USES AND TRUSTS-continued.
a jointure after marriage may be taken or
refused by the wife, ib.
no statute of recognizance extinguished
hereby, 178.
VALUATOR, SWORN. See Real Property Act.
VOLUNTARY SETTLEMENT.
See Convey.
ances, Fraudulent.
WARRANTIES (OF LAND)
by tenant for life, and collateral by ancestor
without estate of inheritance, when void
(4 Ann, c. 16), 9.
WILLS. See also Evidence, &c., Executors, &c.
Construction of, and restrictions upon.
will to speak from death of testator, 188.
what estates included in a residuary devise,
ib.
general devise of testator's land to include
leasehold, as well as freehold lands, ib.
what estates included in a general gift, ib.
devise without limitation to pass the fee, ib.
meaning of words "die without issue," &c.,
188, 19.
devise to trustees and executors to pass the
fee, except in certain cases, 189.
trustees under unlimited devise, when to
take the fee, ib.
devises of estates tail not to lapse, 189.
gifts to children, &c., leaving issue at tes-
tator's death not to lapse, ib.
Act not to extend to wills made before
1840, ib.
nor to estates pur autre vie of persons who
died before 1840, ib.
devisee of real estate not to claim payment
of mortgage out of personal assets, 25.
Creditors' Protection against Alienations by Will.
remedy against frauds on creditors by wills,
17.
all wills of real estate void as against
specialty creditor, ib.
ereditors enabled to recover on bonds, &c.,
against heir and devisee, 17, 18.
if no heir, action maintainable against
devisee only, 18.
limitations for just debts, or portions
for children not to be affected, ib.
heir liable, though estate sold before
action brought, ib.
plea of riens per descent, &c., ib.
devisees to be liable the same as heirs, ib.
real estate of traders to be assets in Courts
of Equity, ib.
creditors by specialty to be paid first,
ib.
parol not to demur by or against infants, 19.
infants to make conveyances under order
of Court, ib.
persons having a life interest may convey
the fee, if estate ordered to be sold, ib.
extension of provisions to mortgages as
well as sales, ib.
and to lands of a deceased debtor, 20.
application of surplus money, ib.
how to be made and proved, 181, 182.
rendered invalid, 187.
soldiers' and mariners' wills excepted as to
personal estate, 182, 187.
WILLS-continued.
Perpetuities (39 & 40 Geo. III. c. 98).
no person, by will or deed, &c., to dispose
of property in such manner that the rents
or produce shall be accumulated for a
longer time than life of settlor, or twenty-
one years after his decease, or during
minority of any party living at his decease,
or the minority of persons beneficially
entitled, 184.
any other direction void, and rents, &c.,
go to the persons entitled thereto, ib.
nothing herein to extend to any provision
for payment of debts, or for raising por-
tions for children, or touching produce of
timber, ib.
Requisites and attestation of Wills.
before the 1st January, 1840-
all devises of lands, &c., to be in writing
and attested by three or four witnesses,
&c., 181.
devisee of beneficial interest attesting it,
makes devise void, but he is a good wit-
ness, 182.
creditor attesting admitted a witness, ib.
legatee paid, or refusing legacy, admitted
a witness, 183.
legatee, after refusal barred from legacy,
but after acceptance may retain, ib.
legatee attesting and dying in lifetime of
testator, or before he has received or
refused legacy, may be a good witness, ib.
credit of witness to be determined by Court,
ib.
no devisee, when devise made void, &c.,
being examined as to execution of will
shall take any benefit from same, ib.
cases where validity of wills and com-
petency of witnesses are not affected, 138.
since the 1st January, 1840-
will to be in writing and signed by testator
in presence of two witnesses at one time,
187.
when signature shall be deemed valid,
189, 190.
execution of appointments, 187.
exception as to soldiers' and mariners'
wills, ib.
Act not to affect certain provisions of 11
Geo. IV. & 1 Will. IV. c. 20, as to
petty officers, &c., in navy, ib.
publication of will not requisite, ib.
not void for incompetency of attesting
witness, ib.
gift to an attesting witness or his or her
husband or wife void, but witness admitted
to prove, ib.
creditors attesting to be competent wit-
nesses, ib.
executors competent witnesses, ib.
may be registered in office of Registrar
General, 142.
Residues, Undisposed of. (11 Geo. IV & 1 Will
IV. c. 40).
when and for whom executors to be deemed
trustees of, 149.
executors still to take, where no parties
entitled to, under Statute of Distribu-
tions, ib.
