It must be signed by the testator, or by some other person in his presence, and at his request, and the signature must be made or acknowledged in the presence of two or more witnesses, who are required to be present at the same time, who declare by signing that the will was signed by the testator, or acknowledged in their presence, and that they signed as witnesses in testator's presence.

'Having,' says the testator, 'never observed that my son hath showed much taste or inclination, either for the entertainment or knowledge which study and learning afford, I give and bequeath all my books and mathematical instruments

" "That is not an uncommon peculiarity with testators," Thorndyke remarked.

"The provisions are very peculiar, and, as Jervis says, admirably calculated to defeat the testator's wishes if they have been correctly reported.

"Signed by the said testator John Bellingham in the presence of us present at the same time who at his request and in his presence and in the presence of each other have subscribed our names as witnesses.

"It is the absurd way in which this provision is worded that not only creates all the trouble but also makes the whole document so curiously significant in view of the testator's disappearance.

"Let us consider the provisions of the will point by point," said Thorndyke; "and first note that the testator commanded the services of a very capable lawyer.

Godfrey's inheritance is made conditional on a particular disposal of the testator's body.

The testator might have been lost at sea, or killed in a fire or explosion, or have died abroad and been buried where his grave could not be identified.

Observe that the testator presumably wished to be buried in a certain place; also he wished that his brother should benefit under the will.

So that, on considering the two clauses, we see that the wishes of the testator could only be carried out in the unlikely event of his dying in one of the burial-places mentioned, or his body being conveyed immediately after death to a public mortuary in one of the said parishes.

There will be a rigorous inquiryand a decidedly unpleasant one, I suspectand the evidence will be reviewed by the judge with a strong predisposition to regard the testator as being still alive.

"Our trump card at presenta rather small one, I am afraidis the obvious intention of the testator that the bulk of the property should go to his brother.

And even if he has not perpetuated a faultless character, he has yet bequeathed a noble example; and, more, has transmitted a legacy in the richness of which we forget the faults of the testator,a legacy of imperishable thought, clothed in the language of imperishable art,a legacy so valuable that it is the treasured inheritance of all civilized nations, and one which no nation can afford to lose.

For whereas he refrained scrupulously from the possessions of others,so long at least as he practiced virtue at all,and would not even accept the inheritances which were left to him by testators having relatives, he spent vast sums both upon the cities and upon private individuals.

These eyes are testators.

Their executors were sourly wondering whether the two venerable testators were not even then grinning from those far-away sepulchres in contemplation of the first feud their unprimitive castle was to know.

The grandchildren of the testators were ready to accept the best settlement that could be obtained.

"Testators are supposed to commence by setting forth the motives which have caused them to make their will.

The testator was admittedly sane and responsible; and if the will did not give effect to his wisheswhich, however, could not be provedthat was due to his own carelessness in drafting the will and not to any unusual circumstances.

" "I suppose by that," said Burke, "that you looked upon the stone mound in the cave as a sort of will left by those old Peruvians, and you made yourself an executor to carry out the intentions of the testators, as the lawyers say.

" "But we can set it down as dead certain," interrupted Shirley, "that the testators didn't mean us to have it.

The heirs had the privilege of remaining on the same conditions as the testators, or if they preferred to take away their inheritance they might do so on paying a duty of 15 per cent.

Now, Christ, by his death, hath confirmed this testament; "for where a testament is, there must also of necessity be the death of the testator; for a testament is of force after men are dead," vers.

33: So that the believer that would grow in grace, would eye Christ, the fundamental promise, the testator establishing the testament, and the executor or dispensator of the covenant, and expect the good things through him, and from him, through the conduit and channel of the promises.