Volume 194, Page 1045 View pdf image (33K) |
25 GEO. 2, CAP. 80, COMMENCEMENT OF YEAR. 1045 the first Day of March, which shall be in the Year of our Lord one thousand seven hundred and fifty-three. A legacy to a subscribing witness to a mere will or codicil of personalty is now held to be good, Foster v. Banbury, 3 Sim. 40; Emanuel v. Constable, 3 Russ. 436, although Sir William Grant, in Lees v. Summersgill, 17 Ves. Jun. 508, held the contrary. In Doe v. Mills, 1 M. & Rob. 288, it was deter- mined that a devise to an attesting witness was void, though there are three other attesting witnesses to the will. See Dep. Commissary Guide, 75.1 1 This Statute, in so far as it invalidates devises and legacies to attest- ing witnesses, is not now in force here- It has been superseded by the Act of 1798, ch. 101, (Code 1911, Art. 93, sec. 323), and by the Evidence Act of 1864, ch. 109, (Code 1911, Art. 35, sec. 1). Leitch v. Leitch, 114 Md. 336, 343; Hammett v. Shanks, 41 Md. 219; Harris v. Pue, 39 Md. 535; Estep v. Morris, 38 Md. 417. The whole Statute doubtless falls under the decision in Leitch v. Leitch, supra. It has been included here only because of the somewhat guarded language of the Court of Appeals in that case. (See p. 343 of the opinion). CAP. XXX. An Act to amend An Act made in the last Session of Parliament, (in- tituled, An Act for regulating the Commencement of the Year, and for correcting the Calendar now in Use.) Whereas by an Act of Parliament made in the twenty- fourth Year of the -Reign of his present Majesty, (intituled, An Act for regulating the Commencement of the Year, and for correcting the Calendar now in Use) it is among other Tilings enacted, That the Natural Day next immediately fol- lowing the second Day of September, which shall be in the * Year of our Lord one thousand seven hundred and fifty- 786 two, shall be reckoned and accounted to be the fourteenth Day of September, omitting for that time only, the eleven inter- mediate nominal Days of the common Calendar, and that the Days immediately succeeding shall be called, reckoned and numbered forwards in numerical Order, from the said four- teenth Day of September, and that all Meetings and Assemblies of any Bodies Politick or Corporate, either for the Election of any Officers or Members thereof, or for any such Officers |
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Volume 194, Page 1045 View pdf image (33K) |
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