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Statute of Frauds 1695 (1695 (7 Will. 3) c. 12)PreambleSection I.Section II. Executor or administrator not to be charged upon special promise out of his own estate, or defendant upon special promise for debt, &c. of another, or upon agreement on consideration of marriage, or contract or sale of lands, or any agreement not to be performed in a year, unless in writing and signed.Section III. Devises of land must be in writing and signed, and attested and subscribed by three witnesses in devisor's presence.Section IV. Declarations or creations of trusts of lands shall be in writing and signed, or by last will in writing.Section V. Not to extend to trusts arising by implication, or transferred or extinguished by act of law.Section VI. Grants and assignments of trusts shall be in writing signed, or by such last will.Section VII. Lands, &c. in trust, may be delivered in execution upon judgments, &c. as if cest. q' trust in possession, and held free from incumbrances of those seised in trust.Section VIII. Trust in feesim. descending to heir of cestuy q' trust, assets; and chargeable with obligation of ancestor, as if the estate descended in possession. But heir not chargeable out of his own estate by reason of any plea, &c.Section IX. Estates pour aut. vie devisable; and if no devise, assets by descent. If no special occupant, assets in hand of executor or administrator.Section X. Mischievous to purchasers that judgments signed in vacation should relate to first day of the term, &c.Section XI. Day of signing judgments shall without fee be set down upon the record, and entered upon the margent of the roll, and by the day on which brought to be entered. and as against purchasers shall be judgments from time of signing only.Section XII. Writs of execution shall bind property of goods but from the time of delivery of the writ to officer, who shall endorse the day of receiving it.Section XIII. No contract for sale of goods for 10l. allowed unless buyer actually receive part, or give earnest, or in part payment, or that some note in writing signed by the parties.Section XIV. Day of inrolment of recognisances shall be set down in margent of the roll, and lands in hands of purchasers bound from that time only.Section XV. No nuncupative will of more than 3 oI. good, not proved by three witnesses present, made in last sickness and at dwelling of testator for ten days preceeding, except he is surprised by sickness a-broad, and dies before return.Section XVI. No testimony thereof after six months received, unless committed to writing in six days after making the will.Section XVII. No probate thereof till 14 days after testator's death, and process first to issue widow or next of kin.Section XVIII. No will in writing of personal repealed or altered by word of mouth, except comitted to writing in testators life, allowed by him, and so proved by 3 witnesses.Section XIX. Wills of personal estates by soldiers and seamen in actual service excepted.Section XX. Jurisdiction of courts for probates of wills concerning personal estates saved.
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Version status: | Document consolidation status: Updated to reflect all known changes
Version date: 24 November 1962 - onwards

Section III. Devises of land must be in writing and signed, and attested and subscribed by three witnesses in devisor's presence.

And be it further enacted by the authority aforesaid, That from and after the said feast day of the nativity of St. John the Baptist, which shall be in the said year of our Lord one thousand six hundred ninety and six, all devises and bequests of any lands, tenements or hereditaments, devisable, either by force of the statute of wills, or by this statute, or by force of the custom of any burrough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express directions, and shall be attested and subscribed in the presence of the said devisor, by three or more credible witnesses, or else they shall be utterly void and of none effect:

[Rep., save as to wills made before 1st January 1838, 7 Will. 4. & 1 Vict. c. 26. ss. 2, 34.]

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