the several annuities, as aforefaid, unto and to Thomas Watfon, of, &c. and his iffue [in fame manner as devifed to William Noble in claufe 8.] and for want of fuch iffue, to my own 12. right heirs for ever1. AND I do will, order, and direct, that all my just debts, funeral expences, and the charges of proving this my will, be, by my executors herein after named, 13. paid and difcharged out of my personal estate; and after payment thereof, I give and bequeath to the prefident, treasurer, and governors of Chrift's Hofpital, London, the fum of 200l for the ufe of the faid hofpital; the fame to be 14. paid within nine months after my deceafe. ALSO, I give and bequeath unto my faid fifter Elizabeth Coleman, the fum of zol, my gold watch, filver pint and quart cups, marked 15. T. N. and all my filver tea-fpoons. ALL the reft, refidue and remainder of my personal eftate, of what nature or kind foever, I give and bequeath the fame, and every part thereof (after the payment of my debts, funeral expences, charges of proving this my will, and legacies as aforefaid) unto my faid wife Jane Noble: AND I do hereby nominate, conftitute, and appoint my faid wife Jane Noble, and my faid fifter Elizabeth Coleman, executrixes of this my last will and testament; hereby revoking and making void all former wills and 1 By thofe devifees and limitations begun at claufe 5, may be perceived how a man may limit his lands to as many perfons as are in being for life, with remainders in tail to as many of them as he thinks fit; and hereby he acts confiftent with the rules of law and equity; as here, although neither of the perfons to whom thofe eftates are in this manner devised for life, can convey for any longer term than his or her own life; yet the iffue to whom the estates are limited, and who will by this devife take estates tail, either of them, when in poffeffion, may be enabled, by fuffering a common recovery, to convey the inheritance': So where real estate is devifed to any one in fee-tail general (defined p. 115.) without any remainder or reverfion expectant thereon, the entail may be effectually barred by a fine. Concerning a remainder we gave a hint in page 33; and here we have a defeription both of a remainder and reverfion, as here we fee eftates are given to feveral perfons for life, with limitations to their iffue in tail, which are called remainders; and for want of fuch iffue the teftator ultimately gives the eftates to his own right heirs for ever, which latter is called a reverfion, and this would have exifted had the teftator made no mention thereof; for if there be a gift for life or in tail, and no difpofition of the fee, the reverfion is, without any fpecial refervation, vefted in the donor by act of law, and the fee will return to him or his heirs after the eftate carved thereout is spent, unless prevented by a recovery being fuffered. Now where there is no remainder over, the tenant in tail general may effectually bar the entail by a fine, provided he has alfo the reverfion in himself, which he may poffibly have on the donor's death, as being his right heir. But where there is any remainder over, or a reverfion that is not in the tenant in tail, a recovery should be suffered for effectually barring the whole. To explain the reafon of this and other points here touched upoh, a copious treatment on the doctrine of remainders, reverfions, fines, and recoveries, would be requifite; and as this might probably be tedious to fome of our readers, and likewife would be rather an invafion on the general subjects of this work, we fhall refer fuch as are defirous of fuller information, to Black. Com, 2 V. 163. 175-349- 357. where this doctrine is difcuffed. tefta teftaments at any time heretofore by me made, and do de- in the year of our Lthe Seal.. [Place of] Lord 17 SIGNED, fealed, &c. [as in No. I. THOMAS NOBLE. only here must be three witnesses.] NUMBER VIII. A MAN makes his Will of his Real estate only, and devises the fame to a Single Woman, chargeable with an Annuity given to his Natural Daughter thereout. 1. Devifes the Eftate fubject to the Annuity. 2. Gives the Annuity payable Half-yearly, with Power to enter and diftrain after 20 Days Non-payment. 