No. 128. AN ACT Relating to last wills and testaments. to dispose by SECT. 1. Be it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania in General General right Assembly met, That every person of sound mind, married women excepted, may dispose by will of his or her real es- will. tate, whether such estate be held in fee simple, or for the life or lives of any other person or persons, and whether in severalty, joint tenancy, or common, and also of his or her personal estate. SECT. 2. Provided, That a married woman may, under a Disposal of power legally created for the purpose, dispose of her real or estate by personal estate by will or appointment, in nature of a will, married woand that any married woman may, with the assent or license men. of her husband, dispose of her personal estate by will. SECT. 3. And provided also, That no will shall be effectual unless the testator were at the time of making the same, of the age of twenty-one years, or upwards, at which age the testator may dispose of real as well as personal or mixed property, if in other respects competent to make a will. Age of testa. tor. SECT. 4. Every person competent to make a will as afore- Guardianship said, being the father of any minor child unmarried, may de- of minor vise the custody of such child during his or her minority, or children. for any shorter period. sonal estate. SECT. 5. The emblements or crops growing on lands held Disposal of by a widow in dower, or by any other tenant for life, may be growing disposed of by will as other personal estate, also rents and oth- crops as perer periodical payments accruing to any such tenant for life, or to any other person entitled under the laws of this Commonwealth regulating the descent and partition of real estate, may, so far as the same may have accrued on the day of the death of such tenant, for life, or other person, be disposed of by will in like manner. SECT. 6. That every will shall be in writing, and unless Wills to be the person making the same shall be prevented by the extre- written and mity of his last sickness, shall be signed by him at the end proved on thereof, or by some person in his presence, and by his express oath, &c. direction, and in all cases shall be proved by the oaths or af firmations of two or more competent witnesses, otherwise such will shall be of no effect. SECT. 7. Provided, That personal estate may be bequeath- Of the dispo ed by a nuncupative will, under the following restrictions: sal of person1. Such will shall in all cases be made during the last al ostate by sickness of the testator, and in the house of his habitation or nuncupative dwelling, or where he has resided for the space of ten days or wills, Place of making will. Witnesses to bequests. This act not to affect ma riners at sea, or soldiers in service. Devise of real estate to pass the whole without Estate ac more, next before the making of such will, except where such person shall be surprised by sickness, being from his own house, and shall die before returning thereto. II. Where the sum or value bequeathed shall exceed one hundred dollars, it shall be proved that the testator, at the time of pronouncing the bequest did bid the persons present, or some of them, to bear witness that such was his will, or to that effect; and in all cases the foregoing requisites shall be proved by two or more witnesses who were present at the inaking of such will. SECT. 8. Provided, That notwithstanding this act, any mariner being at sea, or any soldier being in actual military service, may dispose of his moveables, wages and personal estate as he might have done before the making of this act. SECT. 9. That all devises of real estate shall pass the whole estate of the testator in the premises devised, although there be no words of inheritance or of perpetuity, unless it appear by a devise over or by words of limitation or otherwise, words of per- in the will, that the testator intended to devise a less estate. petuity. SECT. 10. That the real estate acquired by a testator after quired after making his will, shall pass by a general devise, unless a coninaking will. trary intention be manifest on the face of the will. SECT. 11. That a devise or bequest by a husband to his wife to bar wife of any portion of his estate or property, shall be deemed dower unless and taken to be in lieu and bar of her dower in the estate of otherwise such testator, in like manner as if it were so expressed in the will, unless such testator shali in his will declare otherwise: Provided, That nothing herein contained shall deprive the widow of her choice either of dower, or of the estate or property so devised or bequeathed. Devise to declared. Proviso. No bar to choice of dower or bequest. Death of SECT. 12. That no devise or legacy in favor of a child or other