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Browsing: Legal Papers of John Adams, Volume 1


This foot note contained in document ADMS-05-01-02-0006-0004-0002
7. That is, the Province Statute of Frauds, Act of 22 Oct. 1692, c. 15, 1 A&R 46–47 (patterned after the English statute, 29 Car. 2, c. 3 [1676]), which provided that “For prevention of many fraudulent practices which are commonly endeavoured to be upheld by perjury and subornation of perjury ... [§3] all devises and bequests of any lands or tenements 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 four credible witnesses, or else shall be utterly void and of none effect.” The Act further provided that no devise in writing should be revoked or altered other than by destruction by the testator, or “by some other will or codicil in writing, or other writing of the devisor, signed in the presence of three or four witnesses, declaring the same.” Id., §4.