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the legatee of a particular age, or the period when the youngest of a class of legatees shall attain a certain age, such a direction has been considered a sufficient indication of the intention of the testator, that the legatee's title is to depend upon his living to such period; and, consequently, in such cases his representatives would not be entitled, if he should die before attaining such period."

Where the testator attaches words of condition to a gift of a legacy, of which the payment is postponed, the legatee has not a vested interest till the arrival of such period. It is sometimes difficult to ascertain whether the language used by a testator indicates an intention to make the legacy conditional, or simply to postpone the payment. The leaning of the courts, however, is in favour of vesting; and they will, as far as the intention of the testator is not opposed to such a construction, so construe a will as to give vested interests as early as possible. The following words have been considered words of condition, indicating an intention to suspend the vesting, as well as the payment, "provided he attains," or "if he attains," some particular age, "at such time as the sale should be completed, in case they should be then living." Such language ought never, therefore, to be used, unless it is intended to benefit the legatee, only on such an event.

A few only of the most important alterations recently made in the law of wills have been noticed above; and the reader's attention is therefore directed to a fuller statement of the recent act given in a preceding page previously referred to.

A copy of a paper, which was extensively circulated by government at the time the recent wills act passed, is given below, as containing a concise reference to some of the principal alterations effected by that act.

b Batsford v. Kebell, 3 Ves. 363; Sansbury v. Read, 12 Ves. 75; Watson v. Hayes, 9 L. J. N. S. Ch. 49.

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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 direction. Sect. 20.

Alterations made in wills must be executed in like manner as wills.

N.B. The signature of the testator, and subscription 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.

INDEX.

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.
Of an
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
A constable, ib. Notice of, against a justice, 517.

gaoler, 137.

Excise-officer, 518. See Attorney.

Administrator-time runs against, from intestate's death, 171. Of
attorney not liable to costs of taxation, 304.
settlement, 594.

Not protector of a

Devise of, 185.
Statutory declarations

Advowson-right to recover, how barred, 174.
Affidavit-voluntary affidavits prohibited, 671.
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.
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

72.

On

As to costs between attorney and client, 304. In restraint of

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