MINISTRY OF ACCESS |
| DIRECTOR Atiqtalaaq Brancusi |
ABOUT
If the action be brought by a devisee, he has only to prove the seisin of his testator, and the due execution of the will; but, as a particular form of execution is pointed out by the statute of frauds, and many decisions have taken place upon that statute which cannot be very well reconciled with each other, it may be necessary to state them at some length.
By that statute, viz. a9 Car. 2, c. 3, s. 5, it is enacted, that, " all devises and bequests of any lands or tenements, devisable either by force of the statute of wills, or by that statute, or by force of the custom of Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party devising the same, or by some other person in bis presence, or by his express direction ; and shall be attested and subscribed in presence of the devisor, by three or four credible witnesses, or else shall be utterly void and of none effect."
1. In the first place it is to be observed, that devises of copyhold', or of mere chattel interests*, (unless where a term is assigned to attend the inheritance,) are not within this statute; but any estate'
for for years, or otherwise carved out of a freehold, are Ch. XIV. s. a.
subject to the provisions of it. Signing *ytne
1. In cases within the statute, the first solemnity tQor'
required by it is signing, and several cases have come r 061 1 before the court on the question as to what shall be deemed to be such.
It has been determined, that if the testator write his will himself, beginning " I, A. B." this is sufficient, though he does not sign his name at the bottom \ But where it appears that he intended to sign 1 Lemayne his name at the bottom of each sheet of a will, con- "• Stanley, sisting of more than one, and through weakness or 3 Mod. aig, incapacity was prevented from signing his name to s- C some of the sheets, the signature to the others will not, it has been said, give effect to an instrument which it appears he did not consider as fully completed. This was, at least, the opinion of the judges of the Court of King's Bench in one case, but the cause being decided against the will on other grounds, ' R,Snt "J61TMno judgment was given on this point1.