Page:Black's Law Dictionary (Second Edition).djvu/1236

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WILL

ment. McDaniel v. Johns. 45 Miss. 641. And see Jasper v. Jasper, 17 Or. 590, 22 Pac. 1-52;

Leathers v. Grecnncre, 53 e. 567: (’n\'er St (37 Did. 4-ll), 10 All. 231, 1 Am. St. Ilcp. 4-Ob: George v. Gncn, 13 N H. 534: In '

Harrison‘s Estate, 196 Pa. 576. -16 Atl. S8 Bnyley v. Bailey, 5 Cush. (M: s.) 2-19: Rea, v. Stanley. 11 Les (Tenn.) 2324: Lane v. Hill,

0 63 N. II. 398, 4-1 At]. 597; Conklin v. Egerton, 21 Wend. (N. Y.) 436.

A will, when it operates upon personal pro}-r erty. is sometimes milled a "testament," and when upon real estate, a “devis ," but the more general and the more popular denomination of

the instrument embracing equally rcal and personal estate is that at "iast a ill and testament." 4 Kent, Comm. Ji0l.

In criminal law. The power of the mind which directs t.he action of a man.

In Scotch practice. That part or clause 0 of a process which contains the mandate or

command to the officer. Bell.

—sAmbuls.tory will. A changeable will (ambulutaria voluntw), the pbiase denoting the power which a tesiaiur pOS‘¢l:‘&'eS of

wiil during his life-time. See Izlatte ‘ sett, 50 N. J. Eq. 577. 25 All. 33...—Donhle will. See DoIJnLa.—}‘.state at will. This estate entities the grantee or lessee to the possession of land during the pleasure of both the grnntor and himself. yet it creates no sure or durable right, and is bounded by no deflnjte

limits as to duration. It must be at the reciprocal will of both parties, (for, if it he at the wili of the lessor only, it is a lease for life,) and the dissent of either determines it. Whar tion.—Ho1ogra1ihio will. One written entire ly by the to-stator with his own hand.—Mutun1 wi . See TESTAMENT.—Nnncupative will.

See that t.itle.—Statuta of wills. {{anchor+|.|ACT, infra.

See WiI.Ls

WILLA. In Hindu law. The relation between a master or patron and his freedmau, and the relation between two persons who

had made a reciprocai testamentary contract. “marten.

WILLFUL. Proceeding from a conscions motion of the will; intending the result which actually comes to pass; designed: in-

tentional; malicious.

A willful difters essentially from a negligent act. The one is positive and the other negative. Intention is always separated from negligence by a precise llne of demarlmtion. Sturrn v. At- lantic l\lnt. Ins. 00., 38 i\'. Y. Super. Ct. 317.

W In common parlance, "willful" is used in the sense of "intentional," as distinguished from "acciilentnl" or “involuntary.” But language of a statute afixing a punishment to acts done willfully may be restricted to such acts done with on nniiiwful intent. U. S. v. Boyd (C. C.) -15 Fed. 855; State v. Clark, 29 N. J. Law, 96.

WILLFITLLY. Intentionally. In charging certain offenses, it is required that they should bs stated to be willfully done. Archb. Grim. P1. 51, 58; Leach. 556.

WILLS ACT. In England. 1. The statute 32 Ben. VIII. c. 1, passed in 1540, hy which persons selsed in fee-simple of lands holden in socage tenure were enabled to devise the same at their will and pleasure, ex- cept to bodies corporate; and those who held

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WISBY, LAWS OF

estates by the tenure of chivalry were enabled to devise two-third parts thereof.

2. The statute 7 Wm. IV. S: 1 Vict. C 26, passed in 1837, and also called "Loni Lang- dzile's Act." This act pernuts of the disposition by will of el(3l‘_Y kind of interest in real and personal estate, and provides that sil wills, whether of real or of peisonal estate. shall be attested 'by two witnesses, and that such attestation shall he suliicicnt. Other important alterations are effected by this statute in the law of wills. Mozley a: “bit- ley.

WINCHESTER MEASURE The stand- ard measure of England, oiiginally kept at Winchester. 1 Bl. Comm. 274.

WINCHESTER, STATUTE OF. A Suitute passed in the thirteenth year of the reign of Edward 1., by which the old Saxon law of police was enforced, with niiiny additional provisions. 2 Reeve, Eng. Law, 163; Crabb, Hist. Eng. Law, 1S9.

WINDING UP. The name applied in England to the process of settling the accounts and liquidating the assets of a parc- nersiiip or company, for the purpose of making distribution and dissolving the concern.

WINDING-UP ACTS. In English law. General acts of parliament, regulating seitlement of corporate afloirs on djssoiution.

WINDOW. An opening made in the wali

of a house to admit light and air, and to furnish a view or prospect. The use of this won! in law is chiefly in connection with the doctrine of ancient lights and other rights of adjacent owners. —Window tax. A tax on windows, levied on houses which contained more than six \iill.l- dows, and were WOl'l.ll more than £5 per annum; established by St. 7 Wru. IlL c. 13. St. 14 Sr 15 lict. c. 36, suhstituted for this tax I tax on inhabited houses. Wharton.

WINDSOR FOREST. A royal forest founded by Henry VIII.

WINTER CIRCUIT. An occasional cir- cuit appointed for the tiiai of prisoners, in England, and in some cases of civil causes, between liiichaelmas and Hilary terms.

WINTER HEYNING. The season between llth November and 23d April, which is excepted from tile liberty of comnioning in certain forests. St. 23 Car. II. c. 3.

WVISBY, LAWS OF. The name g'i\en to a code of maritime laws promulgated at Wisby, then the capital of Gothland, in Sweden. in the latter part of the thirteenth century. This conipilatiou resembled the laws of Oleron in many respects, and was early adopted, as a system of sea laws, by the com-

mercial nations of Northern Europe. It