(eBook PDF) Learning Web Design: A Beginner's

Guide to HTML, CSS, JavaScript, and Web Graphics

5th Edition download

https://ebookluna.com/product/ebook-pdf-learning-web-design-a-
beginners-guide-to-html-css-javascript-and-web-graphics-5th-
edition/

Download more ebook from https://ebookluna.com

 5T
H
ED
“Unlike all the other books that start at the beginning, this one

IT
IO
will get you to the good stuff, fast. Jennifer will explain every

Whether you’re a beginner or bringing your skills up to date, this book gives you a solid footing in

N
step you need, including some very advanced concepts.”

modern web production. I teach each topic visually at a pleasant pace, with frequent exercises
—JEN SIMMONS, MOZILLA AND W3C CSS WORKING GROUP

to let you try out new skills. Reading it feels like sitting in my classroom! —Jennifer Robbins
Learning
Web Design
A BEGINNER'S GUIDE TO HTML, CSS,
JAVASCRIPT, AND WEB GRAPHICS

Jennifer Niederst Robbins



Form Layout and Design................................................................ 206

Test Yourself.................................................................................. 208
Element Review: Forms.................................................................. 209

10. Embedded Media........................................................... 215

Window-In-A-Window (iframe)..................................................... 215
Multipurpose Embedder (object).....................................................218
Video and Audio............................................................................ 219
Canvas........................................................................................... 228
Test Yourself.................................................................................. 233
Element Review: Embedded Media................................................. 234

Part III. CSS FOR PRESENTATION

11. Introducing Cascading Style Sheets............................... 239

The Benefits of CSS........................................................................ 239
How Style Sheets Work.................................................................. 240
The Big Concepts........................................................................... 246
CSS Units of Measurement............................................................. 253
Developer Tools Right in Your Browser.......................................... 256
Moving Forward with CSS............................................................. 258
Test Yourself.................................................................................. 259

12. Formatting Text............................................................. 261

Basic Font Properties...................................................................... 261
Advanced Typography with CSS3................................................... 277
Changing Text Color...................................................................... 280
A Few More Selector Types............................................................ 281
Text Line Adjustments................................................................... 287
Underlines and Other “Decorations”.............................................. 290
Changing Capitalization................................................................. 291
Spaced Out.................................................................................... 292
Text Shadow.................................................................................. 293
Changing List Bullets and Numbers............................................... 296
Test Yourself.................................................................................. 299
CSS Review: Font and Text Properties............................................ 301

vi Contents
 

13. Colors and Backgrounds................................................ 303

Specifying Color Values.................................................................. 303
Foreground Color............................................................................311
Background Color.......................................................................... 312
Clipping the Background.................................................................314
Playing with Opacity...................................................................... 315
Pseudo-Class Selectors....................................................................316
Pseudo-Element Selectors............................................................... 320
Attribute Selectors.......................................................................... 323
Background Images.........................................................................324
The Shorthand background Property.............................................. 338
Like a Rainbow (Gradients)............................................................ 340
Finally, External Style Sheets.......................................................... 348
Wrapping It Up.............................................................................. 351
Test Yourself.................................................................................. 352
CSS Review: Color and Background Properties............................... 354

14. Thinking Inside the Box................................................. 355

The Element Box............................................................................ 355
Specifying Box Dimensions............................................................ 356
Padding ......................................................................................... 361
Borders.......................................................................................... 366
Margins..........................................................................................376
Assigning Display Types................................................................. 380
Box Drop Shadows......................................................................... 382
Test Yourself.................................................................................. 384
CSS Review: Box Properties........................................................... 384

15. Floating and Positioning................................................ 387

Normal Flow.................................................................................. 387
Floating ......................................................................................... 388
Fancy Text Wrap with CSS Shapes ................................................ 399
Positioning Basics........................................................................... 405
Relative Positioning........................................................................ 407
Absolute Positioning....................................................................... 408
Fixed Positioning.............................................................................416

