{8ee  2  Bl.  Com.  493.)  And  now  by  sect.  3  of  the  Wills  Act,
1837  (7  "Will.  IV.  &  1  Vict.  c.  26),  testamentary  power  has
been  extended  to  all  the  personal  estate  which  the  testator
at  his  decease  shall  be  entitled  to  either  at  law  or  in
equity.
The  history  of  testamentary  power  over  freehold  lands
is  somewhat  different.     Here,  again,  its  introduction  was


BY  TRANSFER  BY  ACT  OF  OWNER :  MORTIS  CAUSA.      227

due  to  tlie  influence  and  learning  of  ecclesiastics.^  As  lias
already  been  pointed  out,  feoffments  to  the  use  of  the
feoffor's  will  were  protected  and  enforced  by  the  early
clerical  chancellors,  no  doubt  largely  in  the  interests  of
the  Church.  Such  feoffments  were  put  an  end  to  by  the
Statute  of  Uses.  Testamentary  power  was,  however,  very
shortly  afterwards  re-established  over  fee  simple  land  by
the  Statutes  of  Wills  (32  Hen.  VIII.  c.  1 ;  34  t^  35
Hen.  YIII.  c.  5).  By  these  statutes  a  holder  of  such
lands  by  tenure  of  knight-service  was  entitled  to  devise
two-thirds  of  them,  while  a  holder  in  socage  could  devise
them  all.  (Co.  Litt.  Ill  b.)  By  the  Act  Abolishing
Military  Tenures,  tenure  in  socage  became  universal,  and
with  it  testamentary  power  over  fee  simple  lands  became
universal  too.  As  to  estates  jjiir  autre  vie,  the  only  other
kind  of  freehold  estates  that,  strictly  speaking,  may  survive
their  owner,  these  were  made  subject  to  the  tenant's  last
will  by  sect.  12  of  the  Statute  of  Frauds  (29  Car.  II.  c.  3).
