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A Treatise on the Law of Wills and Codicils (1826)
A Treatise on the Law of Wills and Codicils - 1826 Author:William Roberts Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: without affecting the subjects of the first will, or where the second will is only of personal estate, there seems to be no reason why, if it contain an express ... more »revoking clause, and be signed by the testator in the presence of three witnesses, it should not revoke an antecedent will of lands: and such seems to have been the opinion of Lord Chancellor Cowper, in the above-mentioned case of Onions v. Tyrer. (5) SECT. III. ' Inconsistent Dispositions. CONCERNING the operation of a subsequent will of lands, executed with the ceremonies prescribed by the 5th section, as a revocation of a preceding will, il is material to be observed that such effect is not produced by the subsequent will, merely as being posterior in time, unless its dispositions of the property are incapable of standing with those of the preceding will: and where there is any such' inconsistency, the revocation produced thereby is confined in its extent to the subjects of the inconsistent dispositions. This seems to be well established in Hitchins v. Bassett, (a) where the case upon the special verdict was as follows:—Sir Henry Killigrew was seised in fee of the lands in question; and on the 12th of November, 1644, made his will in writing, whereby, amongst other hereditaments, he devised the premises to Mrs. Jane Berkely, his near (a) 1 Show. 265. 2 Salk. 591. (5) See the same doctrine and reasonings applied to the question of revocation upon the statute of 12 Car. II. c. 24. 7 Ves. 48. cxparte Ilchester. kinswoman, for life, with remainder over to Henry Killigrew, testator's natural son, in tail, and made the said Mrs. Berkely sole executrix. They further found that afterwards, in 1645, the testator made another will in writing: but what was contained in the last-mentioned will, or what was its ...« less