IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 159 XI. PROVIDED alfo, That nothing in this Act contained, fhall be conftrued to reftrain any Tenant of fuch lands or flaves, from felling or conveying the fame by deed in his or her lifetime, or difpofing thereof by his or her laft will and teftament, and that all fuch estates shall remain liable to the debts of the Tenants in the fame manner as lands and flaves held in fee-fimple: Provided moreover, that this A&t fhall not extend to any lands or flaves which have been efcheated and fold for the use of the Commonwealth, a XII. EVERY eftate in lands which fhall hereafter be granted, conveyed, or devised to one, although other words heretofore neceflary to transfer an ef tate of inheritance be not added, fall be deemed a fee-fimple, if a lefs eftate be not limited by express words, or do not appear to have been granted, conveyed, or devised by construction or operation of Law. b XIII. WHERE an eftate hath been, or fhall be by any conveyance limited in remainder to the fon or daughter, of or to the ufe of the fon or daughter of any perfon, to be begotten, fuch fon or daughter born after the decease of his or her father, fhall take the eftate in the fame manner as if he or she had been born in the lifetime of the father, although no eftate fhall have been conveyed to fupport the contingent remainder after his death. b XIV. BY deed of bargain and fale, or by deeds of leafe and release, or by covenant to ftand feized to ufe, or deed operating by way of covenant to ftand feized to ufe, the poffeffion of the bargainor, releafor, or covenantor, fhall be deemed heretofore to have been, and hereafter to be transferred to the bargainee, relealee, or perfon entitled to the ufe, for the eftate or interest which fuch perfon hath, or fhall have in the ufe, as perfectly as if fuch bargainee, releafee, or perfon entitled to the ufe had been enfeoffed, with livery of feizin of the land intended to be conveyed by fuch deed or covenant. b XV. ESTATES of every kind holden or poffeffed in truft, fhall be fubject to like debts and charges of the perfons to whofe ufe, or for whofe benefit they were, or shall be, respectively holden or poffeffed, as they would have been fubject to, if thofe perfons had owned the like intereft in the things holden or poffeffed, as they own or fhall own in the ufes or trufts thereof. b XVI. WHERE any perfon to whofe ufe, or in truft for whose benefit another is or fhall be feized of lands, tenements, or hereditaments, hath or fhall have fuch inheritance in the ufe or truft, as that if it had been a legal right, the hufband or wife of fuch perfon would thereof have been entitled to curtefy or dower, fuch husband or wife fhall have and hold, and may by the remedy proper in fimilar cafes, recover curtefy or dower of fuch lands, tenements, or hereditaments. b 1792. Such eftates may be dif pofed of by will or deed, debts in the fame manand fhall be fubject to ner as estates in fee-fim ple. Every eftate conveyed or devifed to be deemed a fee-fimple unless a lefs eftate be limited. When contingent remainder thail be good, although there be no in termediate eftate.. By what conveyance Trust estates subject to debts and charges as if intereft in the thing the perfon held the like holden, as in the ufe thereof. Truft eftates fabject to dower and curtefy. attornments. XVII. GRANTS of rents, or of reverfions, or remainders, fhall be good Grants of rents, reverand effectual without attornments of the Tenants, but no Tenant who, before fions, &c. good without notice of the grant, fhall have paid the rent to the grantor, shall fuffer any damage thereby, b XVIII. THE attornment of a Tenant to any ftranger fhall be void, unlefs it be with confent of the Landlord of fuch Tenant, or pursuant to, or in confequence of the judgment of a Court of Law, or the order or decree of a Court of Equity. 6 XIX. ALL conveyances by Commissioners and Sheriffs hereafter to be made for lands fold in virtue of any decree or judgment of any Court within this Commonwealth, fhall be, and they are hereby declared to be good and effectual, for paffing the abfolute title of fuch lands to the purchasers thereof, and all perfons claiming under them, any Law to the contrary notwithstanding; faving to the Commonwealth, and to all and every perfon and perfons, bodies politic and corporate, their respective heirs and fucceffors, other than the parties to fuch conveyances, decrees or judgments, and those claiming under them, all fuch right, title, intereft and demand, as they, every or any of them, would have had in 'cafe this A&t had not been made. When attornment to a ftranger fhall be void. Conveyances by commiffioners and theriffs under decrees and judg ments of courts effectu al for paffing the title XX. ALL and every Act and Afts, claufe and claufes of Acts, contain- Repealing clause. ing any thing within the purview of this Act, fhall be, and the fame are hereby repealed. Provided nevert elefs, That nothing herein contained fhall be construed to affect any right which may have accrued, or been vetted before the commencement of this A&. XXI. THIS Act fhall commence in force, from and after the paffing Commencement of this thereof. 