Will.

(q) Burt. Comp. pl. 118-436; Coventry, Conveyancers' Evi-dence, 275, 276; Welcomev. Upton, 6 M. ft \V. 536, 540, 542; Moulton v. Edmonds, 1 De G. F. ft J. 246, 248; Bristow v. Cormican, 3 App. till. 663, 668-670; Van Diemon's land Co. v. Table Cape Marine Board, 1006, A. C. 92, 99. The production from the proper custody, that is, the landlord's, of a lease expired at a time beyond living memory is sufficient evi-dence of seisin, without proof of enjoyment thereunder; Clarkson v. Woodhouse, 5 T. R. 412, n. (r) Above, p. 140.

(s) Doe d. Daniel v. Coulthred, 7 A. & E, 235, 239; Dot d. Welsh v. Langfield, 16 M. ft W. 497, 514; Taylor, Evidence, Sec. 618, 5th ed.

(t) Burt. Comp. pl. 429.

(u) Bubback, Evidence, 131: 1 Dart, V. ft P. 334, 5th ed.; 6th ed.. 183, 7th ed.: above, p. 104.

Coventry, Evidence, 91, 93 . Sug. V. & P.

414: 1 Dart, V. & P. 319, 5th ed.; 362, 6th ed.; 358, 7th ed. At common law, the probate copy of a will of personalty was conclusive evidence of the contents of the will: Allen v. Dundas, 3 T. R. 125; but to prove a devise of real estate, production of the original will (whether proved or not) was required. The probate of a will is now admissible as evidence of a devise of real estate uuder the conditions specified in stat. 20 & 21 Vict. c. 77, ss. 62, 64, 65: Taylor, Evidence, Sec. 1565a, b, and c, 5th ed.; Barraclough v. Greenhough, L. R. 2 Q. B. 612.

(y) Originally there was no jurisdiction to grant probate of a will dealing only with real estate;

1 Wms. Exors. pt. i. bk. iv. ch. ii.

P. 389, 7th ed.: In the Good* of Tomlinson, 6 P. D. 209; In the Goods of Hornbuckle, 15 P. D. 149.

But by the Land Transfer At.

1897, stat. 60 & 61 Vict. c. 65, s. l. probate may be granted in reapect of real estate only where the testator has died on or after the 1st January, 1898.

W

(z) Sug. V. & P. 414.

(a) Above, pp. 116 - 119.

(b) See Wins. Real Prop. 245, 21st ed.

(c) Coventry, Conveyancers' Evidence, 91, 93-95.

(d) Stat. 7 Will. IV. & 1 Vict, c. 26, s. 9; see Wms. Pers. Prop. 438, 16th ed.

(e) As to the evidence required on probate, see 1 Wms. Exors. pt. i. bk. iv. ch. ii. Sec. 3; Wms. Pers. Prop. 449, 450, 16th ed.