Page:United States Reports, Volume 2.djvu/295

 Htorr ¢oua·r or Eaton ann Arruu. zip pollehon of the Telhtrix; and the prefumption, therefore, is, gpg; rzétihe cancelledthewillof rrp, with an intention todie ;,~,`; r ate. , Cr-raw, P ut, delivered his opinion, in terms, in allilrolmanee o?t‘lrd; fentenee of the Rlpgilteis Co;·ft. •Knnr, Cb•¢' '. asbeen no eor precedent cited, which comeggmto this, in all its parts; but there are feveral cafes, which depended upon the lame principle. _' Before the llatute of 29 Car. zrb. 3. 'Wills in England might he revoked by any exprefs words, without  and fo ic was in Pemjylwmiu, until altered by polirive law; but in Eu- glaml, Ence that llatute, and in Pmrwl-.rmri¤, ·Bnee· the a& of Alfembly, of the 4:6 qfAmu, •·eoneer-ning the probate; of written and noncupative Wills, and for confirming devifes of lands,i’ Wills of lamb mult be revoked lrywriting, accompanied - with folernnities fimilar to thofe necellirry for making the Wills. Here, latter Wills of lands, or a writing, revoking a former Will, mull be proved by two or more credible witndles ; and no Yiyfnment, or Will in writing, for pnjml gfnre, can be revo- lctd by umd:. except the fame be committed to writing and read to the teltator, is allowed by him,and proved by two wirnelles at lealt. Belides thefe aé7ual revocations, there are other aéls of the teflcator, which have always been eonlidered at rerocarions, becaufe mrtrury to, or irrmrjifem with, the Will, and evidencing an alteration of intention; as a deed in fee; or aleafe for yearn to the fame dcvifee, to commence after the tekatofs death; a fubfeqoent marriage and birth of a child 5 cancelling, oblitera- ting or deltroying the Will, and fuch like. Thefe are termed, “ implied, ron_/Yrué?i·v¢, or Iegah It|o¢;ti0ns,” and llill {ublill as they were before the af.} of Aflembly, or the llatnte of frauds. Cro. L 49. Cartlr. Sr. But all prefumptive revolutions may be- cncountered by evidence, and rebutted by other circunrllances. Cow]:. 53a Doug. 37. . lt has been often deterrnmed, that a Will, revoked by a {ub- ‘ fcquent Will, but not cancelled, was reaftablillrcd by the can- cellation of the fubfeqnent Will. r S/mn. 537. Show. F. C. r46. 1 Will. 345. 2 Vmr.·]4.r. S. C.- Pm·.Cban.4_;9. S. C. 4. Burr. 2§l2• Coup. 86. ga. Doug. 40. a .BlBl'Ms937• 3 MorL:e4. Ball. 592. 3 Mad. There are, however,l'onre particular circ¤mlIanees,in this cafe, belitlea the general qucltion. lt appears, that the appellant had lived in the neighlmrrhood of the tellatrix when live made the Will of r779; tlrnt the le- yatees in that Will were chiefly the fame as in the prefent, but ome legacies were larger, on account of the money being then. depreciated, and that Oliwr A‘ur.’r:;hn was exprefsly reqneltell by the tciiazrix to tak: care of the Will of 177;, lell. the lull. ' Oo Iiouldi

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