From  the  consideration  that  wills  are  the  crea-
tures of  the  municipal  law  which  gives  them  their
efficacy,  may  be  deduced  a  determination  of  the
question,  whether  the  intention  of  the  testator  in
an  informal  will,  be  binding  upon  the  conscience
of  those,  who,  by  operation  of  law,  succeed  to  his
estate.  By  an  informal  will,  I  mean  a  will  void  in
law  for  want  of  some  requisite  formality,  though
no  doubt  be  entertained  of  its  meaning  or  authen-
ticity :  as,  suppose  a  man  make  his  will,  devising
liis  freehold  estate  to  his  sister's  son,  and  the
will  be  attested  by  two  only,  instead  of  three,  sub-
scribing witnesses;  would  the  brother's  son,  who
is  heir  at  law  to  the  testator,  be  bound  in  con-
science to  resign  his  claim  to  the  estate,  out  of
deference  to  his  uncle's  intention  1  or,  on  the  con-
trary, would  not  the  devisee  under  the  will  be
bound,  upon  discovery  of  this  flaw  in  it,  to  sur-
render the  estate,  suppose  be  had  gained  posses-
sion of  it,  to  the  heir  at  law '?

Generally  speaking,  the  heir  at  law  is  not  bound
by  the  intention  of  the  testator :  for  the  intention
can  signify  nothing,  unless  the  person  intenchng
have  a  right  to  govern  the  descent  of  the  estate.
