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694 29 CAR. 2, CAP. 3, STATUTE OF FRAUDS. XXI. And be it further enacted, That no Letters Testa- mentary or Probate of any Nuncupative Will, shall pass the Seal of any Court, till fourteen Days at the least after the Decease of the Testator be fully expired; (2) nor shall any Nun- cupative Will be at any Time received to be proved, unless Process have first issued to call in the Widow, or next of Kindred to the Deceased, to the End they may contest the same, if they please. XXII. And be it further enacted, That no Will in Writing concerning any Goods or Chattels, or Personal Estate, shall be repealed, nor shall any Clause, Devise or Bequest therein, be altered or changed by any Words, or Will by Word of Mouth only, except the same be in the Life of the Testator committed to Writing, and after the Writing thereof read unto the Testa- tor, and allowed by him, and proved to be so done by three Witnesses at the least. I. Parol Leases and Interest of Freehold shall have the Force of Estates at will only. II. Except Leases not exceeding three Years, &c. III. No Leases or Estates of Freehold or Copyhold shall be granted or surrendred by Word. IV. Promises and Agreements by Parol. 2 Shower, 16. Skinn. 142, 148. 2 Mod. 310. 1 Ventr. 361, 362. 3 Lev. 65, 66. 1 Salk. 280. VII. All Declarations or Creations of Trusts shall be in Writing- Ex- plained by 4 Ann. c.16, s.15. VIII. Trusts arising, transferr'd or extinguished by Implication of Law, are excepted. IX. Assignments of Trusts shall be in Writing. X. Lands, &c. shall be liable to the Judgments, &c. of Cestuy que Trust. And held free from the Incumbrances of the Persons seized in Trust. Trusts shall be Assets in the Hands of Heirs. 2 Vern. 248. XI. No Heir shall by reason thereof become chargeable of his own Estate. XIV. The Day of Signing any Judgment shall be entred on the Margent of the Roll. 514* XV. And such Judgments as against Purchasers shall relate to such Time only. XVI. Writs of Execution shall bind the Property of Goods but from the Time of their Delivery to the Officer. 1 Salk. 320. Carthew, 419. 1 Mod. 188. XVII. Contracts for Sales of Goods for ten Pounds or more. XVIII. The Day of the Enrolment of Recognizances shall be set down; and the Lands in the Hands of Purchasers bound from that Time only. XIX. Nuncupative Wills. Explained by 4 Ann. c. 16, s. 14. XXI. Probates of Nuncupative Wills. XXII. Raymond, 334. |
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