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A50674 The touchstone of wills, testaments, and administrations being a compendium of cases & resolutions touching the same : carefully collected out of the ecclesiastical, civil and canon-laws, as also out of the customs, common laws, and statutes of this kingdom / by G. Meriton ... Meriton, George, 1634-1711. 1668 (1668) Wing M1811; ESTC R11357 81,710 267

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be such as are not prohibited in that behalf 6. The Witnesses must see and behold the Testator and not hear him onely and the Witnesses also must seal the Testament either with their own or the seal of some other And lastly the Testament must be finished at one time without any Intermission except natural such as cannot be avoided And if any of these particulars be wanting then it is reputed for a solemn Testament but here in England we are not necessarily tyed to observe this strict form of making our Testaments 5. For with us it is sufficient if the Testator do appoint his Executor and declare his Will before two or three Witnesses whose probation of the same as concerning the appointment of an Executor or disposing of Goods and Chattels is good enough ● and such a Testament is called an unsolemn Testament Lyndwood in C. Statut. verb. Probatis lib. 3. Provincial Const Cant. Brac. lib. 1. c. 16. Swin part 1. Sect. 3. and part 4. Sect. 24. Glan l. 7. C. 6. 6. But if the Testator devise any Lands Tenements or Hereditaments then the Testament must be in writing and done in the life-time of the Testator and approved by him for his Will before his death except in some special Cases See the next Chapter Num. 37. 32 H. 8. cap. 5. Noy's Maximes p. 97. Swin part 1. sect 11. part 4. sect 25. 7. Also if a man pleaseth he may make his Testament in writing wherein he disposes of his Goods and Chattels only and may also use the testimony of more Witnesses then two and procure them to subscribe their names to every sheet of the Testament which is very safe and may prevent many forgeries Swin part 1. sect 10. num 4. 8. The most usual form of Wills and Testaments with us The form of a Testament or ●ast Will. here in England is after this manner In the name of God Amen The tenth day of April 1667. in the nineteenth year of the Reign of our most gracious Soveraign Lord King Charls the Second of England c. I Peter Style of B. in the County of York Gent. being sick and weak in Body but of sound and perfect memory thanks be to Almighty God for the same And calling to mind the uncertain state of this transitory life and that all flesh must yield unto death when it shall please God to call and being desirous to settle things in order do make this my last Will and Testament wherein is contained my last Will and Testament in manner and form following revoking and absolutely annulling by these presents all and every Testament and Testaments A special Revocation of a former Will See the next Chapter Num. 34. Will and Wills heretofore by me made and declared either by word or by writing notwithstanding any promise to the contrary or Clause derogatory in the same And this to be taken only for my last Will and Testament and none other First I bequeath my Soul to Almighty God my Maker and to Jesus Christ my Redeemer and to the Holy Ghost my Sanctifier and my Body to the Earth from whence it came to be huried in such decent and Christian manner as to my Executors shall be thought meet and convenient there to rest until my Soul and Body shall meet again and be joyned together at the joyful Resurrection and be made partakers of the never-fading joys of immortality which God in mercy through the merits of Jesus Christ alone hath promised and prepared for all those that truly and unfeignedly repent and believe in him And touching such Temporal Estate of Goods Chattels and De●ts as the Lord hath been pleased far above my deserts to bestow upon me I do order give bequeath and dispose the same in manner and form following Imprimis I give and bequeath unto my Son Henry Style when he shall attain the age of one and twenty years the sum of Forty pounds of Observe the difference between these two Bequests In the first Case nothing is due till the age of 21 years but it is otherwise in the second Case for there it may be recovered by the Executors or Administrators of the Childe though he die before the age of 21 years lawful mony of England to be paid to him by mine Executors hereafter named Item I give and bequeath to my Son Thomas Style Forty pounds of like money to be paid to him by my said Executors when he shall attain the age of one and twenty years Item I give c. And lastly I make constitute ordain and appoint my deare and well beloved Wife Mary Style sole Executrix of this my last Will and Testament to whom I bequeath all the remainder of my Goods and Chattels moveable and immoveable after the satisfaction of my Debts and payment of the Legacies above by me bequeathed And to her care and tuition also I leave all my Children and I do A clause whereby the tuition of the Testators Children is committed to the Executor hereby nominate appoint my said Wife Tutrix to them and every of them until such time as they shall severally attain their ages of one and twenty years In witness whereof I have hereunto set my hand and seal the day and year first above written Peter Style 9. But no man is tyed to observe this or any other set form in the making of his Will for it skills not how it be drawn so as the Testators meaning can but be found out neither is it material whether the Testament be written in parchment or paper or the like stuff apt for writing nor what Language the same be written in either Latine Greek French or any other Tongue nor whether the same be written in Secretary Roman or Court-hand or any other hand so that the same may be but read and understood nor is it material with what Notes or Characters the same be made as XX s. for twenty shillings CL l. for an hundred and fifty pounds 1590 for one thousand five hundred and ninety with such like or the Figure 1 instead of the Letter A. or 2 instead of the Letter B. c. or some other more strange Characters yet it is good enough if the same by any means can be but read and understood unless the same Writing be but only a Preparation to the Testament and not the Testament it self for then in such Case though the same may be read and understood yet it is of no force and the party shall be said to dye Intestate Michael Grass Thesaur com opinion sect Test Quest 10. Swin part 4. sect 25. numb 2 3 4 5 6. Justinians Inst l. 2. Tit. de Test ordinandis numb 12. 10. Words and Sentences also are not of necessity required for the form of a Testament but onely for the expressing of the will and meaning of the Testator and therefore if the Scribe omit some words by Error whereby the sence is imperfect As for Example