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WILLS and TESTAMENTS.
83
her as a legacy. Neither can she dispose by
will of the profit or fruit of the chattels she had
as executrix, for the same reason, such as
calves, lambs, &c.
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It is said in Str. 891, that the general consent
of the husband doth not seem sufficient, but he
should consent tot he particular will.
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Where a married woman by settlement before
marriage has a power to make a will of
land, or chattels, or by the appointment of
another, her will made in pursuance of such
power, or appointment is good. 3 T. A. 711.
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If two wills be found, making different dispositions
of the estate, and it should not appear
which was the latter, both are void; not so of
codicils, in which if the same thing be given
differently, the persons named will divide the
thing given. Swin. 15.
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Two wills of
one date are
both void.
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A man made his wife executrix, and residuary
legatee--she died in his life time--by nuncupative
codicil he bequeathed to another, what
he had given to her, and good; for this did
not alter the written will, the operation of it
being determined by her death. Raym. 334.
F 2
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