicil, 128. Court
rolls, ib.
Accounts-agents are bound to account immediately for money
received, 131 n. Agent bound by receipts stated in accounts, 133.
Right to appropriate payments to any particular account, ib. On
opening accounts between attorney and client, 134. Forms, of
undertaking to keep and render accounts, 131. Allowance of
account, 132.
Acknowledgment of Deeds by Married Women-abstract of statute
relating to, 164. Forms, and notes on, 186.
Actions—attorney should obtain a written authority to commence or
defend an action, 135. Act for limitation of, 169. Forms, of re-
tainer to sue, 135. To defend, ib. Demand of warrant from a
gaoler, 137. A constable, ib. Notice of, against a justice, 517.
Excise-officer, 518.
See Attorney.
Administrator-time runs against, from intestate's death, 171. Of
attorney not liable to costs of taxation, 304. Not protector of a
settlement, 591.
Advowson-right to recover, how barred, 174. Devise of, 185.
Affidavit-voluntary affidavits prohibited, 671. Statutory declarations
substituted in lieu thereof, ib. Forms, in justification of bail,
329. Of the execution of power of attorney, 578, 586. Of debt
to be annexed to ditto, 579. Of the execution of a cognovit, 333 n.
Of articles of clerkship, 298.
Agents-see Accounts. Duty, as to principal's money in his hands,
132. Of attorney, right of lien of, 302. Attorney and agent, 300.
Agreements-by protector for withholding consent, void, 157. Obser-
vations on agreements for purchase, 202. For leases, 215. On
specific performance of, for purchase of choses in action, 289.
Difference between those under and not under seal, 195 n. Sig-
nature of, by agent, 200. Bind executors, though not named, 196
As to costs between attorney and client, 304. In restraint of
trade, 549 n. Forms, for an exchange, 190. For the purchase of
a freehold estate, 193. Of a copyhold, 195. Leaseholds, 196.
Ditto, with a stipulation as to fixtures, 198. Of variations in purchase
agreements, 200. For the lease of a house, 206. For lodgings,
209. For purchasing at a valuation, 201. For letting a farm, 209.
For letting premises for a short term, 211. For lcase of a house,
under conditions of sale, 214. For building a house, 217. Forms
for letting a field for building, 218. Between a master and clerk,
220. - A master and servant, 222. To procure the execution of
deeds, 223. To execute assignment of leaseholds as a collateral
security, 224. To bear equal shares in a law suit, 225. For com-
promising a law suit, and relinquishing a claim to estates, 226. For
reference, 227. Of a chancery suit, 228. For a lease, 421. Be-
tween a tradesman and clerk, for the latter to conduct the trade,
546. Between a trader and retiring partner, for purchase of house
and stock in trade, 548. In a settlement for barring of dower, 639.
Between landlord and tenant, as to distress, 399.
Alienation-observations on restraint upon, 648. Form of limitation
over upon, 643, 696.,
Annuity-may be made determinable on bankruptcy, 696. Stamps
on grants, and assignments of, 654. Forms, of bequest of annuity,
695. Proviso for determination of, 696. Of covenant to pay, in
a settlement, 637. Of condition, in an annuity bond, 322.
Answers in Chancery-observations on instructions for, 230. Mode
of taking, 232. Form of oath to, ib. Conclusion of, 233.
Appointments—attestation of, 4. Operative words in, 38. Execu-
tion of, by will, 182, 712. General devise operates as an appoint-
ment by will, 184, 712. When testamentary appointments revoked
by marriage, 183, 713. Forms, of by feme covert, of stock, 234. Of
a guardian, by infant, 236, 237. Ditto, by a father, 238.
chaplain, ib. Of a parish clerk, 239. Of a gamekeeper, 240. Of
receiver, by a mortgagor, 241. With release, 356. By way of
mortgage, 449. Of further charge, 455. By will, 699.
Apportionment-of rents and stated payments, 141, 431.
Appraisement-forms, on a distress, 400. Appraiser's oath, 399.
Apprenticeship-observations on, 250, 248 n. Stamps on, 654.
Forms, of indenture of apprenticeship, 245, 247. Assignment of,
249.
Arrest--act for its abolition on mesne process, 145. Defendant
about to abscond may be arrested, ib. Unrealized securities to be
relinquished on, 148.
Articled Clerk-a graduate of one of the universities need serve only
three years, 299. May serve last year with a barrister, or special
pleader, or his master's agent, ib. Suggestions on the proper age to
be articled, ib. n. Are not apprentices, 300. Forms, of articles of clerk-
ship, 293. Assignment of do., 296. Of affidavit of execution of, 298.
Assignee-of a lease must indemnify assignor against the rent and co-
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