Contents vii


Test Yourself...................................................................................417
CSS Review: Floating and Positioning Properties.............................418

16. CSS Layout with Flexbox and Grid.................................. 419

Flexible Boxes with CSS Flexbox.....................................................419
CSS Grid Layout............................................................................ 447
Test Yourself.................................................................................. 478
CSS Review: Layout Properties....................................................... 482

17. Responsive Web Design................................................. 485

Why RWD?.................................................................................... 485
The Responsive Recipe................................................................... 486
Choosing Breakpoints.................................................................... 495
Designing Responsively.................................................................. 499
A Few Words About Testing........................................................... 512
More RWD Resources.....................................................................514
Test Yourself...................................................................................516

18. Transitions, Transforms, and Animation........................ 517

Ease-y Does It (CSS Transitions)......................................................517
CSS Transforms............................................................................. 527
Keyframe Animation...................................................................... 536
Wrapping Up................................................................................. 542
Test Yourself.................................................................................. 542
CSS Review: Transitions, Transforms, and Animation.................... 545

19. More CSS Techniques..................................................... 547

Styling Forms................................................................................. 547
Styling Tables................................................................................. 551
A Clean Slate (Reset and Normalize.css)......................................... 554
Image Replacement Techniques...................................................... 556
CSS Sprites..................................................................................... 557
CSS Feature Detection................................................................... 559
Wrapping Up Style Sheets.............................................................. 564
Test Yourself.................................................................................. 564
CSS Review: Table Properties......................................................... 566

viii Contents
 

20. Modern Web Development Tools.................................... 567

Getting Cozy with the Command Line........................................... 567
CSS Power Tools (Processors)......................................................... 572
Build Tools (Grunt and Gulp)......................................................... 578
Version Control with Git and GitHub............................................. 581
Conclusion..................................................................................... 588
Test Yourself.................................................................................. 589

Part IV. JAVASCRIPT FOR BEHAVIOR

21. Introduction to JavaScript............................................. 593

What Is JavaScript?........................................................................ 593
Adding JavaScript to a Page............................................................ 597
The Anatomy of a Script................................................................. 598
The Browser Object........................................................................ 612
Events............................................................................................ 613
Putting It All Together.....................................................................616
Learning More About JavaScript.....................................................617
Test Yourself.................................................................................. 619

22. Using JavaScript............................................................ 621

Meet the DOM............................................................................... 621
Polyfills.......................................................................................... 630
JavaScript Libraries........................................................................ 632
Big Finish....................................................................................... 637
Test Yourself.................................................................................. 637

Part V. WEB IMAGES

23. Web Image Basics.......................................................... 641

Image Sources................................................................................ 641
Meet the Formats........................................................................... 644
Image Size and Resolution.............................................................. 657
Image Asset Strategy...................................................................... 660
Favicons......................................................................................... 665

Contents ix


Summing Up Images...................................................................... 668

Test Yourself ................................................................................. 668

24. Image Asset Production................................................. 671

Saving Images in Web Formats....................................................... 671
Working with Transparency........................................................... 676
Responsive Image Production Tips................................................. 680
Image Optimization....................................................................... 691
Test Yourself...................................................................................701

25. SVG ............................................................................... 703

Drawing with XML........................................................................ 705
Features of SVG as XML................................................................ 713
SVG Tools...................................................................................... 718
SVG Production Tips...................................................................... 721
Responsive SVGs............................................................................ 724
Further SVG Exploration................................................................ 731
Test Yourself ................................................................................. 731
And...We’re Done!.......................................................................... 733

