THE THIRD SCHEDULE. REGISTER OF AUTHORISED COPIES OF WEIGHTS AND MEASURES ISSUED. For every comparison of a complete set of authorised copies of £ s. d. the standard weights and measures For comparing a set of avoirdupois or troy weights (each set) 1 1 0 THE FOURTH SCHEDULE. FEES FOR COMPARING THE AUTHORISED COPIES OF THE STANDARD WEIGHTS AND MEASURES. For comparing a set of measures of capacity ... ... ... 2 2 0 For comparison of any single copy whether of weight or ... measure... ... 0 2 6 THE FIFTH SCHEDULE. FORM OF INSPECTOR'S BOOK FOR MINUTING COMPARISONS. 27 VICTORIA, No. 215. Section 35. THE SIXTH SCHEDULE. I do hereby certify that the above is a true copy of the minute of comparison made by me on the 186 (Date) (Signed) day of Inspector of Weights and Measures for WILLS. ANALYSIS OF CONTENTS. SECT. 27 VICTORIA, Commencement, title, and division of No. 222. Act Repeal of former Acts except as to acts rights and proceedings under them... ... ... 2 Wills re-executed or revived by codicil to be taken as executed at date of codicil Act not to extend to estates pur autre vie of persons deceased before 1840 Meaning of "will," "real estate," "personal estate ... ... ... 2 2 3 ... ... PART I.-THE MAKING OF WILLS. All real and personal estate to which testator was entitled at time of death may pass by will This power extended to estates pur autre vie, contingent interests, rights of entry, and property acquired subsequently to date of will Minor incapable of making a will Married woman's testamentary powers not extended Requisites for the proper execution of a will ... ... ... Will not invalidated by position of signature The enumeration of circumstances not to confine the generality of the section Nothing written under the signature or after it has been attached to be effectual Appointments by will must be executed like other wills Such execution sufficient notwith ... 7 8 standing any contrary direction ... Act not to affect the wills of soldiers and sailors on actual service concerning personal estate Publication of will duly executed not 10 ... 27 tend 27 Effect of devise to trustees or execu tors Effect of unlimited devise to trustees Devises of estates tail not to lapse... 30 Gifts to deceased children whose issue are living at testator's death not to lapse... 28 ... 29 31 Executors to be trustees for residuary beneficiaries under Statute of Dis 13 ... 14 An Act to Consolidate the Laws relating to Wills. [2nd June 1864.] BE E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows: sion of Act. 1. This Act shall commence and come into operation on the Title and divifirst day of January A.D. One thousand eight hundred and sixty-five and shall be called and may be cited as "The Wills Statute 1864;" and is divided into the following Parts : PART I.-The Making Alteration Revocation and Revival of PART II. The Construction of Wills ss. 21-33. PART III.-Miscellaneous Provisions ss. 34-36. 2. The Acts and Parts of Acts specified in the Schedule here- Repeal of Acts. unto annexed shall be and the same are hereby repealed; but such Schedule. repeal shall not prejudice or otherwise affect any will made or any proceeding pending or any right acquired or anything done or made valid under or by any of the said Acts or parts of Acts previously to the coming into operation of this Act. And every will re-executed or republished or revived by any codicil shall for the purposes of this Act be deemed to have been made at the time at which the same shall be so re-executed republished or revived: and this Act shall not extend to any estate pur autre vie of any person who shall have 7 win. IV. & 1 died before the first day of January One thousand eight hundred Vict. c. 26 s. 34. and forty. " tain words in Ib. s. 1. 3. In this Act except where the nature of the provision or the Meaning of cercontext of the Act shall exclude such construction the word "will this Act. shall extend to a testament and to a codicil and to an appointment "will." by will or by writing in the nature of a will in the exercise of a power, and also to a disposition by will and testament or devise of the custody and tuition of any child by virtue of the Act 12 Car. II. c. 24, and to any other testamentary disposition. And the words "real estate" shall extend to messuages lands rents and heredita- “Real estate." ments (whether freehold or of any other tenure and whether corporeal incorporeal or personal) and to any undivided share thereof, and to any estate right or interest (other than a chattel interest) therein. And the words "personal estate" shall extend to leasehold estates “Personal and other chattels real, and also to moneys shares of government and other funds securities for money (not being real estates) debts choses in action rights credits goods and all other property whatso estate." 27 VICTORIA, ever which by law devolves upon the executor or administrator and No. 222. to any share or interest therein. All property may will. 7 Will. IV. & 1 Vict. c. 26 s. 3. Estates vie. pur PART I.—THE MAKING Of Wills. 4. Every person may devise bequeath or dispose of by his will be disposed of by executed in manner hereinafter required all real estate and all personal estate which he shall be entitled to either at law or in equity at the time of his death and which, if not so devised bequeathed or disposed of, would devolve upon the heir at law of him or (if he became entitled by descent) of his ancestor or upon his executor or autre administrator. And the power hereby given shall extend to estates pur autre vie, whether there shall or shall not be any special oceupant thereof and whether the same shall be freehold or of any other tenure and whether the same shall be a corporeal or incorporeal hereditament and also to all contingent executory or other future interests in any real or personal estate, whether the testator may or may not be ascertained as the person or one of the persons in whom the same respectively may become vested and whether he may be entitled thereto under the instrument by which the same respectively were created or under any disposition thereof by deed or will; and also to all rights of entry for conditions broken and other rights of entry; and also to such of the same estates interests and rights respectively and other real and personal estate as the testator may be entitled to at the time of his death, notwithstanding that he may become entitled to the same subsequently to the execution of his will. Contingent interests. Rights of entry and property acquired after execution of the will. No will of a minor valid. Ib. s. 7. Nor of a feme Every will to be in writing and signed by the testator in the presence of two When signature to a will shall be deemed valid. 