A Dictionary of American and English Law

WHITSUN FARTHINGS.-Pentecost-
als (q. v.)

WHITSUNTIDE.-The feast of Pente-
cost, being the fiftieth day after Easter, and the
first of the four cross-quarter days of the year.
It was styled Whit Sunday, or more probably
Whitsun-day, some say partly because of the
diffusion of light and knowledge then shed upon
the apostles, and partly from the white gar-
ments which they that were baptized at this
time put on. Mr. Hammon L'Estrange conjec-

tures that it is derived from the French word

huict, eight, Whit Sunday being Huiet-Sunday,
the eighth Sunday from Easter; observing that
the octave of any feast is in Latin called "utas,"
from which he derives the French word huictas.
In a Latin letter of Gerald Langbain, there is
another account of the origin of this word met
with in a Bodleian manuscript. It was a cus-
tom among our ancestors upon this day to give
all the milk of their ewes and kine to the poor
for the love of God, in order to qualify them-
selves to receive the gift of the Holy Ghost; this
milk being then (as it is still in some counties)
called "white meat," &c., and hence the name.
See Wheat. Com. Pr. 237.

Whit Monday is, by the 34 and 35 Vict. c. 17,
and 38 and 39 Id. c. 13, made a holiday in
banks, custom houses, docks, inland revenue
offices, and bonding warehouses. Whit Monday
is a holiday in the several courts and offices of
the English Supreme Court. Judicature Act,
1875, Grd. lxi., r. 4.

WHOEVER, (in a statute). 102 Mass. 214.
WHOLE, (in a will). 1 Madd. 257.
WHOLE AMOUNT OF THE CAPITAL STOCK, (in
act taxing stock companies). 69 N. Y. 91, 94.

WHOLE BLOOD.—“A kinsman of
the whole blood is he that is derived not
only from the same ancestor, but from the
same couple of ancestors." 1 Steph. Com.
(7 edit.) 417. See BLOOD, 2.

WHOLE ESTATE, (in a will). 4 Houst. (Del.)
414, 423; Stile 281; 4 T. R. 93.

WHOLE OF MY PROPERTY, (in a will). 2
Madd. 462.

WHOLE OF MY REMAINING PROPERTY, (in a
will). 6 Bing. 630.

WHOLE SUM, (in general assignment act). 61
How. (N. Y.) Pr. 99.

WHOLE YEAR, (in a statute). 12 Mass. 262,
265.

WHOLESALE, (defined). 2 Wis. 237, 243.
WHOLESALE FACTORY PRICES, (promissory
note payable in cotton yarn at). 2 Conn. 69.
WHOM IT MAY CONCERN, (policy of insurance
for). 1 Pet. (U. S.) 160; 2 Mass. 8; 5 Wend.
(N. Y.) 541; 7 Id. 82; 16 Am. Dec. 317; 1
Bouv. Inst. 478, 486.

WHORE, (defined). 43 Iowa 183, 185.
WHOREDOM, (what constitutes). 6 Ind. 339.

WIC.-A place on the sea-shore on the bank
of a river.

WICA.-A country house or farm.-Cowell.

WICHENCRIF.-Witchcraft.-Connell.

WICKEDLY, MALICIOUSLY AND CORRUPTLY,
(imply "wilfully"). 1 Cro. 201, n.
WIDEN, (spoken of a road, in a statute). 10
Vr. (N. J.) 45.

WIDOW.-A woman whose husband
is dead.

WIDOW, (defined). 11 Op. Att.-Gen. 1; 6
Ind. 229, 231.
(a devise to, as long as she should
remain a). 2 Day (Conn.) 28; 7 Conn. 567.
(Mass.) 157.
(interest of, in personal estate). 1

Pick.

15 Mass.

348.

164; 1 Pick. (Mass.) 21.
(is not entitled to dower in wild lands).

(in an indictment). 4 Car. & P. 579.
(in marriage banns). 3 Dowl. & Ry
WIDOW NOW PREGNANT, (in an order of a
justice of the peace). 2 Dowl. P. C. 473.

WIDOW-BENCH.-The share of her
husband's estate, which a widow is allowed
besides her jointure.

WIDOW'S CHAMBER.-In London,
the widow of a freeman was, by the custom of
the city, entitled to her apparel and the furniture
of her bed-chamber. See 19 and 20 Vict. c. 94.

