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IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 159 1792.
be die strued to restrain any Tenant of such lands or flaves, from selling or conveying posed of by will or deed,
and shall be subject to the same by deed in his or her lifetime, or disposing thereof by his or her lait
debts in the same manwill and testament, and that all such eitates shall remain liable to the debts of
ner as estates in fee-fimche Tenants in the same manner as lands and flaves held in fee-simple: Pro- ple. vided moreover, that this A& shall not extend to any lands or flaves which have been escheated and sold for the use of the Commonwealth, a
XII. EVERY estate in lands which shall hereafter be granted, conveyed, Every eftate conveyed or or devised to one, although other words heretofore necessary to transfer an ef- devised to be deemed : tate of inheritance be not added, fall be deemed a fee-simple, it a less estate be fees sample unless a less
estate be limited. not limited by express words, or do not appear to have been granted, conveyed, or devised by conitruction or operation of Law. b
XIII. WHERE an eftate hath been, or thall be by any conveyance limited When a contingent ree in remainder co the son or daughter, of or to the use of the son or daughter mainder Mall be good, of any person, to be begotten, such son or daughter born after the decease of his although there be no in
cermediate eftate.. or her father, thall take the estate in the same manner as if he or she had been born in the lifetime of the father, although no estate thall have been conveyed to support the contingent remainder after his death. 6
xiv. BY deed of bargain and sale, or by deeds of lease and release,' or by By what conveyancer covenant to stand seized to use, or deed operating by way of covenant to stand the puffeffion of the seized to use, the postellion of the bargainor, releafor, or covenantor, shall be grantor shall be transfer
red to the grantee withideemed heretofore to have been, and hereafter to be transferred to the bar
out livery of leisen. gainee, relealee, or person entitled to the use, for the estate or interest which luch person hath, or shall have in the use, as perfectly as if such bargainee, releasee, or person entitled to the use had been enfeoffed, with livery of seizin of the land intended to be conveyed by fuch deed or covenant. 6
XV. ESTATES of every kind holden or possessed in truft, shall be subject Truft estates fubject to to like debts and charges of the persons to whose use, or for whose benefit debts and charges as if
the person held the like they were, or shall be, respectively holden or possessed, as they woald have been
interest in the thing subject to, if those persons had owned the like interest in the things holder or holden, as in the use poffefTed, as they own or shall own in the uses or trufts thereof. 6
thereof. XVI. WHERE any person to whose use, or in trust for whose benefit ano- Trult estates fobject co ther is or shall be seized of lands, tenements, or hereditaments, hath or shall dower and curtesy. have fuch inheritance in the use or trust, as that if it had been a legal right, the huiband or wife of such person would thereof have been entitled to curtesy or dower, such husband or wife shall have and hold, and may by the remedy proper in similar cafes, recover curtesy or dower of such lands, tenements, or hereditaments. b
XVII. GRANTS of rents, or of reversions, or remainders, shall be good Grants of rents, reverand effectual without attornments of the Tenants, but no Tenant who, before fions, &c.good without notice of the grant, shall have paid the rent to the grantor, shall suffer any
damage thereby. 6
XVIII. THE attornment of a Tenant to any stranger shall be void, un- When attornment to a less it be with consent of the Landlord of such Tenant, or pursuant to, or in stranger thall be void. consequence of the judgment of a Court of Law, or the order or decree of a Court of Equity, 6
XIX. ALL conveyances by Commissioners and Sheriffs hereafter to be made Conveyances by comfor lands sold in virtue of any decree or judgment of any Court within this miflisners and heriff's
under decrees and indge Commonwealth, shall be, and they are hereby declared to be good and effec
ments of courts effectu. tual, for pafing the absolute title of such lands to the purchafers thereof, and al for palling the cities all persons claiming under them, any Law to the contrary notwithstanding; saving to the Commonwealth, and to all and every person and persons, bodies politic and corporate, their respective heirs and fucceffors, other than the parties to such conveyances, decrees or judgments, and those claiming under them, all such right, title, interelt and demand, as they, every or any of them, would have had in case this Act had not been made.
