It is enacted according to 7 Wm. iv. and i Viet. c. 26, s. 9, that no Will shall be valid unless it be in writing, and signed at the foot or end thereof by the testa- tor in the presence of TWO or more wit- nesses, who must be present at the time of signing; and such witnesses must attest and subscribe the Will in the pre- sence of the testator. By a subsequent statute, it is enacted, as regards the posi- tion of the signature, that if the signature to the Will shall be so placed at or after, or following, or under, or beside, or op- posite to the end of the Will, and it be apparent on the face of the Will that the testator intended to give effect by such his signature to the writing signed as his Will, that then it shall be suffi- cient ; but no signature which precedes any part of the Will shall be effective, nor shall it give effect to any disposition or direction inserted after the signature is made, 15 and 16 Viet. c. 24. To prevent disputes and litigation after the death of the testator, he should take care to place his signature at the foot or end of the Will ; and in the pre- sence of two or more witnesses, who should sign their names and residences at the time and in the presence of the testator. No seal is now required to a Will. Every thing should be written in words at full length ; abbreviations not being lawful. No Will made by a minor {under 21 years), is now valid. A Will has no operation until the death of the testator. Technical words are not necessary, simpler the language used the better. The person who makes the Will is called the testator, but if made by a female she is called the testatrix. If the testator is wishful to make a change in the disposal of his property in his Will, be can add thereto a codicil ; viz. * ‘ A codicil to my Will, the said Will bearing the date,” &c. and must be signed in the presence of two or more witnesses. It is usual to appoint two executors although one is sufficient, the name and residence of each executor should be given in full, viz., “I appoint John Edwards, of Nine, Silver Street, London and Benjamin Moorhouse, of Six, Mil- ton Place, Birmingham, executors of this my Will." An executor may be a legatee under the Will. When it is the intention to leave all the property to one individual, for ex- ample, a wife or child, the Will should read : — “I devise and bequeath all my estate and effects, real and personal, which I die possessed of or entitled to, unto my wife, Elizabeth Martin, absolutely.” The following is a simple form of Will : ‘‘This is the Will of me, James Stewart, of Myrtle Grove, Manchester, in the county of Lancashire. I give and devise all my estate and effects, real and personal, of which I may die possessed or be entitled to, unto my only son, Charles James Stewart, absolutely, and I appoint my said son executor of this my Will, and I hereby revoke all former wills and codicils. Dated this fifth day of June, One Thousand Eight Hundred and Eighty-three. Signed by the testator' (or testatrix) in the joint presence of us who thereupon signed our names in his (or her) and each others presence. John Edwards of Nine, Silver Street, London. E.C. Benjamin Moorhouse of Six, Milton Place, Birmingham. Where the disposition of the property is complicated, it is better to employ some respectable solicitor to draw up the form of Will.

AI-modernized reading of the original text

It is enacted according to 7 Wm. iv. and i Viet. c. 26, s. 9, that no Will shall be valid unless it be in writing, and signed at the foot or end thereof by the testator in the presence of TWO or more witnesses, who must be present at the time of signing; and such witnesses must attest and subscribe the Will in the presence of the testator. By a subsequent statute, it is enacted, as regards the position of the signature, that if the signature to the Will shall be so placed at or after, or following, or under, or beside, or opposite to the end of the Will, and it be apparent on the face of the Will that the testator intended to give effect by such his signature to the writing signed as his Will, that then it shall be sufficient ; but no signature which precedes any part of the Will shall be effective, nor shall it give effect to any disposition or direction inserted after the signature is made, 15 and 16 Viet. c. 24. To prevent disputes and litigation after the death of the testator, he should take care to place his signature at the foot or end of the Will ; and in the presence of two or more witnesses, who should sign their names and residences at the time and in the presence of the testator. No seal is now required to a Will. Every thing should be written in words at full length ; abbreviations not being lawful. No Will made by a minor {under 21 years), is now valid. A Will has no operation until the death of the testator. Technical words are not necessary, simpler the language used the better. The person who makes the Will is called the testator, but if made by a female she is called the testatrix. If the testator is wishful to make a change in the disposal of his property in his Will, be can add thereto a codicil ; viz. * ‘ A codicil to my Will, the said Will bearing the date,” &c. and must be signed in the presence of two or more witnesses. It is usual to appoint two executors although one is sufficient, the name and residence of each executor should be given in full, viz., “I appoint John Edwards, of Nine, Silver Street, London and Benjamin Moorhouse, of Six, Milton Place, Birmingham, executors of this my Will." An executor may be a legatee under the Will. When it is the intention to leave all the property to one individual, for example, a wife or child, the Will should read : — “I devise and bequeath all my estate and effects, real and personal, which I die possessed of or entitled to, unto my wife, Elizabeth Martin, absolutely.” The following is a simple form of Will : ‘‘This is the Will of me, James Stewart, of Myrtle Grove, Manchester, in the county of Lancashire. I give and devise all my estate and effects, real and personal, of which I may die possessed or be entitled to, unto my only son, Charles James Stewart, absolutely, and I appoint my said son executor of this my Will, and I hereby revoke all former wills and codicils. Dated this fifth day of June, One Thousand Eight Hundred and Eighty-three. Signed by the testator' (or testatrix) in the joint presence of us who thereupon signed our names in his (or her) and each others presence. John Edwards of Nine, Silver Street, London. E.C. Benjamin Moorhouse of Six, Milton Place, Birmingham. Where the disposition of the property is complicated, it is better to employ some respectable solicitor to draw up the form of Will.

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