lineal descendant of any testator, shall be deemed or lineal legatee held to lapse, or become void, by reason of the decease of in life time of such devisee or legatee, in the life time of the testator, if such testator not to devisee or legatee shall leave issue surviving the testator, deprive living but such devise or legacy shall be good and available in favor issue of be of such surviving issue, with like effect as if such devisee or legatee had survived the testator, saving always to every testator the right to direct otherwise. quest. Of repeals SECT. 13. That no will in writing concerning any real esand codicils. tate shall be repealed, nor shall any devise or direction therein be altered, otherwise than by some other will or codicil in writing, or other writing declaring the same executed, and proved in the same manner as is herein before provided, or by burning, cancelling, or obliterating or destroying the same by the testator himself, or by some one in his presence, and by his express direction. SECT. 14. That no will in writing concerning any personal estate shall be repealed, nor shall any bequest or direction therein be altered, otherwise than as is herein before provided in the case of real estate, except by a nuncupative will, made not to repeal Nuncupative under the circumstances aforesaid, and also committed written wills, to writing in the life time of the testator, and after the wri- unless comting thereof read to or by him, and allowed by him, and ved to be so done by two or more witnesses. pro mitted to writing, read, al lowed and proved. SECT. 15. That when any person shall make his last will and testament, and afterwards shall marry or have a child or children not provided for in such will, and die leaving a Widow and widow and child, or either a widow or child or children, al- children of though such child or children be born after the death of their testator marfather, every such person, so far as shall regard the widow, ried and born after making or child or children after born, shall be deemed and construed will to inherit to die intestate, and such widow, child or children, shall be as of an intesentitled to such purparts, shares, and dividends of the estate, tate. real and personal, of the deceased, as if he had actually died without any will. Wills of spinsters an. SECT. 16. That a will executed by a single woman shall be deemed revoked by her subsequent marriage, and shall nulled by not be revived by the death of her husband. marriage. Testators, non residents, Time of ope. SECT. 17. Provided, That nothing in this act contained shall be construed to apply to the disposition of personal estate by a testator whose domicil is out of this Commonwealth. SECT. 18. That this act shall take effect from and after the first day of October next, and so much of any act or acts of Assembly as is hereby altered or supplied, is repealed from Repealing and after the said day, except so far as may be necessary to clause, &c. complete any proceeding commenced before that time. SAM'L. ANDERSON, Speaker of the House of Representatives. THO'S. RINGLAND, APPROVED-The eighth day of April, Anno Domini, eigh ration. teen hundred and thirty-three. GEO. WOLF. No. 129. AN ACT To enable John Christ to exchange certain real estate, and for other purposes. SECT. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That John Christ of the city of Lancaster, guardian minor chil dren of J. Guardian of of Susan, Mary, Rebecca and Sarah Hoffman, minor chil dren of John Hoffman, late of West Donegal township, Lancaster county, deceased, be and he is hereby authorized Hoffman au- to convey to John Smith, junior, of Centreville, in the same county, his heirs and assigns, the following thirteen lots of certain lots in ground in said Centreville, the property of the minors afore thorized to exchange Centreville with John Smith, jr. said, numbered in the plan thereof one hundred and ninetythree, one hundred and ninety-four, one hundred and ninetysix, one hundred and ninety-seven, one hundred and ninetyeight, one hundred and ninety-nine, two hundred and one, two hundred and two, two hundred and three, two hundred and four, two hundred and five, two hundred and six, two hundred and eight, and to receive in exchange therefor by sufficient conveyance to him, the said John Christ, for the use of the minors aforesaid, their heirs and assigns, as tenants in common from him, the said John Smith, junior, and wife, the following twenty lots of ground in the same town, numbered in the plan thereof sixty-five, sixty-six, sixtyseven, sixty-eight, sixty-nine, seventy, seventy-one, seventytwo, seventy-three, seventy-four, one hundred and three; one hundred and four, one hundred and five, one hundred and six, one hundred and seven, one hundred and eight, one hundred