Volume 194, Page 1043 View pdf image (33K) |
25 GEO. 2, CAP. 6, ATTESTATION. 1043 said, and who shall have been examined as a Witness concern- ing the Execution of such Will or Codicil, shall, after he shall have been so examined, demand or take Possession of or receive any Profits or Benefit of or from any such Estate, Interest, Gift or Appointment so given or made to him, in or by any such Will or Codicil; or demand, receive or accept from any Person or Persons whatsoever, any such Legacy or Bequest, or any Satisfaction or Compensation for the same, in any Manner, or under any Colour or Pretence whatsoever. VIII. Provided always, and be it enacted by the Authority aforesaid, That this Act or any Thing herein contained shall not extend to or be construed to extend to the Case of any Heir-at-Law, or of any Devisee in a prior Will or Codicil of the same Testator, executed and attested according to the said recited Act, or any Person claiming under them respectively, who has been in quiet Possession for the Space of two Years * next preceding the sixth Day of May in the Year of 784 our Lord one thousand seven hundred and fifty-one, as to such Lands, Tenements ami Hereditaments, whereof lie has been in quiet Possession as aforesaid; and also that tills Act or any Thing herein contained, shall not extend or be construed to ex- tend, to any Will or Codicil, the Validity or due Execution whereof hath been contested in any Suit in Law or Equity com- menced by the Heir of such Devisor, or the Devisee in any such prior Will or Codicil, for recovering the Lands, Tenements or Hereditaments mentioned to be devised in any Will or Codicil so contested. or any Part thereof, or for obtaining any other Judgment or Decree relative thereto, on or before the said sixth Day of May in the Year of our Lord one thousand seven hun- dred and (iffy-one, and which has been already determined in favour of such Heir-at-Law, or Devisee in such prior Will or Codicil, or any Person claiming under them respectively, or which is still depending, and has been prosecuted with due Diligence; but the Validity of every such Will or Codicil, and the Competency of the Witnesses thereto, shall be adjudged and determined in the same Manner, to all Intents and Pur- poses, as if this Act had never been made; any Thing herein before coatained to the contrary thereof in any wise notwith- standing. (67) |
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Volume 194, Page 1043 View pdf image (33K) |
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