Part VI. APPENDICES

A. Answers......................................................................... 737

B. HTML5 Global Attributes................................................ 753

C. CSS Selectors, Levels 3 and 4......................................... 755

D. From HTML+ to HTML5................................................... 759

INDEX . . ............................................................................................................ 767

x Contents
FOREWORD
BY JEN SIMMONS

If you travel to Silicon Valley and navigate between the global headquarters
of some of the world’s most famous internet companies, you can head to
the Computer History Museum. Wander through the museum, past the
ancient mainframes and the story of the punch card, and you’ll eventually
find yourself at the beginning of the Wide World Web. There’s a copy of the
Mosaic browser on a floppy disk tucked in a book of the same name, a copy
of Netscape Navigator that was sold in a box, and something called “Internet
in a Box,” the #1 best-selling internet solution for Windows. Then there are
the websites. Some of the earliest, most notable, and most important websites
are on permanent display, including something called the “Global Network
Navigator,” from 1993. It was designed by none other than the author of this
book, Jennifer Robbins. Long before most of us had any idea the web existed,
or even before many of you were born, Jen was busy designing the first com-
mercial website. She’s been there from the very beginning, and has watched,
taught, and written about every stage of evolution of the web.
Learning Web Design is now in its 5th edition, with a gazillion new pages and
updates from those early days.
I am constantly asked, “What are the best resources for learning web technol-
ogy?” I learned by reading books. Blog posts are great, but you also need an
in-depth comprehensive look at the subject. In the beginning, all books were
beginner books, teaching HTML, URLs, and how to use a browser. When
CSS came along, the books assumed you’d already been using HTML, and
taught you how to change to the new techniques. Then CSS3 came along,
and all the books taught us how to add new CSS properties to our preexist-
ing understanding of CSS2. Of course there were always books for beginners,
but they were super basic. They never touched on professional techniques for
aspiring professionals. Each new generation of books assumed that you had
prior knowledge. Great for those of us in the industry. Tough for anyone new.

xi
Foreword

But how in the world are you supposed to read about two decades of tech-
niques, discarding what is outdated, and remembering what is still correct?
How are you supposed to build a career from knowledge that’s so basic that
you have no idea what real pros code in their everyday jobs?
You can’t. That’s why today when people ask me for a book recommendation,
I have only one answer. This book.
This book you are reading now doesn’t require any prior knowledge. You
don’t need to have made a web page before, or to have any idea where to get a
code editor. It starts at the very beginning. And yet, unlike all the other books
that start at the beginning, this one will get you to the good stuff, fast. Jen will
explain every step you need, including some very advanced concepts. She’s
packed this book full of cutting edge, insider knowledge from top experts.
I honestly don’t know how she does it. How can someone teach the basics
and the advanced stuff at the same time? Usually you’ll learn those things
years apart, with lots of struggling in the dark in the meantime. Here, Jen
will lift you up from wherever you are in your journey, and take you farther.
Every one of us—myself included, and I’m on the CSS Working Group (the
group of people who invent new CSS)—can learn a lot from this book. I do
every time I pick it up.
Pay attention to the notes in the margins. Read the websites she recommends,
watch the videos. Jen is giving you a shortcut to a professional network.
Follow the people she mentions. Read the links they suggest. These might
be your future colleagues. Dare to dream that you will meet them. They are,
after all, only a tweet away. It is a small world, full of real people, and you can
become part of it all. This book will get you started.
—Jen Simmons
Designer and Developer Advocate at Mozilla
Member of the CSS Working Group
April 2018

xii Learning Web Design

PREFACE

Hello and welcome to the fifth edition of Learning Web Design!

