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tearing it up, are all acts of revocation (Evans' Appeal, 58 Pa. 238).

168. Implied Revocation.

Marriage or subsequent birth of child not provided for in the will operates as revocation of the will so far as the widow or subsequently born child or children is concerned (Act of April 8, 1833, P. L. 249). This is term an implied revocation. By the terms of the act such revocation is not, however, total, but only as far as the wife or after-born child is concerned. The testator is only considered to have died intestate as to wife married or the child born after the making of the will; the rest of the will is good. A single man should, after his marriage, immediately have executed a codicil confirming his will and should execute such a codicil after the birth of each child. (For Form, see Par. 286). All that is required relative to the provision for an unborn child is that the testator shall have the child in mind and shall make clear his intention that the will shall apply to it. Any provision that does this is sufficient and the inquiry whether large or small, equal or unequal, vested or contingent, present or future, is irrelevant and outside the jurisdiction of the court except so far as it tends to throw light on the question of intention. A provision as follows: "I declare this to be and contain my last will and testament and that afterborn children are herein provided for" is sufficient (Randall v. Dunlap, 218 Pa. 210).

The above Act of April 8, 1833, P. L. 249, relating to afterborn children applies only to natural born children and has no application to adopted children. A child adopted after the adopting parent executed his will is not entitled to any rights as against that will in the adopting parent's estate (Goldstein v. Hammell, 49 Superior Ct. 39, aff. 236 Pa. 305).

A will may also be impliedly revoked either in whole or in part by the testator conveying away the property devised in his lifetime. Thus A, by his will, devised a house to B; later he sells the house; the devise to B is thereby impliedly revoked. If the testator has conveyed away so much of his real estate during his lifetime so that it is impossible to distribute the balance in accordance with his will, i. e., if his whole testamentary

scheme is destroyed the whole will is revoked except possibly as to the appointment of an executor, if there is any need of one (Cooper's Estate, 4 Pa. 88).

169. Probate of Wills.

By probate of wills is meant the proving of the will to be the last will and testament of the decedent before the proper officer. The officer before whom the will is proved is called the surrogate in some states. In Pennsylvania he is called the register of wills. The will is probated by taking it to the register's office, who takes the affidavits of the subscribing witnesses that they were present and did see the testator execute the will. If there are no subscribing witnesses any two persons who are familiar with the decedent's signature can be called to swear to its authenticity. If the subscribing witnesses are dead or permanently beyond the jurisdiction two witnesses must be produced who can identify the signature of the subscribing witnesses. The register then issues letters testamentary to the executor, which constitutes his authority to act as such.

A will must be offered for probate within three years from the date of the death of the testator or it will be void and of no effect against a bona fide conveyance or mortgage of the real or personal estate of the decedent duly recorded before the date of the offering of said will for probate (Act of April 1, 1909, P. L. 79).

The will should be probated in the county where the decedent resided, or if he had no particular residence in the county where the principal part of his estate is located. The probate of wills is conclusive as to real estate unless contested after five years after date of probate. This limitation is absolute, there being no exception in favor of persons under disabilities such as minors, etc.

170. Recital in a Devisee's Deed.

When a devisee who acquires title by will desires to convey, his deed should contain a recital setting forth that he gained title by will referring to the page and book where the will is registered and preferably setting forth the extract from the will. The following will serve as a guide:

Being the same premises which Stephen Thompson by indenture bearing date the 24th day of April, A. D.

1898, and recorded in the Office for the Recording of Deeds in and for the City and County of Philadelphia in Deed Book J. V., No. 144, page 76, etc., granted and conveyed unto Abram Jones in fee. And whereas, the said Abram Jones departed this life on the first day of October, A. D. 1912, having first made and published his last will and testament in writing bearing date the first day of September, A. D. 1912, and recorded in the Office of the Register of Wills in and for the City and County of Philadelphia in Will Book No. 320, page 389, etc., in which he did provided inter alia as follows: "Third. All the rest, residue, and remainder of my estate, whether real, personal or mixed, I give, devise and bequeath unto my beloved wife Rebecca Jones absolutely and forever," etc., etc. Wherein and whereby said above-described premises became vested in said Rebecca Jones in fee.

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By searches we mean the examination of the title of vendor or prospective mortgagee in order to ascertain whether it is good, clear and free of incumbrance. The ability to make a satisfactory search and brief of title was formerly one of the most essential requirements of a good conveyancer. In Philadelphia and the larger cities of the State of Pennsylvania few conveyancers nowadays search the title themselves. Instead, it is done by the title insurance companies (See Par. 200 infra), who make a special business of searches which they insure or guarantee. In the smaller towns and rural regions of the State, however, considerable title searching is still done by the conveyancers, so that it is deemed well to devote a chapter to explaining the method of searching.

172. How Records Are Indexed.

First, a word as to the arrangement of the indexes which must be examined in searching title. The recorder of deeds' office is located at the county seat and contains, besides the deed books, mortgage books, etc., a series of books termed indexes. Deed indexes, mortgage indexes, miscellaneous indexes, charter indexes, etc. Taking the deed index as an example, we find that deeds are indexed twice, once under the name of the grantor, called the direct or grantor index, and once under the name of the grantee, called the ad sectum, or grantee index. The indexing is ingenious and is done in this way. There is for the grantor's index one book for each letter of the alphabet, and each book is divided into twenty-six subdivisions, each subdivision lettered in alphabetical order, beginning with the letter A. The initial letter of the grantor's surname fixes the book in which it is to be found, and the initial letter of the Christian name fixes the subdivision of that book in which the name is to be found. Thus, in order to find the name Andrew Gallagher, you take down index book "G" and turn to the part under the letter "A." In that part you will find every person's name whose last name begins with "G" and first name with "A." these names until you come to the name you seek. the name you will see the following entry:

Look through

Having found

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The first column is the date, being the year, month and day when the deed was recorded. Then follows the book, number and page. In Philadelphia, by custom, the recorder of deeds' books are designated by the initial letters of the recorder's name. Thus, all deeds recorded during the term of the present recorder, Hon. Ernest L. Tustin, are recorded in books bearing the letters E. L. T. Next follows the name of the grantor, surname first,

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