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§ 146. Of the Execution of Deeds.

A deed may be made by the grantor himself or by his duly authorized attorney. When the grantor is unable to read, the deed should be read to him before its execution, though a grantor is always presumed to know the contents of his deed, and cannot avoid it after delivery, except for fraud practised upon him in procuring it.

Read 2 Bl. Comm., pp. 304-308.

4 Cruise Dig., Tit. xxxii, Ch. ii, § 72.

3 Wash. R. P., B. iii, Ch. iv, Sec. 2, §§ 12, 13,

17, 18.

§ 147. Of the Delivery of Deeds.

an

The estate passes by the delivery of the deed, and unless the deed be delivered during the lifetime of the grantor it will be of no effect. But the delivery may be made either to the grantee himself, or to some third person with instructions to deliver the deed to the grantee upon the ful-scrow. filment of some condition, or at some future time, or at the death of the grantor; and, when it is finally delivered to the grantee and accepted by him, the delivery is regarded by law as having taken place at the date of its delivery to the third person by the grantor.

Read 2 Bl. Comm., p. 307.

4 Cruise Dig., Tit. xxxii, Ch. ii, §§ 80–92.

4 Kent Comm., Lect. lxvii, pp. 454–456.

Will. R. P.,

p. 138.

3 Wash. R. P., B. iii, Ch. iv, Sec. 2, §§ 20–46 a.

§ 148. Of a Will of Lands.

The instrument, by which one individual conveys to another an estate in real property, to take effect after the death of the former, is called a will A will devising lands

must be in writing, and signed by the testator. In nearly all the States, it must be witnessed by persons who subscribe their names, as such witnesses, in the testator's presence. In some of the States, it must also be sealed. The testator, at the time the will is made, must be of the age required by the law of the State; must be of sufficient mind and memory to understand the nature of his property, the proper objects of his bounty, and the character of the act in which he is engaged; and must not be under legal disability.

Read 2 Bl. Comm., pp. 376-379, 496-503.

6 Cruise Dig., Tit. xxxviii, Ch. i, §§ 10, 13–15; Ch. ii, §§ 2, 6, 7, 10, 12; Ch. v, §§ 2, 4,

6-9, 14.

4 Kent Comm., Lect. lxviii, pp. 501, 505, 513-520. Will. R. P., pp. 186-190.

3 Wash. R. P., B. iii, Ch. vi, §§ 1–16.

1 Redfield Wills, Ch. iv, v, vi.

§ 149. Of the Revocation of Wills.

A will may be revoked by the testator, during his lifetime, either by destroying it, or by making a later will containing words of revocation, or by his marriage and the birth of a child. The devise of specific property is also revoked, if the testator alienate such property before his death.

Read 2 Bl. Comm., p. 376.

6 Cruise Dig., Tit. xxxviii, Ch. vi, §§ 1, 3, 39, 53, 77.

4 Kent Comm., Lect. lxviii, pp. 520-534.

Will. R. P., pp. 191-194.

3 Wash. R. P., B. iii, Ch. vi, §§ 32-42.

1 Redfield Wills, Ch. vii.

§ 150. Of the Construction of Wills.

A will is construed according to the intent of the testator, and, in order to do this, courts will sometimes change the words of the will, by substituting one for the other. The construction is also made upon the entire will, not merely upon disjointed parts of it, and where there are two clauses, repugnant to each other, the latter will control.

Read 2 Bl. Comm., pp. 379-382.

6 Cruise Dig., Tit. xxxviii, Ch. ix, §§ 1–12, 15, 18,

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§ 151. Of Devisable Estates.

The owner of any estate in fee-simple, whether legal or equitable, may by devise dispose of his whole estate, or create lesser estates out of it at his pleasure. The estates

so created vest immediately on the death of the testator, and, when the will is admitted to probate, it relates back to that event.

Read 2 Bl. Comm., p. 502.

6 Cruise Dig., Tit. xxxviii, Ch. i, § 18; Ch. iii, §§ 1

5, 7.

4 Kent Comm., Lect. lxviii, pp. 510-513.

3 Wash. R. P., B. iii, Ch. vi, §§ 19, 31.
1 Jarman Wills, Ch. iv.

CHAPTER XI.

OF ESTATES IN PERSONAL PROPERTY.

§ 152. Of Chattels.

Chattels Real. Chattels Personal.

Personal property is also known as chattels. Chattels, as to their legal character, are of two kinds: Chattels Real, and Chattels Personal. A chattel real is a personal estate in real property, and is so called because the estate is a chattel, though the property be real. A chattel personal is any property whatever, except real property or some estate therein.

Read 2 Bl. Comm., pp. 384-388.

Will. R. P., pp. 1-3.

2 Kent Comm., Lect. xxxv, pp. 340–342.

§ 153. Of Chattels Personal.

in Action.

Choses in Possession and

Chattels personal are commonly called choses, and are of two kinds : Choses in Possession, and Choses in Action. A chose in possession is a chose of which the owner has the actual possession and enjoyment. A chose in action is a chose, to the possession of which the owner has a right, and yet of which he has not the actual possession. It is so called because an action, or suit at law, may be necessary in order to reduce it into actual possession. The amount of money due by one man to another on a debt, and the damages to which the injured party is entitled on a breach of contract, are instances of choses in action. The same name, chose in action, is, however, frequently applied

to the incorporeal right of the creditor to collect his debt, and to the right of the promisee to damages against the promisor. By a still greater latitude of speech, it is sometimes used to denote the written evidences of these incorporeal rights, such as bills, notes, bonds, and other instruments.

Read 2 Bl. Comm., pp. 389, 397.

Will. P. P., pp. 4–6, 9, 148.

2 Kent Comm., Lect. xxxv, p. 351.

§ 154. Of Estates in Chattels Personal.

Estates in chattels personal are of two kinds : Absolute and Qualified. An absolute estate in chattels personal is such an estate as cannot be lost without the act or default of the owner. A qualified estate in chattels personal is such an estate as may be lost without the act or default of the owner. Most estates in chattels personal are absolute estates.

Read 2 Bl. Comm., p. 389.

2 Kent Comm., Lect. xxxv, p. 347.

§ 155. Of Qualified Estates in Chattels Personal.

The liability of an estate in chattels personal to be lost, without the act or default of the owner, arises either from the nature of the chattel itself, or from the existence of other estates in the same chattel. Certain kinds of per sonal property are, in their very nature, incapable of absolute ownership. Such are the elements of air, light, and water, and animals feræ naturæ. These belong to a man while they are in his actual possession, but, in the course of nature or by their own volition, they may escape from him, and when they do so his estate in them is gone. Other kinds of personal property are capable of absolute

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