5. No will made by any person under the age of twenty-one years shall be valid. 6. No will made by any married woman shall be valid except such a will as might have been made by a married woman before the coming into operation of this Act.(a) 7. No will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned (that is to say):-it shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary. (b) 8. Every will shall, so far only as regards the position of the signature of the testator or of the person signing for him as aforesaid, (a) See 34 Vict. No. 384 ss. 2 & 11, "Married Women's Property," ante, p. 1680. (b) To render a will valid it must be signed by the testator before the attesting witnesses affix their signatures.-In the goods of Kelly, 3 W. W. & a'B (I. E & M.), 80. A testator signed his will in the presence of one attesting witness. Some weeks after, the testator, with that attesting witness, attended at the house of another person, and informed him that the will which he then produced had been signed by him and the first witness; and, at the testator's request, this person signed his name as a second attesting witness, in the presence of the testator and the previous attesting witness. Held, that there was no attestation to satisfy the Statute, and administration granted as upon intestacy. In re Lacey, 6 W. W. & a'B. (I. E. & M.), 44; N.C., 42. The initials of attesting witnesses to a will are sufficient signatures when affixed for the purpose of attestation. In re Dyer, 6 W. W. & a’B. (Ï. E. & M.), 43; N.C., 12. No. 222. be deemed to be valid within the last preceding section if the signa- 27 VICTORIA, ture shall be so placed at or after or following or under or beside or opposite to the end of the will that it shall be apparent on the face 18 Vict. c. 24 s. 1. of the will that the testator intended to give effect by such his signature to the writing signed as his will. And no such will shall be affected by the circumstance that the signature shall not follow or be immediately after the foot or end of the will; or by the circumstance that a blank space shall intervene between the concluding word of the will and the signature; or by the circumstance that the signature shall be placed among the words of the testimonium clause or of the clause of attestation, or shall follow or be after or under the clause of attestation either with or without a blank space intervening, or shall follow or be after or under or beside the names or one of the names of the subscribing witnesses; or by the circumstance that the signature shall be on a side or page or other portion of the paper or papers containing the will whereon no clause or paragraph or disposing part of the will shall be written above the signature; or by the circumstance that there shall appear to be sufficient space on or at the bottom of the preceding side or page or other portion of the same paper on which the will is written to contain the signature. And the enumeration of the above circumstances shall not restrict the generality of the above enactment. But no signature shall be operative to give effect to any disposition or direction which is underneath or which follows it; nor shall it give effect to any disposition or direction inserted after the signature shall be made. a Appointments by wills &c. 7 Will. IV. & 1 9. No appointment made by will in exercise of any power shall be valid unless the same be executed in manner herein before re-wited like other quired. And every will executed in manner herein before required shall so far as respects the execution and attestation thereof be valid execution of a power of appointment by will, notwithstanding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity. 10. Any soldier being in actual military service, or any mariner Soldiers' and or seaman being at sea, may dispose of his personal estate as he mariners' wills. might have done before the coming into operation of this Act. Ib. s. 11. 11. Every will executed in manner hereinbefore required shall Publication not be valid without any other publication thereof. to be requisite. Ib. s. 13. incompetency of 12. If any person who shall attest the execution of a will shall Will not vold by at the time of the execution thereof or at any time afterwards be witness. incompetent to be admitted a witness to prove the execution thereof, Ib. s. 14. such will shall not on that account be invalid. (a) When the signature was on the opposite side of the page to the will and was turned upside down, and when there was no ground for suspicion that any improper practice was resorted to to obtain the signature, the signature was held valid under this section, and probate was granted. In the goods of Campbell, 2 W. & W. (I. E. & M.), 119. before the last clause of the will, it was held sufficient, for that this section did not require that the signature should be at the bottom of the will. -In re Hughes, 1 A.J.R., 2. The requirements of this section are sufficiently complied with where the testator and witnesses sign their names across the will at right angles to the other writing.—In the will of Pople, 5 A.J.R., 80. Where a witness to a will had signed his name |