During the Anglo-Saxon period of English history, it was possible to dispose not only of personal property, but also of real property held as boc-land. After the Norman Conquest the right of disposing of real property by will was entirely taken away for the time.

1 1 Jannan on Wills, page 18. 2 Gardner on Wills, Sec. 1.

3 2 Blackstone's Commentaries, 499. 4 Schauler on Wills, Sec. 1.

"Strictly speaking, however, the right to devise real property was first exercised after the Norman Conquest with reference to term of years. Next, uses became devisable, and so continued for a long time. Then by the Statute of Uses (27 Henry VIII, c. 10), these uses being turned into legal estate became incapable of devise, and consequently the necessity arose of providing some other means for enabling the people to exercise their customary rights.

"The Statute of Wills (32 Henry VIII, c. 1) was therefore passed. But this only extended to a portion of the estate, viz., two-thirds of the land held in chivalry or by military tenure, and the whole of the lands held in socage. This was affected by 12 Charles II, c. 24, which abolished military tenure, and turned all tenure into free and common socage, the result being that a man can now devise all his land. By 29 Charles II, c. 3, certain restrictions were placed upon the form of a testament of real property, three witnesses being required to attest it." 5

The power of disposing of real property by will exists in all of the United States. This right exists, however, solely as the result of statutory provisions on the subject.6

5White's Outlines of Legal History, page 192.

6 Gillis vs. Weller, 10 Ohio, 462.