ONLINE RESOURCE
I’ve been documenting web design and development in books like this one
for decades, and it continues to fascinate me how the web landscape changes The Companion Website
from edition to edition. This fifth edition is no exception! Not only is this Be sure to visit the companion
version nearly 200 pages longer than the last one, but there are also some website for this book at
significant updates and additions worth noting. learningwebdesign.com.
It features materials for the
First, some technologies and techniques that were brand new or even experi- exercises, downloadable articles,
mental in the last edition have become nicely settled in. HTML5 is the new lists of links from the book, contact
normal, and CSS is moving ahead with its modular approach, allowing new information, and more.
technologies to emerge and be adopted one at a time. We’ve largely gotten our
heads around designing for a seemingly infinite range of devices. Responsive
Web Design is now the de facto approach to building sites. As a result, RWD
has earned its own chapter in this edition (Chapter 17, Responsive Web
Design). Where in the last edition we pondered and argued how to handle
responsive image markup, in this edition, the new responsive image elements
are standardized and well supported (Chapter 7, Adding Images). I think we’re
getting the hang of this mobile thing!
I’ve seen a lot of seismic shifts in web design over the years, and this time,
Flexbox and Grid are fundamentally changing the way we approach design.
Just as we saw CSS put table-based layouts and 1-pixel spacer GIFs out of
their misery, Flexbox and Grid are finally poised to kick our old float-based
layout hacks to the curb. It is nothing short of a revolution, and after 25 years,
it’s refreshing to have an honest-to-goodness solution for layout. This edition
sports a new (and hefty!) chapter on proper page layout with Flexbox and
Grid (Chapter 16, CSS Layout with Flexbox and Grid).
Although knowledge of HTML, CSS, and JavaScript is at the heart of web
development, the discipline has been evolving, and frankly, becoming more

xiii
Preface

complicated. I would be shirking my duty if I didn’t at least introduce you

to some of the new tools of the trade—CSS processors, feature detection, the
command line, task runners, and Git—in a new chapter on the modern web
developer toolkit (Chapter 20, Modern Web Development Tools). Sure, it’s more
stuff to learn, but the benefit is a streamlined and more efficient workflow.
The biggest surprise to me personally was how much web image production
has changed since the fourth edition. Other than the introduction of the
PNG format, my graphics chapters have remained essentially unchanged for
20 years. Not so this time around! Our old standby, GIF, is on the brink of
retirement, and PNG is the default thanks to its performance advantages and
new tools that let even smaller 8-bit PNGs include multiple levels of transpar-
ency. But PNG will have to keep its eye on WebP, mentioned in this edition for
the first time, which may give it a run for its money in terms of file size and
capabilities. The biggest web graphics story, however, is the emergence of SVG
(Scalable Vector Graphics). Thanks to widespread browser support (finally!),
SVG went from a small “some day” section in the previous edition to an entire
“go for it!” chapter in this one (Chapter 25, SVG).
As in the first four editions, this book addresses the specific needs and con-
cerns of beginners of all backgrounds, including seasoned graphic designers,
programmers looking to expand their skills, and anyone else wanting to learn
how to make websites. I’ve done my best to put the experience of sitting in my
beginner web design class into a book, with exercises and tests along the way,
so you get hands-on experience and can check your progress.
Whether you are reading this book on your own or using it as a companion
to a web design course, I hope it gives you a good head start and that you
have fun in the process.

HOW THIS BOOK IS ORGANIZED

Learning Web Design, Fifth Edition, is divided into five parts, each dealing with
an important aspect of web development.
Part I: Getting Started
Part I lays a foundation for everything that follows in the book. I start off
with some important general information about the web design environ-
ment, including the various roles you might play, the technologies you
might learn, and tools that are available to you. You’ll get your feet wet
right away with HTML and CSS and learn how the web and web pages
generally work. I’ll also introduce you to some Big Concepts that get you
thinking in the same way that modern web designers think about their craft.
Part II: HTML for Structure
The chapters in Part II cover the nitty-gritty of every element and attri-
bute available to give content semantic structure. We’ll cover the markup
for text, links, images, tables, forms, and embedded media.

xiv Learning Web Design

 Preface

Part III: CSS for Presentation

In the course of Part III, you’ll go from learning the basics of Cascading
Style Sheets for changing the presentation of text to creating multicolumn
layouts and even adding time-based animation and interactivity to the
page. It provides an introduction to Responsive Web Design, as well as the
tools and techniques that are part of the modern developer’s workflow.
Part IV: JavaScript for Behavior
Mat Marquis starts Part IV out with a rundown of JavaScript syntax so
that you can tell a variable from a function. You’ll get to know some ways
that JavaScript is used (including DOM scripting) and existing JavaScript
tools such as polyfills and libraries that let you put JavaScript to use
quickly, even if you aren’t quite ready to write your own code from scratch.
Part V: Web Images
Part V introduces the various image file formats that are appropriate for
the web, provides strategies for choosing them as part of a responsive
workflow, and describes how to optimize them to make their file size as
small as possible. It also includes a chapter on SVG graphics, which offer
great advantages for responsive and interaction design.
Part VI: Appendices
Part VI holds reference material such as test answers, lists of HTML global
attributes and CSS Selectors, and a look at HTML5 and its history.

