Page:United States Statutes at Large Volume 31.djvu/562

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

510 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 736. 1900. any rents or profits issuing therefrom, and every charge upon lands, goods, or things in action, or upon the rents or profits thereof, made with the intent to hinder, delay, or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts, or demands, and every bond or other evidence of debt given, action commenced, decree or judgment suffered, with the l1ke intent, as against the persons so hindered, delayed, or defrauded shall be void. _ _ _ G¤*~!¤¤f ****5* *° ‘*° Sec. 131. Every grant or assignment of any existing trust in lands, in writing. . . . · . . goods, or things in action, unless the same shall be in writing, subscribed by the party making the same, or by his agent lawfully authorized, shall be void. _ ,.§{}“;‘§,;$,‘;{"{,i’{;L‘}°°s SEG- 132- Every conveyance, charge, instrument, or proceeding declared by law to be VO1d as against the creditors, purchasers, or mortgagees shall be equally void as against the heirs, successors, personal representatives, or assigns of such creditors, purchasers, or mortgag°°S· . . . . . F*¤¤d“l°¤“°°°“*° Sec. 133. The question of fraudulent intent IH all cases arising question of fact. . . . . under the provisions of this code shall be deemed a question of fact, and not of aw. P¤r¤¤¤¤¢*·Wh¤¤¤°* Sec. 134. The provisions of chapters thirteen, fourteen, and fifteen affected. . . , . . . of this t1t.e shall not be construed in any manner to affect or 1mpa1r the title of a purchaser for a valuable consideration unless it shall appear that such purchaser had previous notice of the fraudulent intent o his immediate grantor, or o the fraud rendering void the title of such grantor. _ _ tDe¤¤i¢i¤¤ of mes- Sec. 135. The term "lands" as used in chapters thirteen, fourteen, ° °' and fifteen of this title shall be construed as coextensive in meaning with “lands, tenements, and hereditaments," and the term "estate an interest in lands ” shall be construed to embrace every interest, free- , hold, and chattel, legal and equitable, present and future, vested and contingent in lands as above defined. _ Definition of ¤¤¤- Sec. 136. The term " conveyance," as used in chapters thirteen, fourv°””°°°' teen, and fifteen of this title shall be construed to embrace every instrument in writmglexcept a last will and testament, whatever may be its form and by w atever name 1t may be known in law, by which any estate or interest in lands is created, allened, assigned, or surrendere . CHAPTER FIETEEN. OF THE DISPOSITION OF PROPERTY BY WILL. Sec. Sec. 137. Dis osition of property by will. 151. Copies of foreign wills. 138. Will, how executed. 152. Foreign will, how contested. 139. When will revoked by marriage and 153. Devisee or legatee may prove. birth of issue. 154. When such witness to have share of 140. Marriage of woman revokes will. estate. 141. Bond, etc., to convey property de- 155. If sufhcient other witnesses, devises vised. may take. . 142. Charge or incumbrance upon prop- 156. Creditor may be witness. erty devised. 157. Legatee, how made competent. 143. Children, etc., to have portion of 158. Deceased legatee, when deemed legal estate. witness. _ 144. Effect of advancement. 159. Legatee, when not entitled to legacy. 145. \Vhen issue of deceased devisee to 160. Estate for life, remainder in fee. take estate. 161. When fee passes. 146. Canceling of second will, when to 162. Contribution among legatees. - revive first. _ 163. Definition of will. 147. Mariner or soldier may dispose of 164. Construction of wills. wages. _ 165. Life estate by will with remainder to 148. Nuncupative will. _ heirs. 149. Probate of nuncupative will. 166. When will must be in writing. 150. Law of the place, when to govern 167. How written will may berevoked or and when ·not. altered. egwgygge °* P*'°P‘ Sec. 157. Every person of twenty-one years of age and upwards, of sound mind, may by last w1ll devise all his or her property, real or