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WILLS and TESTAMENTS.
73
special custom, in particular places. A method
was, however, found out, by which lands in
fee simple were, in effect, disposed of by will:
this was, by conveying the land to such
uses, as should be appointed by the owner
of the land, and an appointment made by
will was good, because, according to the legal
construction, the person claiming under the
appointment, took under the deed. Wright's
tenures, 172.
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But this method failed, when the statute of
uses, 27 Hen. 8, was made, by which the use
drew to it the land, and could not be separated
from it.
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By the statute 32 Hen. 8, cap. 1, and 34
Hen. 8, cap. 5, the power of disposing of lands
by will, was generally introduced, it being
thereby enacted that all persons seised in fee
simple, except married women, infants, idiots,
and persons of non same memory, might by will
and testament in writing devise to another, the
whole of their lands held in soccage, which in
consequence of the 12 Car. 2, includes all lands
except copyholds.
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Statutes Hen.
8, all wills of
lands to be in
writing. |
These statutes prescribed no particular form
or ceremony to be observed in making wills, so
they were in writing. |
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