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Deputy Commissary's Guide within the Province of Maryland, 1774
Volume 139, Page 74   View pdf image (33K)
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Wills of land
held to be
good under
the statutes of
Hen. 8.

74        WILLS and TESTAMENTS.

    Bare notes, in the hand writing of another
person, were allowed to be good wills within
the statute--so, a letter written from beyond
sea, which directed that the estate should go in
such a manner--tho' not sealed--tho' in
loose sheets--tho' in the form of an indenture--
where, the lawyer only took short
notes, with a design to draw it in form, which
he did, but the devisor died before it was read
to him--where written unknown to the devisor,
and afterwards read to, and approved by
him--notes given to make a will, and the
devisor's memory failed him, these notes being
drawn into form, held to be good.  Dy. 72--
Cro. Eliz. 100--Mo. 177--2 Leon. 35--
3 Leon 79--March. 206--1 Syd. 315--1 Mod.
177-1 And. 34--1 Brownl, 44--Kelw. 209--
1 Leon. 113.
 

Wills of land
under the statute
of 29
Car. 2d.
    But the 29th Car. 2, ch. 3, directs, that all
devises of lauds shall not only be in writing,
but signed by the devisor, or some other person
in his presence, and by his express direction,
and be subscribed in his presence, by three, or four
credible witnesses
; and the same ceremony is necessary
to revoke a will, regularly made under
this statute.
 
How to be
signed.
    If the name of the devisor be written by himself,
or by another person in his presence, and


 
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Deputy Commissary's Guide within the Province of Maryland, 1774
Volume 139, Page 74   View pdf image (33K)
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