3. Power to enter and receive the Rents after 40 Days Nonpayment. IN THE NAME OF GOD, AMEN. I. M. J. of the parish of in the county of Middlefex, gentleman, being in .. health of body, and of found and difpofing mind, memory, and understanding, praised be God for the fame, do make I. this my last will, in manner following: I give and devife unto Ifabella Puella, of the parish of aforefaid, fingle woman, all that my meffuage, tenement, land, and hereditaments, with the appurtenances, fituate, lying, and being at, and now in the tenure or occupation of ; To HOLD unto her the faid Isabella Puella, her heirs and affigns for ever; SUBJECT nevertheless to, and charged and charge- X able with, the annuity, yearly rent, or fum of forty pounds, herein after mentioned. AND I do hereby give, devise, and bequeath, unto Jane Puella (the natural daughter of the faid Ifabella Puella), and her affigns, for and during the term of her natural life, one annuity or clear yearly rent or fum of 401 of lawful money of Great Britain, free of all taxes and other deductions parliamentary or otherwise, to be iffuing and payable out of the faid meffuage or tenement, land, and hereditaments, and to be paid and payable by half-yearly payments, 2. R 2 3. payments, at and upon the feaft-days of Saint John the Baptift day of in the SIGNED, fealed, &c. [as in No. I. only here must be three witnesses.] M. J. [Pla the Seal. Place of m Where the will concerns only land there is no need of an executor, neither ought it to be proved in the fpiritual court, as mentioned p. 172. For establishing the fame, and perpe uating the teftimony thereof, it may be proved in chancery, as mentioned page 194. NUMBER IX. A CODICI L, Whereby a Will is altered and new Legacies given. WHEREAS I John Manning, of Fleet-street, in the city of London, hofier, have made and duly excuted my last will and testament in writing, bearing date the 4th day of September 1787, and thereby given and bequeathed the fum of 2001 unto Thomas Mun; Now, I do hereby revoke and make void the faid legacy of 2001, fo given and bequeathed by my faid will unto the faid Thomas Mun, and do give and bequeath the faid fum of 200l unto James Franks, of Cheapfide, London, haberdafher; ALSO, I do revoke and make void the two feveral legacies of 100 apiece, given and bequeathed by my faid will unto Christopher Ham and William Ham, and do give and bequeath unto the faid Christopher Ham and William Ham the fum of 401 apiece, and no more: AND I do hereby give and bequeath unto Richard Win, of Fofter-lane, London, cordwainer, the sum of 1201. And I do ordain and declare this prefent writing to be a codicil to my faid will, and that the fame shall be annexed thereto, and taken as part thereof; and do confirm my faid will in every particular thereof that is not hereby altered or revoked : IN WITNESS whereof I have to this codicil fet my hand and feal year of our Lord 17 day of in the SIGNED, fealed, declared, and publifhed, by the faid John Manning, as and for a codicil to be annexed to his laft will and teftament, and to be taken as part thereof, in the presence of JOHN MANNING. the Seal. the Place of 1 Two witneffes. [See a codicil described, page 167, 168.] R 3 NUMBER X. A NUNCUPATIVE WILL. THE LAST WILL of Thomas Mors, late of Rude-lane, in the eity of London, gentleman, deceased, declared by him by word of mouth the 4th day of September 1785. [Here infert the words as fpoken by the deceafed, and conclude thus]: Those were the words fpoken by the faid deceased Thomas Mors, in the prefence of us who have hereunto fubfcribed our names as witnesses thereof, this day of 17. Three witneffes. [See a definition of this will, p. 161, 162.] A RELEASE OF DISCHARGE for a Legacy.-See the Stamp on which this and the two following forms are to be written", Page 64-66. TO ALL TO WHOм these presents fhall come, I John Franks of Woodstreet, in the city of London, filverfmith, fend greeting. WHEREAS Thomas Smith, late of Fleet-ditch, in the said city of London, butcher, deceased, in and by his last will and testament in writing, bearing date on or about the 4th day of September 1785, did give and bequeath unto me the faid John Franks the fum of 6ol, and the faid Thomas Smith, by his faid will, made and conftituted William Mun and James Dun, executors thereof. Now KNOW ALL by these prefents, That I the faid John Franks do hereby acknowledge to have received of and from the faid William Mun and James Dun, the faid fum of 6ol, fo given and bequeathed to me in and by the faid will of The ftamps on which thofe difcharges are to be written, being very confiderable in price, fome perfons through timidity may be afraid to write thereon, left they should fpoil their work, and thereby lose both the ftamp and their labour; wherefore to obviate any fcruple of this kind, we may obferve, that the ftamp need not be loft, if the writing thereon fhould not be carried into execution; it being very common for young clerks and writers, either through inattention, or deficiency of knowledge, to render their writing fo defective, as that the paper or parchment thereby becomes useless, and thrown afide; yet the ftamp or duty thereon will not be loft, if the useless writing is carried to and left at the ftamp office at Somerfet-place, and there oath be made that no ufe was ever made thereof, or benefit or advantage derived therefrom; as thereon a new ftamp will be allowed in the room of that fpoiled; and fo when misfortunes of this kind happen in the country, if the spoiled writing is carried to, and left with the diftributer of the ftamps, and oath made before him as above mentioned, a new ftamp will be allowed. the |