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It seems to be the better opinion, and that of the majority of decisions, that a written paper drawn up by the testator or under his direction, but inadmissible as a holographic will, cannot be proved as a nuncupative will. (Stamper v. Hooks, 22 Ga. 603; 68 Am. Dec. 511; Hebden's Will, 20 N. J. Eq. 478.) As to all wills but holographic, and in states where holographic wills are not allowed, the requirement that a will be duly witnessed is now as applicable to those of personalty as to those devising land.

(93) The principal points of their office and duty, page 507.

In every state of the Union the law regulating the disposal of decedents' estates has been the subject f more minute statutory provisions than other parts of the private law. To refer to all these, wherever they modify anything said by Blackstone in this condensed statement of the common law, would be a great task, and add to the bulk of the volume a mass of references, only the least fraction of which would be useful to any one reader. Moreover, any question of real importance affected by a statutory change must be answered, not only from the section or clause that makes it, but from a consideration of the purpose and spirit of all the changes made in that state; and therefore such limited references would be likely to mislead as often as they helped.

The same criticism cannot be made of the very full notes that most previous editors have added, pointing out the important modifications of the English law since Blackstone's time; most of which have found more or less acceptance here, and have therefore been copied, literally or in substance, in the American editions. Perhaps it will be thought a defect in this edition that I have omitted them here and elsewhere; but my own experience with students convinced me

2 BLACKST.-68.

long ago that such notes drew their attention away from the text, and were a serious obstacle to that careful continuous reading and digestion of Blackstone's system which it deserves: which, in fact, is the chief object for which the book is put into their hands. The addition of this or that recent rule or decision to their memory is dearly bought at the cost of a clear view of the whole common-law basis of such rules.

APPENDIX.

No. I.

VETUS CARTA FEOFFAMENTI.

Sciant presentes et futuri, quod ego Willielmus, filius Willielmi de Segenho, dedi, concessi,* et hac presenti carta mea confirmavi, Johanni quondam filio Johannis de Saleford, pro quadam summa pecunie quam michi dedit pre manibus, unam acram terre mee arabilis, jacentem in canipo de Saleford, juxta terram quondamn Richardi de la Mere: Habendam et tenendam totam predictam acram terre, cum omnibus ejus pertinentiis, prefato Johanni, et heredibus suis, et suis assignatis, de capitalibus dominis feodi: Reddendo et faciendo annuatim eisdem dominis capitalibus servitia indo debita et consueta: Et ego predictus Willielmus, et heredes mei, et mei assignati, totam predictam acram terre, cum omnibus suis pertinentiis, predicto Johanni de Saleford, et heredibus suis, et suis assignatis, contra omnes gentes warrantizabimus in perpetuum. In cujus rei testimonium huic presenti carte sigillum meum apposui: Hijs testibus, Nigello de Saleford, Johanne de Seybroke, Radulpho clerico de Saleford, Johanne molendario de eadem villa, et aliis. Data apud Saleford die Veneris proximo ante festum sancte Margarete virginis, anno regni regis Edwardi filii regis Edwardi sexto.

(L. S.)

Memorandum, quod die et anno infrascriptis plena et pacifica seisina acre infraspecificate, cum ert entiis, data et deliberata fuit per infranominatum Willielmum e Senho infranominato Johanni de Saleford, in propriis personis suis, secundum tenorem et effectum carte infrascripte, in presentia Nigelli de Saleford, Johannis de Seybroke, et aliorum.

Cd 4 Mason, 70.

[ii] No. II.

A MODERN CONVEYANCE BY LEASE AND RELEASE.

? 1. Lease, or bargain and sale, for a year.

This indenture, made the third day of September, in the twenty-first year of the reign of our sovereign lord George the second by the grace of God king of Great Britain, France, and Ireland, defender of the faith, and so forth, and in the year of our Lord one thousand, seven hundred, and forty-seven, between Abraham Barker of Dale Hall in the county of Norfolk, esquire, and Cecilia his wife, of the one part, and David Edwards of Lincoln's Inn in the county of Middlesex, esquire, and Francis Golding of the city of Norwich, clerk, of the other part, witnesseth; that the said Abraham Barker and Cecilia his wife, in consideration of five shillings of lawful money of Great Britain to them in hand paid by the said David Edwards and Francis Golding at or before the ensealing and delivery of these presents (the receipt whereof is hereby acknowleged), and for other good causes and considerations them the said Abraham Barker and Cecilia his wife hereunto specially moving, have bargained and sold, and by these presents do, and each of them doth, bargain and sell, unto the said David Edwards and Francis Golding, their executors, administrators, and assigns, all that the capital messuage, called Dale IIall in the parish of Dale in the said county of Norfolk, wherein the said Abraham Barker and Cecilia his wife now dwell, and all those their lands in the said parish of Dale called or known by the name of Wilson's farm, containing by estimation five hundred and forty acres, be the same more or less, together with all and singular houses, dove-houses, barns, buildings, stables, yards, gardens, orchards, lands, tenements, meadows, pastures, feedings, com

mons, woods underwoods, ways, waters, water-courses, fishings, privileges, profits, easements, commodities, advantages, emoluments, hereditaments, and appurtenances whatsoever to the said capital messuage and farm belonging or appertaining, or with the same used or enjoyed, or accepted, reputed, taken, or known, as part, parcel, or member thereof or as belonging to the same or any part thereof; and the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits thereof, and of every part and parcel thereof: To have and to hold the said capital messuage, lands, tenements, hereditaments, and all and singular other the premises, herein before mentioned or intended to be bargained and sold, and every part and parcel thereof, with their and every of their rights, members, and appurtenances, [ii] unto the said David Edwards and Francis Golding, their executors, administrators, and assigns, from the day next before the day of the date of these presents, for and during. and unto the full end and term of, one whole year from thence next ensuing and fully to be complete and ended: Yielding and paying therefore unto the said Abraham Barker, and Cecilia his wife, and their heirs and assigns, the yearly rent of one pepper-corn at the expiration of the said term, if the same shall be lawfully demanded: To the intent and purpose, that by virtue of these presents, and of the statute for transferring uses into possession, the said David Edwards and Francis Golding may be in the actual possession of the premises, and be thereby enabled to take and accept a grant and release of the freehold, reversion, and inheritance of the same premises, and of every part and parcel thereof, to them, their heirs, and assigns; to the uses and upon the trusts, thereof to be declared by another indenture, intended to bear date the next day after the day of the date hereof. In witness whereof the parties to these presents their hands

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