TYPOGRAPHICAL CONVENTIONS
Italic
Used to indicate filenames and directory names, as well as for emphasis.
Colored italic
Used to indicate URLs and email addresses.
Colored roman text
Used for special terms that are being defined.
Constant width
Used to indicate code examples and keyboard commands.
Colored constant width
Used for emphasis in code examples.
Constant width italic
Used to indicate placeholders for attribute and style sheet property values.
→
Indicates that a line of code was broken in the text but should remain
together on one line in use.

Preface xv
Preface

ACKNOWLEDGMENTS
Once again, many smart and lovely people had my back on this edition.
I want to say a special thanks to my two amazing tech reviewers. I am quite
indebted to Elika J. Etemad (fantasai), who, as a member of the W3C CSS
Working Group, helped me make this edition more accurate and up-to-date
with standards than ever before. She was tough, but the results are worth it.
Petter Dessne brought his computer science expertise as well as valuable per-
spective as a professor and a reader for whom English is a second language.
His good humor and photos of his home in Sweden were appreciated as well!
I am also grateful for this roster of web design superstars who reviewed
particular chapters and passages in their areas of expertise (in alphabetical
order): Amelia Bellamy-Royds (SVG), Brent Beer (developer tools), Chris
Coyier (SVG), Terence Eden (audio/video), Brad Frost (Responsive Web
Design), Lyza Danger Gardner (developer tools), Jason Grigsby (images), Val
Head (animation), Daniel Hengeveld (developer tools), Mat Marquis (respon-
sive images), Eric Meyer (CSS layout), Jason Pamental (web fonts), Dan Rose
(images), Arsenio Santos (embedded media), Jen Simmons (CSS layout),
Adam Simpson (developer tools), and James Williamson (structured data).
Thanks also to Mat Marquis for his contribution of two lively JavaScript
chapters that I could never have written myself, and to Jen Simmons for writ-
ing the Foreword and for her ongoing support of Learning Web Design.
I want to thank my terrific team of folks at O’Reilly Media: Meg Foley
(Acquisitions Editor), Jeff Bleiel (Developmental Editor), Kristen Brown
(Production Editor), Rachel Monaghan (Copyeditor), Sharon Wilkey
(Proofreader), and Lucie Haskins (Indexer). Special thanks go to InDesign
and book production expert Ron Bilodeau, who turned my design into a tem-
plate and a set of tools that made book production an absolute joy. Special
thanks also go to Edie Freedman for the beautiful cover design and half a
lifetime of friendship and guidance.
Finally, no Acknowledgments would be complete without profound apprecia-
tion for the love and support of my dearest ones, Jeff and Arlo.

ABOUT THE AUTHOR

Jennifer Robbins began designing for the web in 1993 as the graphic designer
for Global Network Navigator, the first commercial website. In addition to
this book, she has written multiple editions of Web Design in a Nutshell and
HTML5 Pocket Reference, published by O’Reilly. She is a founder and orga-
nizer of the Artifact Conference, which addresses issues related to mobile web
design. Jennifer has spoken at many conferences and has taught beginning
web design at Johnson and Wales University in Providence, Rhode Island.
When not on the clock, Jennifer enjoys making things, indie rock, cooking,
travel, and raising a cool kid.

