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62 WILLS and TESTAMENTS.
witnesses, who put the same in writing after his
death; such a will properly evidenced, and
proved as below directed, is of force and effect
for the personal estate only; lands, tenements
and hereditaments not being devisable by it.
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How to be
executed. |
By statute 29 Car. 2, ch. 3, it is enacted,
that " no nuncupative will shall be good, where
" the estate thereby bequeathed shall exceed
" the value of thirty pounds, that is not proved
" by the oaths of three witnesses, at the least,
" that were present at the making thereof; nor
" unless it be proved that the testator at the
" time of pronouncing the same, did bind the
" persons present, or some of them, bear witness
" that such was his will, or to that effect:
" nor unless such nuncupative will were made in
" the time of the last sickness of the deceased,
" and in the house of his or their habitation or
" dwelling, or where he or she hath been resident
" for the space of ten days, or more,
" next before the making of such will, except
" where such person was surprised or taken
" sick, being from his own home, and died
" before he returned to the place of his or her
" dwelling."
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" And be it further enacted, that after six
" months passed after the speaking of the pretended |
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