Page:Ruffhead - The Statutes at Large - vol 7.djvu/432

 412 C. 6. Anno tice{imo quinto Georgii II. A. D. 1752. fuch Will or Codicil, every fuch Creditor, notwithftanding fuch Charge, fliall be admitted as a Witnefs to the Execution of fuch Will or Codicil, within the Intent of the faid Aft. l..Ratee who l,.s HI. And h:: it further enaaed" by the Authority aforefald, That if any Perfon hath attefted ;he Execu- ftaii' S'nfe his *'°'^ "^ ^"V ^^'" 9'' Codlril already made, or fliall atteft the Execution of any Will or Codicil which fhall L-g.icy, adnjatedbe made o^n or before the faid twenty-fourth Day of June in the Year of our Lord one thoufand feven hi:n- a Wicaas. dred and fifty-two, to whom any Legacy or Bequeft is or faall be thereby given, whether charged upon Lands, Tenements or Hereditaments or not; and fuch Perfon, before he fliall give his Teftimony concern- ing the Execution of any fuch Will or Codicil, fhall have been paid, or have accepted or releafcd, or fiiall have refufed to accept fuch Legacy or Bequcll:, upon Tender made thereof; fuch Perfon fhall be admitted ss a Witnefs to the Execution of fuch Will or Codicil, within the Inicnt of the faid Acl, "notv.'ithftanding fuch Legacy or Bequefl. ^fter Rcfural, IV. Provided always, and be it further cnafted, That in cafe of fuch Tender and Refufal as aforefaid, thVuglcy -'ruT u"^^ Perfon fhall in no wife be intitled to fuch Legacy or Bequeft, but (hall be for ever afterwards barred after Accept'ance, '^"crefrom ; and m cafe of fuch Acceptance as aforefaid, fuch Perfon fhall retain to his own Ufe the Legacy be may retain the or Bequeft which fliall have been fo paid, fatisfied or accepted, notwithftanding fuch Will or Codicil fhall fume, tho- the afterwards be adjudged or determined to be void for want of due Execution, or for any other Caufe or V.'ill void. JJefeCt whatfoever. ^nfdvinTindfj • ^- ^^^^ ^"^ '^ ^""^^'" enafted, That in cafe any fuch Legatee as aforefaid, who hath attefled the Execu- Life-timeoithe "On of any Will or Codicil already made, or fliall atteft the Execution of any Will or Codicil which fliall be Teftator, or be- made On or before the faid twenty-fourth Day of June in the Year of our Lord one thoufand feven hundred 'e he Ihall have received or releafed lave refiifed to receive fuch Legacy iimicaavu- /-, ,tr-ii ' ^ ,••, •,- '— t,„.^- -..-.. ^^, „ legal Witncfs to the Exscutlon o'f nefs. *"cn Will or Codicil, within the Intent of the faid Act, notwithftanding fuch Legacy or Bequeft. Creditor the VI. Provided always. That the Credit of every fuch ^Vitncfs fo attefting the Execution of anv ^Vi!! or ■Wjtnds to be Codicil, in any of the Cafes in this Aft before-mentioned, and all Circumftances relating thereto, fliall be ihe'coun &f k! ]f 1 ^° Confideration and Determination of the Court, and the Jury, before v/hom any fuch Witnefs ' ' i^''^n-°'^ examined, or his Teftimony or Atteftation made ufe of; or of the Court of Equity, in which the 1 eftiinony or Atteftation of any fuch Witnefs fliall be made ufe of; in like Manner, to all Intents and ""JP/*^' ^s the Credit of WitnefTes in all other Cafes ought to be confidered of and determined. «he?'Ih'"rDe-'ife v/ And be It further enafted by the Authority aforefaid, That no Perfon to whom any beneficial isirldevoid.'