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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1863 edition. Excerpt: ...no evidence adduced that the deed or the scroll of it was read to the testator. A husband cannot by his testament prejudice the jus relictce, or a father the legitim, nor can he, after being seized with his last illness, bestow the society goods in such a way as to diminish the shares of his widow and children. In Jervey v. Watts, 7th January 1762, legitim was found due to a posthumous child, and claimable by such child's executors, notwithstanding a general disposition in favour of the widow. A testament in favour of strangers is ineffectual, if the maker of it have children after it is made, by the rule si sine liberis, Rule si sine unless the testament be preserved after the existence of the children, llberu in which case it will be effectual excepting as to legitim, Yule v. M. 6400. Yule, 20th December 1758. Here a party took bonds payable to him-See infra, self, and failing him to his brother. Having afterwards married and p' 499' had children, he died two years after the birth of the first without changing the destination in the bonds. The brother was preferred to the children. As a general disability we may notice the Thelusson Act, 39 & 40 Geo. in. cap. 98, which annuls every direction by will Thelusson Act, or other deed to accumulate annual proceeds of property for a longer 9 & 49gGeo' time than until twenty-one years after the testator's death, or during the minority or respective minorities of a person or persons living at the testator's death. There is an exception of heritable property in Scotland from the operation of this Act, but the exception is repealed by the 41st section of the Entail Amendment Act, 11 & 12 Vict. cap. 36, so that the accumulation of the produce and profits of heritable and moveable property...