WIDOW'S TERCE.-The right which
a wife has after her husband's death to a third
of the rents of lands in which her husband died
infeft: dower.-Bell Dict.

WIDOWER.-A man whose wife is

dead.

WIDOWHOOD, (devise to wife during). 2
Wash. (U. S.) 416; 14 Mass. 88; 20 Wend. (N.
Y.) 53; 6 Watts (Pa.) 87, 213, 345; 3 Whart.
(Pa.) 575, 583; 2 Yeates (Pa.) 389; 3 Id. 79.

provision by marriage settlement to
continue during). 8 Wend. (N. Y.) 267.
WIDOWHOOD AND LIFE, (devise to wife
during). 6 Mass. 169.

WIDOWS AND CHILDREN OF SEAMEN, (devise
to). 3 Meriv. 48.

WIDOWS AND ORPHANS OF A PARISH, (devise

to). 2 Sim. & S. 93.

WIFE.-A woman that has a husband.
See HUSBAND AND WIFE.

WIFE, (devise to "his beloved"). 1 Russ. &
M. 629.

(control of, over property of husband
in his absence). 10 Wend. (N. Y.) 79.

(when competent, after divorce, to tes-
tify against husband). 1 Hill (N. Y.) 63.

(when may testify against administra-
tors of deceased husband)., 2 Hill (N. Y.) 186.
(when must join in an action). Coxe
(N. J.) 217.
(in an indictment). 1 Cro. 198; 2
Leon. 183.

(in a will). 8 Com. Dig. 475.

(what words imply). 1 Cro. 201, n.
(in a statute). 1 Abb. (U. S.) 196; 1

WIGREVE.-The overseer of a wood.- Baldw. (U. S.) 378; 6 Otto (U.S.) 702; 105

Cowell.

WILD ANIMALS (or animals feræ
naturæ).-Animals of an untamable dis-
position. See ANIMAL, 2.

WILD LAND, (right of lessee to cut timber
on). 7 Johns. (N. Y.) 227.

WILD LANDS, (when widow is dowable of).
7 Pick. (Mass.) 143.

(when widow not dowable of). 15
Mass. 164; 1 Pick. (Mass.) 21.

WILD'S CASE, RULE IN.-A. devise
to B. and his children or issue, B. having no
issue at the time of the devise, gives him an
estate tail; but if he have issue at the time, B.
and his children take joint estates for life. 6 Co.
16b; Tud. Cas. R. P. (2 edit.) 542, 581.

This case does not apply to personalty. See
Audsley v. Horn, 7 W. R. 125, affirmed on App.
8 W. R. 150; 2 Jarm. Wills (3 edit.) 365, 388.

Mass. 463; 110 Id. 401; 9 Metc. (Mass.) 270; 9
Gray (Mass.) 303; 47 Vt. 537; 1 Ex. D. 419.
(in penal statute). 34 Wis. 675.

79.

(in act of congress). 8 Bost. L. Rep.

(in railroad act). 31 Iowa 187.

(in an indictment). 2 Marsh. 466.
(in an indictment for perjury). 3
Yeates (Pa.) 413; 5 Barn. & C. 246; Stark. Cr.
Pl. 86, 249.

WILFULLY AND CORRUPTLY, (when neces-
sary in an indictment for perjury). 7 Dowl. &
Ry. 665, 671.

WILFULLY AND MALICIOUSLY, (in a statute).
122 Mass. 19, 35.

Rep. 209.

(in crimes act). 60 Me. 410; 11 Am.

("unlawfully and maliciously" is not
equivalent to). 60 Me. 410.
WILFULLY FALSE, (necessary in averring
malice). 6 Dowl. & Ry. 8.

WILL.-

1. A will is a disposition or declaration
by which the person making it (who is
called the "testator") provides for the
distribution or administration of property

after his death. It does not take effect
until the testator's death, and is always
revocable by him.

"codicils."-Formerly "will" signified a
2. "Wills," "testaments," and
testamentary disposition of land, as op-

? 2. Similarly a "wilful default" is an
act of omission done with intention. Mort-posed to a testament (q. v.), but this dis-
tinction is now obsolete. (Wms. Ex. 6; 2
gagees and other persons holding securities Bl. Com. 373.) In the strict sense of the
are liable for losses caused by their wilful
word, a will includes all testamentary dis-
default; hence, if a mortgagee of and in
possession does not avail himself of an time of his death; but in practice “will”
positions by the testator in force at the
opportunity of beneficially letting the land,
signifies a testamentary document which
he is bound to give credit for what he has
is in form complete in itself, while addi-
thus lost by his wilful default. (See
tional or supplementary dispositions are
ACCOUNT, 13 et seq.; MORTGAGEE IN POS-
called "codicils." See CODICIL; TESTA-
SESSION.) Wilful default is a species of
MENTARY, 82.
contributory negligence. See NEGLIGENCE,
26.