xvi Learning Web Design

 Preface

HOW TO CONTACT US
Please address comments and questions concerning this book to the
publisher:
O’Reilly Media, Inc.
1005 Gravenstein Highway North
Sebastopol, CA 95472
800-998-9938 (in the United States or Canada)
707-829-0515 (international or local)
707-829-0104 (fax)
We have a web page for this book, where we list errata, examples,
and any additional information. You can access this page at bit.ly/
learningWebDesign_5e.
To comment or ask technical questions about this book, send email to
bookquestions@oreilly.com.
For more information about our books, courses, conferences, and news, see
our website at www.oreilly.com.
Find us on Facebook: facebook.com/oreilly
Follow us on Twitter: twitter.com/oreillymedia
Watch us on YouTube: www.youtube.com/oreillymedia

Preface xvii
 I
GETTING STARTED
Discovering Diverse Content Through
Random Scribd Documents
[114] 1 Atk. 508.
[115] 3 Bro. C. C. 416.
[116] Richards v. Richards, 9 Price, 226.
[117] Barton v. Cooke, 5 Ves. 461.
[118] Walton v. Walton, 7 Johns. 258.
[119] 2 Ves. Sen. 561.
[120] Wms. Exrs. 994.
[121] 1 Roper, 215.
[122] Sayer v. Sayer, 2 Vern. 688.
[123] 5 Ves. 150.
[124] Duncan v. Alt, 3 Penn. 383.
[125] Wms. Exrs. 759.
[126] Idem. 1035.
[127] Bacon’s Ab. Leg. (E); 2 Vent. 342; Moore v. Smith, 9 Watts,
403.
[128] 11 Wend. 259.
[129] 2 Vern. 673; Van Wyck v. Bloodgood, 1 Bradf. 154.
[130] Collins v. Metcalfe, 1 Vern. 462. To avoid the lapse of a legacy
by the death of the legatee during the lifetime of the testator, the
following States have provided against it, if any issue of the legatee
be living at the death of the testator: Pennsylvania, South Carolina,
Virginia, Maryland, Massachusetts, Connecticut, Vermont, New
Jersey, Mississippi, Maine, Rhode Island. (4 Kent, 542.)
[131] 1 Roper, 216; 1 Paige, 33; Harris v. Fly, 7 Paige, 429; Sweet v.
Chase, 2 N. Y. 73.
[132] May v. Wood, 3 Bro. 471.
[133] Barlow v. Grant, 1 Vern. 255.
[134] Duke of Chandos v. Talbot, 2 P. Wms. 612; Smith v. Smith, 2
Vern. 92.
[135] 1 Roper, 645.
[136] Bacon’s Ab. Leg. (F.)
[137] 37 Miss. 114.
[138] 2 Meriv. 26.
[139] Moore v. Moore, 47 Barb. 257.
[140] 2 Salk. 570.
[141] Randall v. Payne, 1 Bro. C. C. 55.
[142] A legacy was sometimes given on condition that the legatee
should not marry a Roman Catholic. As late as April, 1869, the Hon.
Araminta Monck Ridley, in London, left a clause in her will that “if
any or either of my said children, either in my lifetime, or at any
time after my decease, shall marry a Roman Catholic, or shall join or
enter any Ritualistic brotherhood or sisterhood, then in any of the
said cases, the several provisions, whether original, substitutive, or
accruing, hereby made for the benefit of such child or children, shall
cease and determine, and become absolutely void.”
[143] Perrin v. Lyon, 9 East. 170.
[144] Scott v. Tyler, 2 Bro. C. C. 488. This is a leading case, and the
arguments of the leading counsel engaged contain much of the law
on the subject. See Amb. 209.
[145] Godolp. Leg. 45.
[146] Godolp. 46.
[147] 2 Redfield, 295.
[148] Commonwealth v. Stauffer, 10 Penn. 350.
[149] L. R. 19 Eq. 631.
[150] 2 J. and H. 356.
[151] In the following instance, a testator is not content only to have
his wife remain a widow—he must have her display the appropriate
insignia of her situation. Mr. James Robbins, whose will was proved
in October, 1864, in London, declares: “That, in the event of my dear
wife not complying with my request, to wear a widow’s cap after my
decease, and in the event of her marrying again, that then, and in