^&c. f^' J^j^*"^"' ^'^'^ °"^ Appointment fliall be given or made, which is hereby enacted to be null and void being examined ' ^^ ? i !?' .F"" ^'^° ^^ ^^^^ refufed to receive any fuch Legacy or Bequeft, on Tender made as aforefaid, to the Execution a»d vvho (hall have been examined as a Witnefs concerning the Execution of fuch Will or Codicil, flball, flu atVrwards ^^ ,"^^^1' ^^ve been fo examined, demand or take PofTeflion of or receive any Profits or Benefit of or from t"ke any Benefit f-"^--f ^^'^^ Intereft:, Gift or Appointment fo given or made to him, in or by any fuch Will or or Compcniiuion ^^^'Cil 5 Or deiiiand, receive or accept from any Perfon or Perfons whatfoever, any fuch Legacy or Bequeft, for ihe lame. o ^^Y satisfaction Or Compenfation for the fame, in any Manner or under any Colour or Pretence vvhat- locver. Cafo where the VIII. Provided always, and be it cnafted by the Authority aforefaid, That this AQ. or any Thing herein Id Com eMc'^°"'-"w^'^^ "r?' ••^"'^ *"" ^^ conftrued to extend to the Cafe of any Heir at Law, or of any Devifee in of v/itrciTes'j a7e '*■ ^'^p'^ )/ "' T V""^'"! of the fame Teftator, executed and attefted according to the faid recited Act, or notaffefted.' ^"^ rcrlon claiming under them lefpeclively, who has been in quiet PofTeflion for the Space of two Years next preceding the fixth Day of Afay in the Year of our Lord one thoufand feven hundred and fifty-one, ^^/°ir"^i ".'^^' '^'^'^^'"^nts and Hereditaments, whereof he has been in quiet PolTeffion as aforefaid; 2^.. p'° ^^t 5"'^ A£t or any Thing herein contained, fhall not extend or be conftrued to extend, to any VViil or Codicil, the Validity or due Execution whereof hath been contefted in any Suit in Law or Equity commenced by the Heir of fuch Devifor, or the Devifee in any fuch prior Will or Codicil, for recovering the J^ands, 1 enements or Hereditaments mentioned to be devifed in any Will or Codicil fo contefted, r"- "if In - ^!7^^' °' ^'^'^ obtaining any other Judgment or Decree relative thereto, on or before the faid iixtn Day of A^ay in the Year of our Lord one thoufand feven hundred and fiftv-one, and which has been already determined m favour of fuch Heir at Law, or Devifee in fuch prior Will or Codicil, or any Per- lon ciaiming under them refpeftively, or which is ftill depending, and has been prolecuted with due DiU- gence ; but the Validity of every fuch Will or Codicil, and the Competency of the Witnefles thereto, inall be adjudged and determined in the fame Manner, to all Intents and Purpofes, as if this Ad had never „ ^ -. ,. ^ Tv™D '•?"y 7 '^'"S herein before contained to the contrary thereof in any wife notwithftanding. PoffeffiomwhKh lA l^rovided always neverthelefs, and it is hereby declared. That no Poftbflion of any Heir at Law, or hended within ^^^."'^6 in fuch prior Will or Codicil as aforefaid, or of any Perfon claiming under them refpeaivcly, the iWcwin? of ^'^'■^^ '^ condftent with, or may be warranted by or under any AVill or Codicil attefted according to the the preceding ""c Intent and Meaning of this Aft, or where the Eftate defcended or might have defcended to fuch Heir CUufe. at i.aw, till a future or executory Devife, by virtue of any Will or Codicil attefted according to this Adt, Ihould or might take Effeft, fhall be deemed to be a Poifefllon within the Intent and Meaning of the Clauk herein laft before contained. ^ ' A. And wliereas in (bme of the Brit!/I] Colonies or Plantations iii Jmerica, the f.iid Aft of the ^ lembly have been made, wherebv the Atteftation and Subfcription of Witnefl"es to Devifes of Lands, Te- nements and Hereditaments have been required :' Therefore, to prevent and avoid Doubts which may arife in
 * ^^'-'"fy-"'"^" '' ear of the Reign of King Charles the Second, has been received for Law, or Ads of Af-