WILFUL, (in an indictment). 5 T. R. 607.
(obstruction of highway). 4 C. P. D.

136.

3. Lex loci-Lex domicilii.-A will
of fixed or immovable property (including
leaseholds) is generally governed by the
lex loci rei sitæ. (See LEX LOCI.) Thus, &
will made in one State, must, in order to
operate on lands in another, be executed
and attested according to the law of the
(in divorce law means "intentional "). | latter State, and must contain expressions
which would comprise and pass the lands

WILFUL AND MALICIOUS, (voluntary tres-
pass is not per se). 6 Johns. (N. Y.) 277.
WILFUL DESERTION, (in a statute). 115
Mass. 336.

32 Cal. 467.

in question.

In regard to personal, or rather movable property, the will is governed by the law of the place where the person was domiciled at the time of his death. But as regards formalities of execution, this rule is now subject to some exceptions, as to which see DOMICILE, Jarm. Wills 1 et seq.

8 6. No particular form of words is required to make a valid will (Williams 99; Wats. Comp. Eq. 1163. As to the ordi nary frame of wills, see Dav. Prec. Conv. iv.) so long as the testator's intention can be ascertained; otherwise its provisions will fail from uncertainty (q. v.)

87. Formalities.-A will must in ordi

foot or end by the testator, or by some one in his presence and by his direction, and the signature must be made or acknowledged by the testator in the presence of two or more witnesses, who must be present together at the same time, and must attest and subscribe the will in the presence of the testator and of each other.

? 8. A devise or bequest to an attesting witness, or to his or her wife or husband, does not affect the validity of the will, but the gift is, in most jurisdictions, void.

? 4. Testamentary capacity. — In-nary cases be in writing, and signed at the fants and lunatics are wholly incapable of making wills while their disability lasts. A married woman may make a will in respect of property settled to her separate use, or, with the assent of her husband, in respect of personal estate not so settled. (See SEPARATE ESTATE; TESTABLE.) All other persons have complete testamentary capacity. A person may also have a power of appointment by will over property not belonging to him. (See POWER, 6; TESTABLE.) The rule of the probate court as to such wills, is that it will grant probate of any instrument of a testamentary character if duly executed, leaving the question whether it is a valid exercise of the power to be decided by the proper tribunal. (Jarm. Wills 29.) So that a testamentary document purporting to be made in execution of a power may be proved as a will and yet be invalid, because it has not complied with the power. By the English Wills Act, every will executed in accordance with its provisions (infra, 7) is declared to be, so far as respects the execution and attestation thereof, a valid execution of a power of appointment by will, although the power may have expressly required that a will made in exercise of it should be executed with some additional or other form of execution or solemnity. Section 10. See APPOINTMENT, 1; EXECUTE, ? 2.

5. Testamentary power.—A person having testamentary capacity may dispose by will of all real and 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 disposed of, would devolve upon his heir, executor or administrator, including estates pur auter vie, and all contingent, executory and future interests in property, and all rights of entry. See OCCUPANCY, 3; RIGHT OF ENTRY, & 2. As to devises in mortmain, see that title.

9. Nuncupative.-A nuncupative will is when the testator, without any writing, declares his will before a sufficient number of witnesses. Before the Statute of Frauds, such wills were as valid for disposing of personalty as written wills, but by that statute (29 Car. II. c. 3, 19 et seq.) they were laid under several restrictions, except when made by soldiers or seamen in actual service. And, by the English Wills Act, nuncupative wills are altogether rendered invalid, except those made by soldiers or seamen in accordance with the old law. Wills Act, 11; Williams 111.

As to the revocation and revival of wills, see those titles.

10. Operation of will.-Every will is construed, with reference to the real and personal property comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear. As to the effect of this rule, see DEVISE, 22; LAPSE, ? 1; LEGACY, 8 2 et seq.; RESIDUE.