both cases, the annuity which shall be payable to her out of my
estate shall be £20 per annum and not £30.” As there was no
stipulation as to the time the widow’s cap was to be worn, probably
Mrs. Robbins found it easy to comply with the letter of the request in
her husband’s will, and yet indulge her own taste in the matter. In
contradistinction to this was the will of Mr. Edward Concanen, proved
in 1868. He says: “And I do hereby bind my said wife that she do
not, after my decease, offend artistic taste, or blazon the sacred
feelings of her sweet and gentle nature, by the exhibition of a
widow’s cap.”
[152] Wills, Pt. 4, Sec. 12.
[153] 1 Ch. Ca. 22.
[154] Parsons v. Winslow, 6 Mass. 169.
[155] 2 Ves. 265.
[156] Garret v. Pritty, 2 Vern. 293.
[157] The case of Bayeaux v. Bayeaux, 8 Paige, 333, is a curious
example of an attempt made by a testator to regulate and control
the choice of his children in marriage.
The testator died at the city of Troy, in March, 1839, leaving a widow
and three infant children. By his will, made a few months before his
death, and evidently without the aid or advice of counsel, he placed
the following condition on a legacy to his children:
“I charge upon my children, in every possible case, and under all
circumstances, never to make a matrimonial engagement, or bind
themselves to any individuals by promise of marriage, without full
parental approbation and consent as it regards the favored
individual. And while I consider it unjust as well as unwise for a
parent to coerce, or to attempt forcibly to induce a child to marry an
object it cannot love, so do I also deem it without any possible
excuse on the part of the child to marry without the full consent of
the parents. And in the event of disobedience on the part of my
child, in this respect, my wish, desire, and intention is to cut that
child off from any participation of the benefits arising from any
property I may leave at my decease, of every kind and description
whatever.”
The provisions of the will were in many respects so vague and
indefinite, that Chancellor Walworth remarked: “It is very evident
that this will was drawn by the decedent himself, or by some other
person equally ignorant, not only of legal language, but of legal
principles.” He held that the children took the same shares as if their
father died intestate.
[158] Lord Comyns’ Rep. 728.
[159] Brown v. Peck, 1 Eden. 140.
[160] 10 Ves. 13. This was the time allowed in the civil law, 2 Salk.
415.
[161] 2 Rev. Stat. 90.
[162] Benson v. Maude, 6 Madd. 15.
[163] 2 Vern. 31. Roden v. Smith, Amb. 588.
[164] Cricket v. Dolby, 3 Ves. 13.
[165] Nevil v. Nevil, 2 Vern. 431.
[166] Joe v. Hart’s Executors, 2 J. J. Marsh. 351.
[167] 1 Hawks 241.
[168] Fawkes v. Gray, 18 Ves. 131.
[169] Wms. Exrs. 1221; 2 Bradf. 77.
[170] 8 Ves. 410.
[171] Poph. 104.
[172] Marsh v. Hague, 1 Edw. Ch. 174.
[173] Ves. 10.
[174] Wms. Exrs. 1222.
[175] Williamson v. Williamson, 6 Paige, 298.
[176] 5 Binney 475.
[177] 1 Vern. 251.
[178] 1 Johns. Ch. 3.
[179] Wms. Exrs. 1206-7.
[180] 2 Rev. St. 450.
[181] Palmer v. Trevor, 1 Vern. 261; Toller 320.
[182] Wms. Exrs. 1213.
[183] 2 Rev. St. 65. So in California: Civil Code 1282.
[184] 1 Seld. 125.
[185] Morris v. Kent, 2 Edw. Ch. 182; Preston on Leg. 281.
[186] The word “children” includes only the immediate legitimate
descendants, and not a step-child: Cromer v. Pinckney, 3 Barb. Ch.
466; Mowatt v. Carrow, 7 Paige, 339. Nor does it include
grandchildren: Radcliff v. Buckley, 10 Ves. 195; 4 Watts, 82.
[187] Sherer v. Bishop, 4 Bro. C. C. 55; 2 Ves. 84.
