ART. 93] WILLS. 893

324.

A testator may under this section revoke a clause of his will without
invalidating the remaining clauses, provided he does not thereby enlarge
the estate of any one who takes under the will or change the character of
the remaining provisions. When a will is found among the private papers
of the testator cancelled or obliterated, it is presumed to have been so
cancelled or obliterated animo revocandi. What amounts to a cancellation
or obliteration. When a testator is arrested in his purpose and changes
his determination to revoke the will before the act of obliteration is com-
pleted, the will is unrevoked. Cases reviewed. Safe Deposit & Trust Co.
v. Thorn, 117 Md. 161.

A later will held to revoke a prior one although it did not in terms do so.
Gardner v. McNeal, 117 Md. 31.

326.

The act of 1910, chapter 37 (p. 323), held to have no application to cases
where a testator became insane or incompetent before the passage of said
act. Statutes will not be construed retrospectively if they can reasonably
be construed prospectively only, particularly if by a retrospective construc-
tion, injury is done. The word "shall" ordinarily refers to the future, but
in remedial statutes, it can be used in a general sense including both past
and future. This section does not mean that if a testator becomes insane
or incompetent between the execution of the will and the death of the
devisee, but recovers or has lucid intervals during which he could have
revoked or altered his will, the devise must lapse, as such a construction
would be unreasonable. Quaere, Does the act of 1910, chapter 37, apply
only to wills made after its passage? History of this section. Hemsley v.
Hollingsworth, 119 Md. 438.

To the first note under the sub-title "Generally" to section 326 on page
2149 of volume 2 of the Annotated Code, add the case of Hemsley v. Hol-
lingsworth, 119 Md. 440.

331.

This section means that all the real estate of any testator, except that
which is specifically devised, shall be chargeable, etc. Since the passage
of this section, the implying a power to sell founded upon the supposed
necessity for a sale by executors in order to effectuate the legacies, cannot
be urged with the same force as prior thereto. The sale under this sec-
tion cannot be made, by the executors, but must be made by the legatees.
A will held to show no "contrary intention" within the meaning of this
section. St. John's Church v. Deppoldsman, 118 Md. 244.

1912, ch. 144.

332A. Whenever by any form of words in any deed, will or other
instrument executed after the thirty-first day of May, in the year nine-
teen hundred and twelve, a remainder in real or personal property shall
be limited, mediately or immediately, to the heirs or the heirs of the
body of a person to whom a life estate in the same property is given,
the persons who on the termination of the life estate are then the heirs
or heirs of the body of such tenant for life, shall take as purchasers by
virtue of the contingent remainder so limited to them.

This section referred to in a case dealing with the Rule in Shelley's
Case prior to the adoption of this section. Holmes v. Mackenzie, 118 Md.
217.

1904, art. 93, sec. 327. 1888, art. 93, sec. 319. 1860, art. 93, sec. 307. 1810, ch. 34,
sec. 2. 1884, ch. 293. 1888, ch. 544. 1894, ch. 151. 1914, ch. 238.

334. Every will or other testamentary instrument executed with-
out this State in the mode prescribed by law, either of the place where