11. Form and contents of will.Wills are not required to be in any par ticular form, but a well-drawn will usually contains the following clauses (or as many of them as may be required) in the following order: (1) Commencement ("This is the last will of me, A. B., &c."); (2) revocation of former wills; (3) specific lega

cies; (4) general legacies; (5) annuities; (6) specific devises; (7) residuary gift; (8) clauses relating to property settled or given in trust (if any); (9) devise and bequest of trust and mortgage estates; (10) appointment of executors and guardians; (11) testimonium. (Elph. Conv. 427.) See the various titles; and as to settlements made by will, see SETTLEMENT; TRUST.

12. Probate of will.-As soon as possible after the testator's death, it is the duty of the executor to prove his will, either in common or in solemn form. (See PROBATE.) If there is no executor, letters of administration with the will annexed are granted. (See LETTERS OF ADMINISTRATION.) Before the probate is obtained, an executor may act as effectually in almost everything as if probate had been granted, and when granted it has relation back to the death of the testator. In the case of an administrator, on the other hand, acts done before the grant of administration are, as a general rule, not binding. Both rules are subject to exceptions. Wats. Comp. Eq. 235.

WILL, (defined). 45 Miss. 632.

(what is). 5 Cush. (Mass.) 261.
(distinguished from "testament"). 21

Wend. (N. Y.) 430, 436.

(form of). 1 Chit. Gen. Pr. 357.
(agreement to leave money by).
(what is legal proof of). Penn. (N.

W. Bl. 353.

J.) 35.

(in trust deed, equivalent to "his last will"). Dyer 314 b.

391.

(who is an officer at). 1 Ld. Raym.

WILL AND BEQUEATH, I, (in a will). McCord (S. C.) 546.

WILL AND DESIRE, (in a will). 5 Fla. 51. WILL CHARGE HIS ESTATES, (distinguished from a covenant that all his estates are charged). 2 Ball & B. 223.

WILL, CONDITIONAL, (what is not). 9 Pet. (U. S.) 174.

WILL, I, (in a will). 2 Vern. 406, 467. WILL IN WRITING, (in a statute). 7 East 299. WILL IT, TO, (equivalent to "dispose of it by will"). 2 Myl. & K. 434, 436.

WILL, NUNCUPATIVE, (made in another State). 13 Allen (Mass.) 38.

WILL SELL, (in a contract for ice). 12 Allen (Mass.) 379.

WILL, TENANCY AT, (what is). 1 Johns. (N. Y.) Cas. 33; 1 Chit. Gen. Pr. 256. WILL, TENANT AT, (who is). 5 Day (Conn.) 468; 23 Wend. (N. Y.) 616.

(has no estate that can be assigned by him). Penn. (N. J.) 803.

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2. Partnership.-The winding-up of a partnership is either (1) voluntary (i. e. by agreement between the partners); or (2) by

order of a court made in an action for the dis

solution of the partnership. (See DISSOLUTION.) A partnership consisting of more than seven members may be wound up by an order obtained on a petition under the Companies Act, 1862, 199, in which case the winding-up is almost the same as if the partnership were a company. See In re South Wales Atlantic Steamship Co., 2 Ch.

D. 763.

24. Compulsory.-A compulsory windingup takes place when the court having jurisdiction in the matter (e. g. the High Court in the Chancery Division), makes an order to that effect on a petition (Lind. Part. 1241; Thr. Jt. S. Co. 172 et seq.), presented by the company itself, or by a creditor or a contributory. The commonest case of compulsory winding-up occurs where a company cannot pay its debts. Companies not registered under the act can only be wound up

compulsorily. ( 199; Thr. Jt. S. Co. 205.) The 14 and 15 Vict. c. 36 substituted for this The provisions of the act also apply to building, tax a tax on inhabited houses. friendly, and industrial and provident societies registered under the acts regulating those associations (see the various titles). All the proceedings in a compulsory winding-up are taken under the direction of the court.

25. Voluntary.-A voluntary winding-up takes place when the company passes a resolution to that effect. Such a resolution must, in certain cases, be either a special or extraordinary resolution. (See RESOLUTION, 2.) A voluntary winding-up is conducted without the intervention of any court. Lind. Part. 1410.

6. Subject to supervision.-A winding-up may be voluntary, but subject to the supervision of the court, i. e. the winding-up is determined on by resolution of the company, but an order is subsequently made by the court that it shall be carried out subject to such restrictions as the court may impose, and with such liberty for persons interested to apply to the court, and generally in such manner as the court thinks just. Lind. Part. 1420. See In re Rochdale, &e., Co., 12 Ch. D. 775.

