CREDIBILITY of witnesses, (continued.)

under 1 Vict., c. 26, 192.

as affected by their personal qualifications, 192.
See INTEREST.

CREDITORS,

may be witnesses to the will of their debtor, 191.

bequests for payment of, do not lapse, 619 n.

bequest to A for payment of his debts creates no trust for, 685.

CROWN, administration of charity devolving on, 458.

CUMULATIVE LEGACY, 354.

CUSTODY of will, considered in adjudicating unattested will of personalty, 242.
CUSTOM,

not to surrender to use of will, whether good, 166.

not presumed, ib.

CUSTOMARY FREEHOLDS,

alienable by surrender and admittance, are devisable, 168.

statute of frauds regulating execution of wills did not apply to, 243.

CY PRES, doctrine of,

applied to charitable gifts, 449.

except where particular object in view, 453.

when disposal of gift under, devolves on the crown or the court, 458.
notwithstanding residuary bequest, 453.

gifts void under 9 Geo. II., c. 36, not applied, 459.

applied to limitations contravening rule against perpetuities, 568.

may be applied so as to carry estate to same persons in different manner, 571.

but not so as to carry estate to persons not mentioned, ib.

may be applied so as to give estate tail to some only of a class, 571.

not confined to first set of limitations requiring modification, 572.

does not apply to personalty, ib.

nor a mixed fund, ib.

nor where intention is clearly only to create successive life estates, ib.

nor to limitation in fee to children of unborn persons, ib.

applied notwithstanding residuary bequest, 453.

not applied in the U. S., 410 n., 450 n., 486 n.

chancery jurisdiction over, 459 n.

history of doctrine of, 459 n.

D.

DATE of will, where not same as day of execution, 591 n.

not part of will, 27 n.

need not appear in will, 27 n.

provable by parol, 341.

DAY, fractions of, not recognized, 91.
See AGE-ACCUMULATION.

DEAF person, validity of will of, 63.

DEBENTURES, railway, within 9 Geo. II. (charities), 425, 427.

DEBT, bequest of, whether lapsing by debtor's death, 618 n.

DEBTS, preferred to testamentary disposition, 147 n.

charge of, by unattested codicil, 234.

DECLARATIONS of testator's intention, when admissible, 726 n., 729, 734 n., 747.
of testator, as to undue influence, 143.

that he has made will, no proof of execution, 245.

as to revocation, 269 n.

See PAROL EVIDENCE.

DECREE for sale, how far revokes will, 327.

DEED, held testamentary, 34, et seq.

DELAWARE STATUTES,

disposing age, 61 n.

married woman's testamentary capacity, 80 n.

after-acquired lands, 156 n., 602 n

attestation, 198 n.

posthumous children, 272 n.

charitable uses, 389 n.

DELUSION, what, 100 n., 101, et seq.

DEMENTIA, what, 100 n.

DEMONSTRATIVE LEGACY, marshaling charity analogous to, 442.

DESCRIPTION, parol evidence to explain, 731.

"DESIRE," 684.

DESTRUCTION OF WILL,

Before 1 Vict., c. 26.

revocation by, 282.

mere attempt at, ineffectual, 287.

partial, effect of, 291.

of one of two duplicate wills, effect of, 296.

of will without codicil, effect of, on codicil, 298.

Since 1 Vict., c. 26.

what is, 299.

must be in presence and by direction of testator, 308.

where unauthorized, contents may be proved aliunde, ib.

once completed, whether will can be revived, 360.

reference by codicil to destroyed will revokes posterior will, ib.

See REVOCATION.

of contingent remainders, see CONTINGENT REMAINDER.

DEVISABLE,

what is, 145, et seq.

what will descend to heir, 145.

what will descend to heir of ancestor, ib., n.

joint estate, 146.

estate in common,

149.

