fon, or Felony, fuch Perfons may not make a Teftament. And if a Man kill himself, his Teftament is good for his Lands; but not for his Goods and Chattels, which are forfeit. And an outlawed Perfon may not make a Will of his Goods, but of his Lands he may. Co. Lit. 89. Perk. Sect. 503, 504. Swinb. 37.40. Co.6. 23. Swinb. 53. 7 Fac. Stat. 56 Ed. 6. c. 11. Plow. 258, 259, 261, &c.

If fome Witneffes depofe, That the Teftator was of perfect Mind and Memory; and others depofe the Contrary; their Teftimony is to be preferred which depofe that he was of found Memory, for that their Testimony tends to the Validity of the Teftament, and for that every Man is a reasonable Creature. And if a Lunatick Perfon make his Teftament, and it is not known whether the fame was made whilft he was of found Memory or no; then in cafe there can be no Folly or Frenzy gathered from the Teftament, it is to be prefumed that the fame was made during the Time of his calm and clear Intermiffions, and fo fhall be adjudged good. Swinb. p. 67.

All Wills must be according to the Mind and Intent of the Teftator. declared seriously, and not jeftingly, and 'tis the Mind of the Teftator difcovered by Circumftances, and not the Words only, which gives Life to the Teftament. Swinb. 9. 131, 324, 325.

The Intent fhall make Wills have a different Conftruction from other Deeds. Co. Lit. 25. Plowd.

162.

A Will made by Flattery, Threatnings, or Compulfion, is void in many Cafes: But when a Man is very fick, and his Friends make his Will, and read it to him, and ask him, whether

it fhall be his Will? To which he replies, Tes, This may be good, if it does not tend too much for the Advantage of the Perfons as made it Swinb. 283, 284, 285, 286.

If a Teftament be found written in the Teftator's House, and not known by whom, and read unto and approved by the Teftator; this is a good Teftament for Lands or Goods.

A Teftament may be made on any Paper or Parchment, be written in any Hand or Language, the Sentences long or fhort, as 20 s. &c.. and be notwithstanding good; and if there be any Omiffion, it will nevertheless be conftrued according to the Intent of the Teftator, by what preceeds or follows it. Swinb. Part 4. Sea. 25, 26.

And a Teftament with or without Name or Seal to it, if the Teftator agrees to it before Witnesses, hath been adjudg'd fufficient.

A Will written by a Man himself, though not figned and fealed, proved after his Death to be his own Hand Writing, was allow'd good, tho' not declared before Witnesses in his Life-time, for fuch doth approve itself. Swinb Part 7. Sec. 13. Par. 4. Sect. 25.

But a Draught, or fcribbled Paper, with Interlineations written by a Man, fhall not be taken as his Will after his Death; it must be written in fome Order, which will look as if he intended it to be his Will.

Witneffes, without fetting their Hands to a Will, or hearing it read, if they heard the Teftator declare it to be his laft Will, will be a good Proof: But a Witness cannot be Proof to a Legacy given to himself, tho' he may to all the reft. Swinb. Part 4. Sect, 21.

If a Man bids another write his Will, and orders him to make it fo and fo, and before it is done and brought to him to be approved, he dies, the Will is good for nothing.

But if a Man die before his Will is perfected in his Prefence, it may be good for the Devifes which are finished in it, tho' for no more, or any unfinished.

A Devife may be revoked, by making a Feoffment of the Lands devised; and by Marriage of a Woman, her Testament made before is become void.

And a married Woman cannot make a Will of her own Goods without her Husband's Confent; and if he does Confent, it is faid, he may revoke it in her Life-time.

Where two Wills are made both of one Date, they are both void: And if there be two Wills, and the Teftator, before Witneffes, declares that the former fhall stand, the latter is thereby revoked, otherwife the former is void: And in cafe there be two Wills, be fure and well prove the latter to avoid the former. Swinb. Part 7. Sec. 11. Perk. Sect. 479. Co. 4. 61. Plow. 344.

As a latter Will doth overthrow a former fo the latter Part of a Will doth overthrow the former Part of it. Co. Lit. 112. Plow. 540.

He who thinks he has Caufe to question a Will, ought presently after the Death of the Teftator, to put in a Caveat, or Exception, into that Court where the Will is to be proved, and thereupon proceed to queftion it.

Where Lands are devifed by Will, the Will ought to be proved in Chancery; but of Goods it must be done in the Spiritual Court: And a Will both of Lands and Goods mixed, may be proved in the Spiritual Court.

A

A Man must be folely feized of Land, and not jointly, to make a Devise of it; and a Man devife Reverfions as well as Poffeffions, in may Fee, or for Life, or Years.

A Devife of all Lands and Tenements, conveys all Reverfions as well as Poffeffions; and where Lands are devifed for Payment of Debts, Perfonal Estate fhall nevertheless be first applied towards it, according to Law.

Archbishops, Bishops, and other Spiritual Perfons, may not devife Lands or Goods which they have in Right of their Churches, nor Members of Corporations the Corporation Lands. Perk Sect. 496.

A Man may devife Lands in Fee Simple, (but not Fee-Tail) and Goods or Chattels, to his Wife, as well as to any other; and fo he may to Infants, Women Covert, Felons outlaw'd, or excommunicated Perfons, Bondmen or Free, Colleges, Univerfities, Corporations, &c. tho fuch Perfons cannot devife themselves. Perk. Sect. 505510. Swinb. 223.

A Devife may be to the Ufe of another, and the Ufe fhall be executed.

A Devife must be of a Thing, and to a Perfon that is certain, otherwise it is void: And a Devife to a Man who fhall marry my Daughter, or to a Man and his Children, is certain enough, and good. Swinb. 293, &c. Co. 6. 68. Plow. 245. Perk. Sec. 150.

A Man must have a Right to the Land he devifeth, or the Devife is void: And a Devise may be of Corn growing on the Ground; a Sum of Money due on Mortgage or Bond, on Condition to be paid at a Time to come; Goods perfonal of a Wife, &c. but no Chattel real, or Thing in Action belonging to the Wife, may

be

be devised by the Husband. Plow. 485, &c. Co. Lit. 351.

Devises to evil Intents and Purposes, or of a Thing impoffible, or against Law, are void.

To fettle Lands, it is beft to do it by Act in one's Life-time and in Health, with fuch Condi tions and Powers of Revocation as may be proper; and if one does it by Will, it is good to obferve the following Rules; viz. That a Man do it in perfect Memory, and by learned Advice. That the Will be indented of two Parts, and one Part left with a Friend, that it may not be fuppreffed after Death. That there be credible Witnesses to the Signing, Sealing, and Publication thereof, who fet their Hands to it. That the whole be written in one Hand, and on one Sheet of Paper or Parchment for fear of Alteration. And if it be in feveral Sheets of Paper, That the Hand and Seal of the Teftator be put to each, and the Witneffes fubfcribe to each Sheet. And if there be any Interlineation or Razure, That a Memorandum be made of it.

A Devife of Lands to a Man's Executors, to be fold for Payment of Debts, &'c. paffes the Land unto them; fubject nevertheless to this Condition, That they fell the fame in convenient Time: But a Devife, That the Executors fhall fell, gives them a Power to fell Lands, but does not pass the Lands themselves, because a Power only is devifed in this laft Cafe; but in the first, the Land itself was devised.

A Devife to a Man and all of his Blood, paffes a Fee-Simple; but a Devife to one and all his Seed, paffes an Estate Tail only. Co. Lit. 9.

A Devise made to a Man and his Heirs Males gives an Estate in Tail Male, and confequently the Males only, and not Females, shall enjoy it.

So