The Mirror of Literature, Amusement, and Instruction - Volume 19, No. 544, April 28, 1832 by Various
page 41 of 48 (85%)
page 41 of 48 (85%)
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will _previously_ made is rendered void by such conviction, both as
respects real and personal estate. The law respecting _felons_ is the same, unless it be worth recording that a remarkable exception exists in favour of Gavelkind lands, which, even though the ancestor be hanged, are not forfeited for felony. _Bachelors' Wills._--Without any express revocation, if a man who has made his will, afterwards _marries, and has a child or children_, his will, made while a bachelor, will be presumptively _revoked_, both as regards real and personal estate, and he will be pronounced to have died intestate. The law presumes that it must be the natural intention of every man to provide for his wife and offspring before all others, and, consequently, in such a case, apportions his property according to the Statute of Distributions. But the fact of a marriage alone, _without a child_, is no revocation; and though both facts conjoin to revoke the will, yet such revocation is only on the presumption that the testator _could not have intended_ his will to remain good. If, on the other hand, from expressions used by him, and other proof, it be made to appear unquestionable that it was his intent that his will _should_ continue in force, the marriage and birth of children will not revoke it. _Paraphernalia of a Widow._--These are defined to be "such goods as a wife is, after her husband's death, allowed to retain in preference to all creditors and legatees; as necessary wearing apparel, and jewels, if she be of quality; and whether so or not, all such ornaments of the person, as watches, rings, and trinkets, as _she used to wear_ in her husband's life-time. Under the term 'wearing apparel' are included whatsoever articles were given to her by her husband for the purpose of being made up into clothes, although he may have died before they were |
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