'a&t. Who may difpofe of their lands and tenements by will. CHAP. XCI. An Act reducing into one, the feveral A&s concerning the Manner of authenticating Foreign Deeds, Records, and other Inftruments in Writing. I. [Paffed the 8th of December, 1792.] WHEREAS the intercourfe between this State and the other States Win the Union, and between this State and Foreign Nations, has be come more confiderable than heretofore, which renders it neceffary that fome mode should be adopted, to give authenticity to deeds and certain other inftruments in writing, foreign judgments, fpecialties on record, registers of births and marriages, made, executed, entered into, given and enregistered by and between perfons refiding in any of the United States, or in any Foreign Kingdom, State, Nation, or Colony, beyond fea, and out of the jurifdiction of this State: a II. BE it enacted by the General Affembly, That all fuch deeds, if acknowledged by the party making the fame, or proved by the number of witneffes requifite before Court of Law, or the Mayor, or other Chief Magiftrate of any any City, Town, or Corporation of the Country in which the party shall dwell, certified by fuch Court, or Mayor, or Chief Magiftrate, in the manner fuch acts are ufually authenticated by them; and all policies of infurance, charter parties, powers of attorney, foreign judgments, fpecialties on record, registers of births and marriages, as have been, or fhall be made, executed, entered into, given and enregistered in due form, according to the Laws of fuch State, Kingdom, Nation, Province, Island or Colony, and attefted by a Notary Public, with a teftimonial from the proper Officer of the City, County, Corporation, or Borough, where fuch Notary Public shall refide, or the great Seal of fuch State, Kingdom, Province, Ifland, Colony, or Place beyond fea, shall be evidence in all the Courts of Record within this Commonwealth, as if the fame had been proved in the faid Courts. b III. ALL and every Act, claufe and claufes of Acts, coming within the purview of this Act, fhall be, and the fame are hereby repealed. Provided always, that nothing in this Act contained, fhall be conftrued in any manner to alter the method of taking and certifying the privy examination of any feme couert, or in any other respect to alter or repeal the Act, intituled, "An A& for regulating Conveyances." IV. THIS Act shall commence in force, from the paffing thereof." CHAP. XCII. An A reducing into one, the feveral acts concerning Wills, the Diftribution of [Paffed the 13th of December, 1792.] BE it enacted by the General Assembly, That every perfon aged twenty I. one years or upwards, being of found mind, and not a married woman, shall have power at his will and pleasure, by laft will and testament in writing, to devife all the eftate, right, title, and intereft in poffeffion, reverfion or remainder, which he hath, or at the time of his death shall have, of, in, or to lands, tenements or hereditaments, or annuities or rents charged upon, or ifDevifes of lands or te fuing out of them, fo as fuch laft will and teftament be figned by the teftator, nements must be in or by fome other perfon in his presence, and by his direction; and moreover, if not wholly written by himself, be attefted by two or more credible witnesses fubfcribing their names in his prefence II. SAVING to the widows of teftators their dower in fuch lands, tenements, rents, or annuities, according to the Laws, which fhall not be prejudiced by any devise thereof. c III. NO devife fo made, or any clause thereof, shall be revocable but by the Teftator's deftroying, cancelling, or obliterating the fame, or caufing it to be done in his prefence, or by a fubfequent will, codicil, or declaration in writing made as aforefaid. But every laft will and teftament, made when the Teftator had no child living, wherein any child he might have is not provided for, or mentioned, if at the time of his death he leave a child, or leave his wife enfeint (a) 1787, ch. 21, fec. 4, 5. (b) 1785, ch. 62. 1787, ch. 21. (c) 1785, <b> 61, fec. 1, 2. 