7. Commencement of winding-up. -By the doctrine of relation (see RELATE) a compulsory winding-up is deemed to commence at the time of the presentation of the petition. Voluntary winding-up (whether under supervision or not) commences at the time of the passing of the resolution to wind up, or the passing of the second resolution, if the resolution is a special one. (Companies Act, 1862, 130; Dawes' Case, L. R. 6 Eq. 232.) All dispositions of the property of the company, and every trans

fer of shares or alteration in the status of the members of the company, made after the commencement of the winding-up, are void, except in certain cases. See Emmerson's Case, L. R. 9 Eq. 231.

? 8. Effect of winding-up.-The principal effects of a winding-up are: (1) Nothing can be done after its commencement, except with a view to realize the company's assets, enforce contributions from its members if necessary, and distribute them among its creditors, (see the Judicature Act, 1875, 10,) and then, if there is any surplus, among the members. (2) Liquidators must be appointed to carry out these objects. (3) No legal proceeding giving one creditor an advantage over another, can be taken against the company or the members, except by leave of the court, in the winding-up. (Companies Act, 1862, 285.) Where a company is being wound up compulsorily or subject to supervision in the High Court, the judge before whom it is pending may order any actions by or against the company pending in any other division to be transferred to him. Rules of Court, li. 2 a. See ADJUDICATION, 2; CLAIM, 2; CONTRIBUTORY; DISSOLUTION, 3; LIQUIDATOR; and compare ADMINISTRATION; BANKRUPTCY.

WINDOW.-See LIGHT.

WINDOW TAX.-A tax on windows, levied on houses which contained more than six windows, and were worth more than five pounds per annum; established by 7 Will. III. c. 18.

VOL. II.

WINDOWS, (action for stopping up). Say 216.

(overlooking the privacy of a neigh bor). 13 Wend. (N. Y.) 261. WINDOWS, ANCIENT, (what are considered) 2 Barn. & C. 686; 1 Moo. & M. 400.

WINDSOR FOREST.-A royal forest founded by Henry VIII.

WINNER, (in act to prevent gaming). 2 Hall (N. Y.) 299.

WINNING COAL, (in license to work mine) 13 Ch. D. 277.

WINTER CIRCUIT.-An occasional cir

cuit appointed for the trial of prisoners, in England, and in some cases of civil causes, between Michaelmas and Hilary Terms.

WINTER HEYNING.-The season between 11th November and 23d April, which is excepted from the liberty of commoning in certain forests. 23 Car. II. c. 3.

WINTER SPERM OIL, (in a bill of parcels). 8 Wheel. Am. C. L. 349.

WISBUY, ORDINANCES OF.-A code of maritime jurisprudence compiled at this place in the isle of Gothland, principally from the law of Oleron, in the year 1400, for the gov ernance of the Baltic traders. See 3 Hall. Mid Ages c. ix., pt. 2, p. 334.

WISH, (in a will). 6 Jones (N. C.) Eq. 371. (of consignor to factor; when amounts to a command). 14 Pet. (U. S.) 479; 11 Serg. & R. (Pa.) 280.

WISH AND DESIRE, (in a will). 2 Barn. & Ald. 710, 721.

WISH AND WILL, IT IS MY, (in a will). 34 Ala. 349.

WISH, I, (in a will). 1 Desaus. (S. C.) 377 n. WISH TO LEAVE, I, (in a will). 1 Phillim. 36. WISH, WILL, OR DESIRE, (when not sufficient to create a trust). 5 Fla. 51.

WISTA.-Half a hide of land, or sixty

acres.

WITAM.-The purgation from an offense by the oath of the requisite number of witnesses.

WITCHCRAFT.- Conjuration; sorcery. No prosecution shall for the future be carried on against any person for witchcraft, sorcery, enchantment or conjuration, or for charging another with any such offense; but all persons pretending to use the same shall be punishable by imprisonment. 9 Geo. II. c. 5; 5 Geo. IV. c. 83, 4. See 1 Harris' Life of Lord Hardwicke, 281; and 4 Broom. & H. Com. 70, 205; 4 Steph. Com. (7 edit.) 210.

WITE.-A punishment, pain, penalty, mulct or criminal fine.-Cowell.

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A Dictionary of American and English Law: With Definitions of the Technical ...