The right of owner of land to dispose of it by will is a comparatively late addition to the common law. This right of willing away land, while existing in England during the Anglo-Saxon period, was taken away at the time of the Norman Conquest. The statute of Wills (1540) gave to landowners the power of alienation by will of all land held in socage and two-thirds of the land held in chivalry. In 1660 all distinction between estates in chivalry and socage were swept away and a landowner thus acquired the complete right to dispose of all of his land by will.10

Wills disposing of real estate must be in writing, and various formalities in the making of wills are provided by the statutes of the various states.11 The validity of a will so far as it concerns any particular piece of real property is determined by the law of the place where the land is situated.

The title to lands devised rests in the devisee immediately upon the death of the testator.