and nine, one hundred and ten, one hundred and eleven, one hundred and twelve, and to pay on behalf Payment to and out of the funds of the said minors, to the said Smith, Smith of dif his heirs, executors, administrators or assigns, the sum of one hundred and seventy-five dollars, being the ascertained difference between the value of the thirteen and twenty lots aforesaid: Provided, That the said exchange shall not be valid or binding in law, unless the Orphans' Court of the county of Lancaster shall approve of the said exchange and caster county consider it for the advantage of the said minors, nor until the deed or deeds of conveyance hereby authorized to be made, shall be approved by the said court, after which it shall be as effectual and conclusive upon the persons concerned, as if they had all been of full age at the time of its execution, and had been parties thereto. ference in value. Proviso. Orphans court of Lan to approve of exchange. Guardian of Peter Uhler authorized to convey cer SECT. 2. And be it further enacted by the authority aforesaid, That George Loubach, guardian of Peter Uhler, a minor son of Jacob Uhler, late of Durham township, Bucks county, deceased, be and he is hereby authorized to convey to the board of canal commissioners, for the use of the Commontain property wealth of Pennsylvania, a piece of ground situate in Wilto Comm'th. liams township, Northampton county, the property of said minor, upon which two locks of the Delaware division of the Pennsylvania canal have been erected, together with a lot of ground contiguous thereto, the whole not exceeding in quantity two acres, to be laid off by the engineer or supervisor of the said division. WHEREAS, by the terms of a certain conveyance, dated Preamble to the thirty-first day of December, one thousand eight hundred 3d section. and twenty-three, made by James D. Le Ray de Chaumont to Vincent Le Kay de Chaumont, upon trust for the benefit of his creditors, and also by a decree in the court of Chancery of the state of New York, made in a suit depending in the said court, on behalf of the said creditors against the said trustee, it is provided that such of the said creditors as should entitle themselves to the benefit of the said trust, should be permitted, upon the sale of the trust estates mentioned in the said conveyance, and by the said decree directed to be sold at public auction by the said trustee, to purchase at such'sale, and on such purchases to receive credits to the amount of their respective dividends of the proceeds of the said trust estates, which trust estates are situate partly within this state: And whereas, it is represented to the Legislature on behalf of the said creditors, that most of them reside in foreign countries, and although desirous to avail themselves of the right to purchase, at the said sale, to the extent of their respective shares and dividends of the said trust estates, that they are unable to do so by reason of their alienage, and that great loss and injury will be sustained by such foreign creditors, unless legislative relief in the premises shall be extended to them: Therefore, residents of chase and hold for 15 years certain SECT. S. And be it further enacted by the authority aforesaid, That it shall be lawful for Pierre Joseph De Caters Certain credi] and Jeanne Antoinette his wife, Charles Joseph Geelhand tors of J. D. Delafaille, Jean Joseph Renier Osy, and Jean Joseph Pinson, Le Ray de all of Antwerp, in the kingdom of Belgium, Jean Baptiste Chaumont, Francois de Seran, of Paris, in the kingdom of France, and Antwerp and Honorine Camille Alhenais de Latorer du Pin, and Cesar Paris authorLaurent de Chastellaux and Adelaide Louise Zephyrine de ized to purDamas, his wife, all of the same place, and all other persons being creditors of the said James D. Le Ray de Chaumont, and beneficially interested under the said trust conveyance, property. and also for the heirs or personal representatives of any such creditors, severally to purchase and take any of the lands and premises within this state, which are conveyed by the said trust deed, and to hold the same to them and their heirs, notwithstanding their alienage for the term of fifteen years from the time of the passing of this act: Provided, That all conveyances to be made to such persons respectively Conveyances in pursuance of this act, shall be recorded in the clerk's to be recordoffice of the county in which the said lands may be situate, ed. within one year after the date thereof: And provided fur- 2d proviso. ther, That as to all such of the said lands as shall remain Escheat of property after vested in the said persons or their heirs, after the expiration 15 years. of the said fifteen years, the same shall ipso facto vest in the Commonwealth of Pennsylvania. Proviso. |