DEVISABLE, (continued.)

estate in coparcenery, ib.
executory interest, ib.

transmissible interests, ib.

contingent, executory and future interests, by statute 1 Vict., c. 26, 152.

chose in action, 155.

right to have conveyance set aside, 154.

not a mere possibility or hope, 149 n.

easement, 152 n.

power to sell, ib.

action against purchaser for breach of contract to buy not included in devise of

the land, 153 n.

possession de facto without title, 154.

descendible interests, 154 n.

equitable interest without seizin not pass as land "of which I die seized," 154 n.
interest in pending suit, 155 n.

after-acquired land, 156 n.

rights of action, 153.

rights of entry, ib., 154 n.

freeholds acquired after date of will, 155.

equitable interests, 156.

interest acquired by preclosure after date of will, 157.

under contract for purchase, 159.

when testator bound and vendor not, 163.

where there is an option to purchase, ib.

copyholds, 165.

acquired after date of will, 166.

equitable interest in, 166.

right of unadmitted devisee of copyholds before 1 Vict., c. 26, 168.

DEVISE, (continued.)
aliens, 86.

traitors, 87.

felons, ib.

DEVISEES, who may be,
corporations, 180.

by N. Y. statute, 180 n.

religious corporations, ib.
devise to U. S., ib.

N. Y. act intends N. Y. corporations, 181 n.

unincorporated society, 181 n.

foreign corporations, ib.

school district, 182 n.

town, ib.

county poor commissioners, ib.

parliamentary authority, 184.

rebel against U. S., subject to approval of government, 185 n.

ascertainable by future event or act, 233.

when constituted trustees, 183.

aliens, 185.

witness to the will, 188.

witness to codicil to will, 192.

husband or wife of witness, ib.

heir before 3 and 4 Will. IV., c. 106, 194.
since 3 and 4 Will. IV., c. 106, 196.

infants, ib.

en ventre, ib.

femes coverte, 196.

insane, ib.

DISABILITY, will made under, not good, unless confirmed after disability remov-

ed, 85.

See CAPACITY.

DISINHERIT, POWER TO, limited by civil law,

DISSEIZIN,

will made during, invalid, 153.

when works a revocation of will, 312.

DISSENTING CHAPEL, bequest for, 380.

DOMICILE-See LEX DOMICILII.

does not affect devolution of lands, 2.
how affects legacy duty, 4 n.

probate duty, 5 n.

regulates devolution of movables, 3.

274 n.

validity and construction of will of movables, 4, 5, 6.
even where probate granted in error, 8.

change of, how affects validity of will, 6, 7 n.
does not regulate validity of will under power, 17.

nor any will where special treaty with this country, 17.

DOMICILE, (continued.)

how ascertained, 18.

intention to retain, of no effect against facts to contrary, 18 n., 19 n.

how acquired, 18.

remains till another acquired, 18.

original, when it reverts, 19.

burden of proof of change, 19 n.

not acquired by residence in service of crown in India, 23.

is acquired by residence there in company's service, 23 n.
not changed by residence as ambassador, 23.

original, restored by appointment as, ib.

residence of wife, may be material as to, 21, 22 n.
is changed by residence as consul, 23.

or for commercial purposes, 24.

or life employment abroad in the public service, 23.
residence in a military or naval capacity, how affects, 23.
animus manendi required to change, 18 n.

and is sufficient notwithstanding desire not to change, 18 n.
residence for health, how affects, 24.

of infant, whether follows that of mother, 25.

of wife, follows that of husband, 22 n.

probate ancillary to foreign probate, 8.
not apparent on face of will, 10.
residence not, 12 n., 21 n.

residence prima facie evidence of, 20 n.
two residences, 19, 21.

residence necessary to, 20 n.

conditional intention to remain not sufficient, 24 n.

DUMB PERSON,

validity of will of, 63.

may acknowledge will by gestures, 253.

E.

EASEMENT, may be devised, 152 n.

ECCLESIASTICAL COURTS,

their authority over testamentary instruments, 48.

consider history and custody of will in adjudicating on unattested will of per
sonalty, 242.

ENGLISH STATUTES CITED,

Magna Charta and other early statutes (Devises to Corporations), 146, 182.

23 Hen. VIII., c. 10 (Superstitious Uses), 182, 379, 381, 386.

27 Hen. VIII., c. 10 (Jointures), 59, 473.

32 Hen. VIII., c. 1 (Wills), 58.

34 and 35 Hen. VIII., c. 5 (Wills), 58, 147, 180, 473.

37 Hen. VIII., c. 9, 382.