Commentaries On the Conflict of Laws; Foreign And Domestic, in Regard to Contracts, Rights, And Remedies, And Especially in Regard to Marriages, Divorces, Wills, Successions, And Judgments

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Similar examples are afforded by the English Statute of Frauds, which denies the capacity to devise real property, otherwise than by a will attested by ihree or more credible witnesses ; and by the law of Jamaica, which enables a married woman to convey her real estate, and a tenant in tail to bar the remainder, and acquire the fee by a simple conveyance ; but it requires at the same time, that the married woman should be examined apart from her husband, and that the conveyance should be acknow...ledged and recorded. The following example of that species of solemnity, which is extrinsic to the disposi- tion, is given by Stockmans, in the case, which has been cited ; ' Si quis incola ditionis regiae testetur in urbe Leodiensi, ubi testatoris subscriptio in testamentis necessaria non est, sed sufficit communis ritus, qui in aliis publicis instrumentis requiritur.' There may be said to be three species of solemnities ; first, those, which are requisite to enable the person, as for instance, the authority from the husband to the wife, essential, by the law of some countries, to the validity of her act.

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