Residuary devise. General de vise. voked, and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention to the contrary shall be shown. 23. No conveyance or other act subsequently to the execution of a will, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to the interests which the testator shall have power to dispose of by will at the time of his death. 24. A will shall be construed to speak from the death of the testator, unless a contrary intention shall appear by the will. 25. A residuary devise shall include estates comprised in lapsed and void devises, unless a contrary intention shall appear from the will. 26. A general devise of the testator's lands shall include copyhold and leasehold, as well as freehold lands, unless a contrary intention shall appear by the will. 27. A general devise or gift shall include estates over which the testator has a general power of appointment, if the description used extends to them, and shall operate as an execution of the power, unless a contrary intention shall appear by the will. 28. A devise without any words of limitation shall be construed to pass the fee, unless a contrary intention shall appear by the will. 29. "In any devise or bequest, the words 'die without issue,' or 'die without leaving issue,' or ' have no issue,' or any other words which may import either a want or failure of issue of any person in his lifetime, or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime, or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear by the will, by reason of such person having prior estate tail, or of a preceding gift, being with a out any implication arising from such words, a limitation of an estate tail to such persou or issue, or otherwise; provided, that this act shall not extend to cases where such words as aforesaid import if no issue described in a preceding gift shall be born, or if there shall be no issue who shall live to attain the age or otherwise answer the description required for obtaining a vested estate by a preceding gift to such issue." trustees. 30. A devise of any real estate, (other than a pre- Devise to sentation to a church,) to any trustee or executor, shall be construed to pass the fee-simple, or other the whole interest which the testator had power to dispose of by will, unless a definite term of years, absolute or determinable, or an estate of freehold, shall thereby be given to him expressly or by implication. 31. Trustees under an unlimited devise where the trust may endure beyond the life of a person beneficially interested for life, to take the fee or other the whole legal estate, which the testator had power to dispose of by will, and not an estate determinable when the purposes of the trust shall be satisfied, 32. Devises of estates tail shall not lapse by the of estates tail. death of the devisee in tail, if he have issue living at the testator's death, unless a contrary intention shall appear by the will. 33. Gifts to children, or other issue of the testa- To testator's tor, who leave issue living at the testator's death, issue. shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will. 34. Act not to extend to wills made before 1838, nor to estates pur autre vie of persons who died before 1838, but every will re-executed or republished or revived by any codicil, shall for the purposes of this act be deemed to have been made at the time at which the same shall be so re-executed, republished, or revived. CHAPTER VII. ACKNOWLEDgment of dEEDS BY MARRIED WOMEN. [Under the 3d and 4th WILLIAM IV., cap.7, sec. 84.] The memorandum to be indorsed or written at the foot or the margin of the deed. This deed marked was this day produced be fore me, [or us,] and acknowledged by therein named to be her act and deed, previous to which acknowledgment the said was examined by me [or us] separately and apart from her husband, touching her knowledge of the contents of the said deed, and her consent thereto, and declared the same to be freely and voluntarily executed by her. Certificate of the Acknowledgment. (To be written on a separate piece of parchment.) These are to certify, that, on the 2d day of March, in the year of our Lord 1837, ["before me, the undersigned Sir N. C. T., Lord Chief Justice of the Court of C. P.;" or "before me, Sir J. P., knt., one of the Justices of the Court of Q. B. at Westminster;" or "before me, the undersigned J. W. F., one of the Masters in ordinary of the High Court of Chancery;" [or] before us, A. B. and C. D., two of the perpetual commissioners appointed for thef for taking the * Or commissioners specially appointed pursuant to an act, &c., for taking the acknowledgment of any deed by A. the wife of B. Here insert the particular county or place for which the commissioners are at the time acting. acknowledgments of deeds of married women, pursuant to an act passed in the 3d and 4th years of the reign of King William IV., entitled "An act for the abolition of fines and recoveries, and for the substitution of more simple modes of assurance," appeared personally M., the wife of C. D., of, &c., Esq., and produced a certain indenture marked A., bearing date the, &c., and made between, &c., [insert, the names and descriptions of the parties ;] and also a certain indenture marked B., bearing date, &c., and made between, &c., [names and descriptions,] and acknowledged the same respectively to be her act and deed. And I (or "we") do hereby certify, that the said M. D. was, at the time of her acknowledging the said deeds, of full age and competent understanding, and that she was examined apart from the said C. D. touching her knowledge of the said deeds, and that she fully and voluntarily consented to the same. Affidavit verifying the Certificate of Acknowledg ment. In the Common Pleas. A. B., of C., in the county of S., gentleman, one of the attorneys [or solicitors] of the court of maketh oath and saith, that he knows Mary, the wife of C. D., in the certificate hereunto annexed mention. ed, and that the acknowledgment therein mentioned was made by the said M. D., and the certificate signed by [the judge or master, or by A. B., of, &c., and C. D., of, &c., the commissioners in the said certificate mentioned,] on the day and year therein mentioned, at C., in the county of S., in the presence of this deponent; and that at the time of making such acknowledgment, the said M. D. was of full age and competent understanding; and that the said M. D. knew the said acknowledgment was intended to pass her estate in the premises, respecting which such acknowledgment was made. [*And this deponent further saith, that, to the best of this deponent's This is to be omitted when the acknowledgment is taken before a judge or master. knowledge and belief, neither of the said commissioners is [or the said A. B. (or the said C. D.) one of the said commissioners, is not] in any manner interested in the transaction, giving occasion for such acknowledgment, or concerned therein as attorney, solicitor, or agent, or as clerk to any attorney, solicitor, or agent, so interested or concerned.] And this deponent further saith, that, previous to the said M. D. making the said acknowledgment, he this deponent inquired of the said M. D. (or, if more than one, each of them the said, &c., the married women,) whether she intended to give up her interest in the estates, in respect of which such acknowledg ment was taken, without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up her interest in such estates; and that in answer to such inquiry, the said M. D. (or each of them, the married women) declared that she did intend to give up her interest in the said estates without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up such her interest; of which declaration of the said M. D. (or each of them the said, &c.) this deponent has no reason to doubt the truth, and verily believes the same to be true; [or declared that a provision was to be made for her in consequence of her giving up such her interest in the said estates. And this deponent lastly saith, that, before her acknowledgment was so taken, he was satisfied, and does now verily believe, that such provision has been made by deed or writing, or that the terms thereof have been reduced into writing, and that such deed or writing has been produced to the said [judge, master, or commissioners.] And, lastly, this deponent saith, that it appears, by the deed ac knowledged by the said (the married woman,) that the premises wherein she is stated to be interested are described to be in the parish or place of [or parishes or places of ] and in the county of [or counties of, as the case may be.] practising This affidavit is to be made by some |