PHI LOS 0 P H Y . - Classic Works of Apologetics Online

Wills. }55
man make his will, devising his freehold estate to
his ~ister's SOD, and the \\~ill be attested by two only,
in~tead of three subscribing witnesses; would the
brother's ~on, \vho is heir at la\v to the testator, be
bound in con~cien(e to re~ign his cI~im to the estate,
out of deference to his llncle's intention? Or, on
the contrar)T, \vciuld not the devi~ee under the will
b~ bound, Upol. di~covery of thi~ flaw in it, to
snrrencler the (:state, suppo~e he had gained possessicln
of it, to t~e heir at law?
f Generally 3peaki:lg, the heir at law is not bound
by th~ i~~en'.ion .of the te~{;ltcr'J For the .intent~on
can sIgmfy nothmg, unles~· di~ per~on mtendmg
have a rir ht to O"o,·ern the ,;dL~~~ei!t of the estate.
tl
b
'[hat is t!le 1irst lluestion. No\\~ thi~ right the testator
can only d£rive from the )a\~T of the land; but
the la'v canfers the right upon certain conditions,
\vith \,rhich conditions he has not complied. r"!'here_
fore~ the testator can lay no i:laim to the power
which he pretend~ to exercig~, as he hath not entitled
hirnself to the benefit of that law., by virtue of
,,-hich aione the ('state Ollght to attend his di~posal.
Con~eqaent1y, the devisee und~r the will, who, by
conceaii!:g this flaw in it, keep' possession of the estate,
i~ in the situation of clny other per~on, who
J.\Tails hi!nself of his neighbour's ignorance to detain
from him his property. ~f·he ~~-jJl-is.-.50 mIlch \va~te
paper, from the defc