This section is from the book "Real Property, An Introductory Explanation Of The Law Relating To Land", by Alfred F Topham. Also available from Amazon: The New Law Of Property.
S. 11. Provided always that any soldier being in Actual
Military Service or any Mariner or Seaman being at Sea may dispose of his Personal Estate as he might have done before the making of this Act.
S. 15. If any person shall attest the execution of a will to whom or to whose wife or husband any beneficial devise legacy estate interest gift or appointment of or affecting any real or personal estate (other than and except charges and directions for the payment of any Debt or Debts) shall be thereby given or made such devise legacy estate interest gift or appointment shall so far only as concerns such person attesting the Execution of such will or the wife or husband of such person or any person claiming under such person or wife or husband be utterly null and void and such person so attesting shall be admitted as a Witness to prove the execution of such will or to prove the validity or invalidity thereof notwithstanding such devise legacy estate interest gift or appointment mentioned in such will.
S. 18. Every will made by a man or woman shall be revoked by his or her marriage (except a will made in exercise of a power of appointment when the real or personal estate thereby appointed would not in default of such appointment pass to his or her heir customary heir executor or administrator or the persons entitled as his or her next of kin under the statute of distributions).
S. 20. No Will or codicil or any part thereof shall be revoked otherwise than as aforesaid or by another Will or codicil executed in manner hereinbefore required or by some writing declaring an intention to revoke the same and executed in manner in which a will is hereinbefore required to be executed or by the burning tearing or otherwise destroying the same by the Testator or by some person in his presence and by his direction with the intention of revoking the same.
S. 24. Every will shall be construed with reference to the real estate and personal estate 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 by the will.
S. 25. Unless a contrary intention shall appear by the will such real estate or interest therein as shall be comprised or intended to be comprised in any devise in such will contained which shall fail or he void by reason of the death of the devisee in the lifetime of the Testator or by reason of such devise being-contrary to law or otherwise incapable of taking effect shall be included in the residuary devise (if any) contained in such will. S. 28. Where any real estate shall be devised to any person without any words of limitation such devise shall be construed to pass the fee simple, or other the whole estate or interest which the Testator had power to dispose of by will in such Real Estate unless a contrary intention shall appear by the Will.
S. 32. Where any person to whom any real estate shall be devised for any estate tail or an Estate in quasi entail shall die in the lifetime of the Testator leaving Issue who would be inheritable under such entail and any such issue shall be living at the time of the Death of the Testator such Devise shall not lapse but shall take effect as if the death of such person had happened immediately after the death of the Testator unless a contrary intention shall appear by the Will.
S. 33. Where any person being a child or other issue of the Testator to whom any real or personal estate shall be devised or bequeathed for any estate or interest not determinable at or before the death of such person shall die in the lifetime leaving issue and any such issue of such person shall be living at the time of the death of the Testator such devise or bequest shall not lapse but shall take effect as if the death of such person had happened immediately after the death of the testator unless a contrary intention shall appear by the Will.
1845. 8 & 9 Vict. c. 106. Beat Property Amendment Act.
S. 8. A contingent remainder existing at any time after the 31st day of December 1844 shall be and if created before the passing of this Act shall be deemed to have been capable of taking effect notwithstanding the determination by forfeiture surrender or merger of any preceding estate of freehold in the same manner in all respects as if such determination had not happened.
1845. 8 & 9 Vict. c. 112. Assignment of Satisfied Terms Act.
S. 1. Every satisfied term of years which either by express declaration or by construction of law shall upon the 31st day of December 1845 be attendant upon the inheritance or reversion of any lands shall on that day absolutely cease and determine as to the land upon the inheritance or reversion whereof such term shall be attendant as aforesaid except that every such term of years which shall be so attendant as aforesaid by express declaration although hereby made to cease and determine shall afford to every person the same protection against every incumbrance charge estate right action suit claim and demand as it would have afforded to him if it had continued to subsist but had not been assigned or dealt with after the said 31st day of December 1815 and shall for the purposes of such protection be considered in every court of law and of equity to be a subsisting term.
S. 2. Every term of years now subsisting or hereafter to be created becoming satisfied after the said 31st day of December 1815 and which either by express declaration or by construction of law shall after that day become attendant upon the inheritance or reversion of any lands shall immediately upon the same becoming so attendant absolutely cease and determine as to the land upon the inheritance or reversion whereof such term shall become attendant as aforesaid.