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60 WILLS and TESTAMENTS.
writing, which when rightly executed, lawfully
ordains the disposition of that which any person
would have done after his death.
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If an executor be named in such a will, it is
more properly called a testament; if no executor
is named, then no testament, but only retaineth
the name of a will; from which arises
the position, that every testament is a last will,
but every last will is not a testament.
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Of written
wills. |
Wills are of two kinds, viz. written wills,
and nuncupative or verbal wills; a written will
is that sort of a will, made in the life time of
the testator, either by himself or by his direction,
and must be signed, sealed, acknowledged,
and delivered by the testator himself, in the
presence of three credible witnesses, whose
names must be thereto subscribed.
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Statute 29,
Car. 2, wills
of lands to be
in writing. |
The statute of 20 Car. 2, ch. 3, directs, that
" all devices and bequests of any lands or tenements,
" devisable either by force of the statute
" of wills, or by this statute, or by force
" of the custom of Kent, or the custom of any
" borough, or any other particular custom,
" shall be in writing, and signed by the party
" so devising the same, or by some other person,
" in his presence, and by his express directions, |
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