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Deputy Commissary's Guide within the Province of Maryland, 1774
Volume 139, Page 80   View pdf image (33K)
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No lands, &c.
devisable to a

body politick.

80        WILLS and TESTAMENTS.

    By the statute 9 Geo. 2 ch. 36, no lands, or
other hereditaments, or money or chattels to be
laid out in the purchase thereof, are devisable to
any person, or body politick.
 

Lands articled
for after
devise,
good, if in
writing.
    Tho' a person ought to be seized, before he
can devise under the statute of Hen. 8, and
therefore, if he devise land, and purchase it afterwards,
the land shall not pass, yet, if there
be an agreement in writing for land, and the
person who agreed to make the purchase, devise
the same, and die before conveyance, the land
shall pass in equity; where that, which is agreed
to be done, is considered as done.  1 C.
C. 32--2 Vern 679.
 
Age of discretion
what?
    The age of discretion is fourteen, both in
males and females; but the age of puberty
different, viz. fourteen in males, and twelve in
females, and the ages of discretion and puberty
being confounded, it is said in many books that
a male may make a will of chattels at fourteen,
and a female at twelve years of age; but it is
now settled, that the age of discretion is the
same in both sexes, and that neither male nor
female can make a will of chattels, before fourteen
years of age.
 
    A person of the age of discretion may make
a will, or testament of chattels;--not so


 
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Deputy Commissary's Guide within the Province of Maryland, 1774
Volume 139, Page 80   View pdf image (33K)
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