KFLCC Kingdom Law 2nd Ed.

1228

WILL

WISBT, LAWS OF

ment McDaniel v. Johns, 45 Miss. 641. And see Jasper v. Jasper, 17 Or. 590, 22 Pac. 152; Leathers v. Greenacre, 53 Me. 567; Cover v. Stem, 67 Md. 449, 10 Atl. 231, 1 Am. St. Rep. 406; George v. Green, 13 N. H. 524; In re Harrison's Estate, 196 Pa. 576, 46 Atl. 888; Bayley v. Bailey, 5 Cush. (Mass.) 249; Reagan v. Stanley, 11 Lea (Tenn.) 324; Lane v. Hill, 63 N. H. 398, 44 Atl. 597; Conklin y. Eger ton, 21 Wend. (N. Y.) 436. A will, when it operates upon personal prop erty, is sometimes called a "testament," and when upon real estate, a "devise;" but the more general and the more popular denomination of the instrument embracing equally real and per sonal estate is that of "last will and testament." 4 Kent, Gomm. 501. In criminal law. The power of the mind which directs the action of a man. In Scotch practice. That part or clause of a process which contains the mandate or command to the officer. Bell. —Ambulatory -will. A changeable will (am bulatorta voluntas), the phrase denoting the power which a testator possesses of altering his will during his life-time. See Hattersley v. Bis sett, 50 N. J. Eq. 577, 25 Atl. 332.—Double will. See DOUBLE.—Estate at will. This estate entitles the grantee or lessee to the pos session of land during the pleasure of both the grantor and himself, yet it creates no sure or durable right, and is bounded by> no definite limits as to duration. It must be at the re ciprocal will of both parties, (for, if it be at the will of the lessor only, it is a lease for life,) and the dissent of either determines it. Whar tion.—Holographic will. One written entire* ly by the testator with his own hand.—Mutual will. See TESTAMENT.—Nuncupative will. See that title.—Statute of wills. See WILLS ACT, infra. WILLA. In Hindu law. The relation be tween a master or patron and his freedman, and the relation between two persons who had made a reciprocal testamentary contract, Wharton. WILLFUL. Proceeding from a conscious motion of the will; intending the result which actually comes to pass; designed; in tentional ; malicious. A willful differs essentially from a negligent act. The one is positive and the other negative. Intention is always separated from negligence by a precise line* of demarkation. Sturm v. At lantic Mut. Ins. Co., 38 N. Y. Super. Ct. 317. In common parlance, "willful" is used in the Sense of "intentional," as distinguished from "accidental" or "involuntary." But language of a statute affixing a punishment to acts done willfully may be restricted to such acts done with an unlawful intent. U. S. v. Boyd (C. O.) 45 Fed. 855; State v. Clark, 29 N. J. Law, 96. "WILLFULLY. Intentionally. In charg ing certain offenses, it is required that they should be stated to be willfully done. Archb. Crim. PI. 51, 58; Leach, 556. WILLS ACT. In England. 1. The stat ute 32 Hen. VIII. c. 1, passed in 1540, by which persons seised in fee-simple of lands holden in socage tenure were enabled to de vise the same at their will and pleasure, ex cept to 4 bodies corporate; and those who held

estates by the tenure of chivalry were eft* abled to devise two-third parts thereof. 2. The statute 7 Wm. IV. & 1 Vict c. 29, passed in 1837, and also called "Lord Lang dale's Act." This act permits of the disposi tion by will of every kind of interest in real and personal estate, and provides that all wills, whether of real or of personal estate* shall be attested by two witnesses, and that such attestation shall be sufficient Other important alterations are effected by thia statute in the law of wills. Mozley & Whit ley. WINCHESTER MEASURE. The stand ard measure of England, originally kept at Winchester, l Bl. Comm. 274. WINCHESTER, STATUTE OF. A Stat ute passed in the thirteenth year of the reign of Edward I., by which the old Saxon law of police was enforced, with many addition al provisions. 2 Reeve, Eng. Law, 163; Crabb, Hist. Eng. Law, 189. WINDING UP. The name applied in England to the process of settling the ac counts and liquidating the assets of a part nership or company, for the purpose of mak ing distribution and dissolving the concern. WINDING-UP ACTS. In English law. General acts of parliament, regulating set tlement of corporate affairs on dissolution. WINDOW. An opening made in the wall of a house to admit light and air, and to furnish a view or prospect The use of this word 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 win dows, and were worth more than £5 per an num; established by St 7 Wm. III. c. 18. St 14 & 15 Vict c. 36, substituted for this tax a tax on inhabited houses. Wharton. WINDSOR FOREST. A royal forest founded by Henry VIII. WINTER CIRCUIT. An occasional cir cuit appointed for the trial of prisoners, in England, and in some cases of civil causes, between Michaelmas and Hilary terms. WINTER HEYNING. The season be tween 11th November and 23d April, which is excepted from the liberty of commoning in certain forests. St. 23 Car. II. c. 3. WISBY, LAWS OF. The name given to a code of maritime laws promulgated at Wisby, then the capital of Gothland, in Swe den, in the latter part of the thirteenth cen tury. This compilation 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