420

WILLS. [ART. 49.

Id s 301
1798, c 101,

sub-c 1. s 4

Wills of lands
to be in writing.
14 Md 529 19
Md 349, 26 Md
1, 28 Md 115,
465, 30 Md 284,
38 Md 317, 417
How attested.

4. All devises and bequests of any lands or tenements devisable
by law, shall be in writing, and signed by the party so devising the
same, or by some other person in his presence, and by his express
directions, and shall be attested and subscribed in the presence of
the said devisor, by three or four credible witnesses, or else they
shall be utterly void and of none effect.

Id s 302
1798, c 101,
sub-c ), s 4
How revocable
14 Md 532,
20 Md. 359

5. No devise in writing of lands, tenements, or hereditaments, or
any clause thereof, shall be revocable otherwise than by some other
will or codicil in writing, or other writing declaring the same, or
burning, cancelling, tearing, or obliterating the same by the testator
himself, or in his presence and by his directions and consent; but
all devises and bequests of lands and tenements shall remain and
continue in force until the same be burnt, cancelled, torn, or obliter-
ated by the testator or his directions in manner aforesaid, or unless
the same be altered by some other will or codicil in writing, or other
writing of the devisor, signed in the presence of three or four wit-
nesses, declaring the same.

Id s 303
1810, c 31, s 3.
Wills of per-
sonal estate,
how revocable
26 Md 95

6. No will in writing concerning any goods or chattels, or per-
sonal estate, shall be repealed, nor shall any clause, devise, or be-
quest therein be altered or changed by word of mouth only, except
the same be in the lifetime of the testator committed to writing, and
after the writing thereof read unto the testator and allowed by him,
and proved to be so done by three witnesses at the least.

Id. 8. 304
1810, c. 14, s 4,
1832. c 295
No devise or
bequest to lapse
9 Md 575, 28
Md 318, 33 Md
442, 35 Md 519,
40 Md 171, 43
Md 122

7. No devise, legacy, or bequest shall lapse or fail of taking
effect by reason of the death of any devisee or legatee (actually and
specially named as devisee or legatee, or who is or shall be men-
tioned, described, or in any manner referred to, or designated or
identified as devisee or legatee in any will, testament, or codicil),
in the lifetime of the testator; but every such devise, legacy, or be-
quest shall have the same effect and operation in law to transfer the
right, estate, and interest in the property mentioned in such devise
or bequest, as if such devisee or legatee had survived the testator.

Id s 305

1825, c 119
What words
imply absolute
estate
10 Md 186, 30
Md 447, 33 Md
519, 43 Md 122,
47 Md 347

8. In every will whereby any lands or real property shall be de-
vised to any person, and no words of perpetuity or limitation are
used in such devise, the devisee shall take under and by virtue of
such devise, the entire and absolute estate and interest of the tes-
tator in such lands or real property, unless it shall appear, by devise
over or by word$ of limitation or otherwise, that the testator in-
tended to devise a less estate and interest.

1862, c 161
Words import-
ing want or
failure of issue
construed
32 Md 101, 83
Md 569 36 Md
630, 38 Md 428,
41 Md 488, 47
Md 347.

0* In any devise or bequest of real or personal estate, the words
" die without issue, " or " die without leaving issue, " or " have no
issue, " or any other words which may import either a want, or a
failure of issue, of any person in his lifetime, or at the time of his
death, or an indefinite failure of his issue, shall be construed to
mean a want or failure of issue in the lifetime, or at the time of the
death of such person, and not an indefinite failure of his issue, unless
a contrary intention shall appear by the will