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CROWN PRIVATE ESTATES ACT 1862 - SECT 5

Power of testamentary disposition of the private estates of the Sovereign other than in Scotland.

5. The private estates of Her Majesty, her heirs or successors, situate or
arising in any part of Her Majesty's dominions (except Scotland), may be
disposed of by Her Majesty, her heirs or successors, in manner provided by the
fourth section of the Crown Private Estate Act 1800: Provided always, that a
will or other testamentary disposition by Her Majesty, her heirs or
successors, of or concerning any such private estates as aforesaid, shall not
require publication; and every such will or testamentary disposition shall be
valid and effectual, if signed by the testator or testatrix, or by some other
person in his or her presence, and by his or her direction, in the presence of
two witnesses: Provided also, that every will or other testamentary
disposition by Her Majesty, her heirs or successors, of any such private
estates as aforesaid, made under the authority of this Act and of the
Crown Private Estate Act 1800, or either of them, and whether made before or
after the passing of this Act, shall be construed with reference to the
property comprised in such will or testamentary disposition, to speak and take
effect as if it had been executed immediately before the death of the testator
or testatrix, unless a contrary intention shall appear by the will or other
testamentary disposition.

© 1862 Crown Copyright

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