XX. ALL and every Act and Acts, clause and clauses of Acts, contain- Repealing clduse ing any thing within the purview of this Act, fhall be, and the same are hereby repealed. Provided nevert: elejs, That nothing herein contained thall be confrued to affect any right which may bave accrued, or been veited before the commencement of this i&.
XXI. THIS Act thall commence in force, from and after the passing Commencement of this thereof.
CHAP. XCI. An Ad reducing into one, the several Aas concerning the Manner of authenticating Foreign Deeds, Records, and other Inftruments in Writing.
(Passed the 8th of December, 1792.] I. HEREAS the intercourse between this State and the other States
come more considerable than heretofore, which renders it necesary that some mode should be adopted, to give authenticity to deeds and certain other instruments in writing, foreign judgments, fpecialties on record, registers of births and marriages, made, executed, entered into, given and enregistered by and between persons residing in any of the United States, or in any foreign Kingdom, State, Nation, or Colony, beyond sea, and out of the jurisdiction of this
State: a How foreigo deeds & II. BE it enacted by the General Asembly, That all such deeds, if acknow. other instruments of ledged by the party making the same,
or proved by the number of witnesses re. be thenticated to be ado quilite before any Court of Law, or the Mayor, or other Chief Magiflrate of nitted as evidence.
any City, Town, or Corporation of the Country in which the party shall dwell, certified by such Court, or Mayor, or Chief Magistrate, in the manner such acts are usually authenticated by them; and all policies of insurance, charter parties, powers of attorney, foreign judgments, specialties on record, regifters of births and marriages, as have been, or fhall be made, executed, entered into, given and enregistered in due form, according to the Laws of such State, Kingdom, Nation, Province, Illand or Colony, and attested by a Notary Public
, with a testimonial from the proper Officer of the City, County, Corporation, or Borough, where such Notary Public shall reside, or the great Seal of such State, Kingdom, Province, INand, Colony, or Place beyond sea, shall be evidence in all the Courts of Record within this Commonwealth, as if the fame had been
proved in the said Courts. 6 Repealing classe. III. ALL and every Act, clause and clauses of Acts, coming within
the purview of this Act, shall be, and the same are hereby repealed. Procied Provisos
always, that nothing in this Act contained, shall be conitrued in any manner to alter the method of taking and certifying the privy examination of any femre cevert, or in any other respect to alter or repeal the Act, intituled, “ An AB
for regulating Conveyances.” Commencement of this IV. THIS Act shall commence in force, from the passing thereof. act.
the duty of Executors and Administrators.
[Passed the 13th of December, 1792.) Who may dispose of
E it enacted by the General Afsembly, That every person aged twentytheir lands and tencments by will. man, shall have power at his will and pleasure, by lait will and testament in
writing, to devise all the estate, right, title, and interest in poffefion, reverfor or remainder, which he hath, or at the time of his death shall have, of, in, or to
lands, tenements of hereditaments, or annuities or rents charged upon, or ilDevises of lands or te- suing out of them, fo as such laft will and teftament be signed by the tesator
; Demeprs must be in
or by some other person in his presence, and by his direction; and moreover, if writing Hon to be attested.
not wholly written by himself, be attested by two or more credible witnesses
subscribing their names in his presence is Saving to widows their
II. SAVING to the widows of testators their dower in such lands, tene: dower.
ments, rents, or annuities, according to the Laws, which ihall not be prejudiced
devise thereof. How such devises may
III. NO devise so made, or any clause thereof, shall be revocable but by the be revoked.
Testator's destroying, cancelling, or obliterating the same, or causing it to be
done in his presence, or by a tubsequent will, codicil, or declaration in writing A will made when the made as aforesaid. But every last will and testament, made when the Tettator teftator had no children had no child living, wherein any child he might have is not provided for, of not to affect those born mentioned, if at the time of his death he leave a child, or leave
his wife enfeine alterwards,
(a) 1787, ch. 21, sec. 4, 5. (6) 1985, ch. 62. 1787, ch. 21. («) 1785, che 61, fec. 1, 2.