1792. IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 161 of a child, which shall be born, fhall have no effect during the life of fuch after born child, and shall be void, unless the child die without having been married, or before he or the shall have attained the age of twenty-one years. When A pofthumous child a Teftator fhall leave children born, and his wife enfeint, the pothumous child pretermitted in his faor children, if it be unprovided for by fettlement, and be neither provided for nor difinherited, but only pretermitted by the laft will and teftament, shall fucceed to the fame portion of the father's eftate, as fuch child would have been entitled to, if the father had died inteftate; towards raifing which portion, the devifees and legatees fhall contribute proportionably, out of the parts devised and bequeathed to them by the fame will and teflament.a IV. NO perfon under the age of eighteen years, fhall be capable of difpofing of his chattels by will. a ther's will, to have the fame portion of his eftate as if he had died intestate. No perfon under the age of 18 to dispose of his chattels by will. Rules concerning nun V. NO nuncupative will fhall be eftablished, unless it be made in the time of the last fickness of the deceased at his habitation, or where he hath refided cupative wills. for ten days next preceding, except where the deceafed is taken fick from home, and dies before he returns to fuch habitation; nor where the value exceeds thirty dollars, unless it be proved by two witneffes, that the Teftator called on fome perfon prefent to take notice or bear teftimony that fuch is his will, or words of the like import. a VI. AFTER fix months have elapfed from the time of fpeaking the pre- Where they fhall not be tended teftamentary words, no teftimony fhall be received to prove a nuncupa- of force. tive will, unless the teftimony, or the fubftance thereof, fhall have been committed to writing within fix days after making the will. a VII. NO will in writing, or any devife therein of chattels, fhall be revoked by a fubfequent will, codicil, or declaration, unless the fame be in writing. a VIII. ANY foldier in actual military service, or any mariner or feaman being at fea, may difpofe of his chattels as he might heretofore have done. a t IX. IF any perfon fhall fubfcribe his name as a witness to a will wherein any bequest is given to him, if the will may be not otherwife proved, the bequest fhall be void, and fuch witnefs fhall be allowed and compellable to appear, and give teftimony on the refidue of the will, in like manner as if no fuch bequeft had been made. But if fuch witness would be entitled to any fhare of the Teftator's eftate in cafe the will were not established, so much of his faid fhares fhall be faved to him, as fhall not exceed the value of the legacy bequeathed him. a How devifes of chattels may be revoked. Soldiers and feamen may difpofe of their chattels as heretofore. Where bequests to the witneffes shall be void. X. THE feveral Diftrist, County, or Corporation Courts, fhall have power District and county to hear and determine all caufes, matters, fuits and controverfies tellementary, courts may take proof of arifing within their refpective jurifdictions, and to examine and take the proof wills, and grant adminiof wills, and grant certificates thereof, according to the methods and rules fol- ftrations. lowing; that is to fay: If any Teftator fhall have a manfion-house, or known place of refidence, his will fhall be proved in the Court of the District, County, or Corporation, wherein fuch manfion-house, or place of refidence is; if he have no fuch place of refidence, and lands be deviled in the will, it shall be proved in the Court of the District, County, or Corporation, wherein the lands lie, or in one of them where there fhall be lands in feveral Districts or Counties; and if he hath no fuch known place of refidence, and there be no lands devised, then the will may be proved, either in the Court of the District, County, or Corporation where the Teftator fhall die, or that wherein his cftate, or the greater part thereof, fhall be; or fuch will may in any cafe, be proved in the General Court, a XI. WHEN any will Thall be exhibited to be proved, the Court having Probat to be received jurisdiction as aforefaid, may proceed immediately to receive the probat there- when the will is exhibitof, and grant a certificate of fuch probat: If however, any perfon interested, ed. interested within feven years thereafter. fhall within feven years afterwards appear, and by his bill in Chancery conteft But the validity there of the validity of the will, an iffue fhall be made up, whether the writing produc- may be contested by any ed be the will of the Teftator or not, which fhall be tried by a Jury, whose verdict shall be final between the parties; faving to the Court a power of grant. ing a new trial for good caufe, as in other trials; but no fuch party appearing within that time, the probat fhall be forever binding: Saving alfo to infants, (a) 1785, ch. 61, fec. 3, 4, 5, 6, 7, 8, 9, 10. + Soldiers and feamen avere authorised to make nuncupative wills by flar's 29, char. 2, c. 3 and 5, W. 3, c. 21, which were confidered as never in force in this country-Quere therefore the effect of this claufe--Vide x B. 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