[188] Doe v. Clark, 2 H. Bl. 399; Balm v. Balm, 3 Sim. 492.
[189] 1 Barb. Ch. 637; Wms. Exrs. 934.
[190] Rawlins v. Rawlins, 2 Cox’s Ca. 425; Marsellis v. Thalheimer, 2
Paige, 35.
[191] Jenkins v. Freyer, 4 Paige, 47.
[192] Collin v. Collin, 1 Barb. Ch. 630.
[193] 2 Paige, 11.
[194] Pratt v. Flamen, 5 Har. & Johns. 10.
[195] Garrett v. Niblock, 1 R. & M. 629; Lady Lincoln v. Pelham, 10
Ves. 106.
[196] Schloss v. Stiebel, 6 Sim. 1.
[197] 1 Jarman, 306.
[198] Vol. II, 96.
[199] Connolly v. Pardon, 1 Paige, 291. In Thomas v. Stevens, 4
Johns. Ch. 607, a legacy to Cornelia Thompson was held a good
bequest to Caroline Thompson, it appearing that she was the person
intended.
[200] Standen v. Standen, 2 Ves. Jr. 589.
[201] See Chap. VIII.
[202] 4 Ves. 680.
[203] 2 Cha. Ca. 51.
[204] 3 Bro. C. C. 311.
[205] 3 Ves. 148.
[206] Vide the case of Shakspeare, Introduction, p. 23.
[207] 2 N. Y. Rev. St. 57; Civil Code Cal. 1275. In Indiana,
Massachusetts, and Pennsylvania, there is no Mortmain act.
[208] Charitable Uses (D). The doctrine of Superstitious Uses cannot
be to much extent applicable here, as we have no religion
recognized and established by the State.
[209] Vide Will of Lady Alice West, p. 18.
[210] Ch. Prec. 272. Eyre v. Countess of Salisbury, 2 P. Wms. 119.
[211] Lord Hardwicke, in Jones v. Williams, Amb. 651, defines a
charitable use as “a gift to a general public use, which extends to
the poor as well as the rich.”
[212] It may be thought a singular purpose of charity to provide for
the “marriages of poor maids,” and one that would accomplish but
little in a field where the objects would be so numerous;
nevertheless, the benevolent designs of men have been turned in
that channel, as well as in other various directions mentioned in the
statute.
By the will of Mr. Henry Raine, a wealthy London brewer, a fund was
established for just such a purpose. Among the notable charitable
institutions of London, there is none more novel in inception or more
unique in management than Raine’s Asylum, established by him in
1736, for clothing, educating, and properly training for domestic
service forty young girls, taken from a lower school previously
established by him. On arriving at the age of twenty-two, any girl
who has been educated in the asylum, and who can produce
satisfactory testimonials of her conduct while in service, may
become a candidate for a marriage portion of one hundred pounds,
for which six girls are allowed to draw twice in each year, on the first
of May and the fifth of November. The drawing is in this manner:
The treasurer, in compliance with the explicit directions of Mr. Raine,
takes a half sheet of white paper and writes thereon the words, “one
hundred pounds.” Next, he takes as many blank sheets as, with the
one written on, will correspond with the number of candidates
present. Each of these half sheets is wrapped tightly round a little
roller of wood, tied with a narrow green ribbon, the knot of which is
firmly sealed. The rolls are then formally deposited in a large
canister placed upon a small table in the middle of the room. This
being done, the candidates, one at a time, advance towards the
canister, each drawing therefrom one of the small rolls. When all
have drawn, they proceed to the chairwoman, who cuts the ribbon
which secures each roll, and bids the candidates unfold the various
papers. There is no need to ask which of them has gained the prize
—the sparkling eyes of the fortunate “hundred-pound girl” reveal the
secret more quickly than it could be spoken by the lips. The scene
seems to be one in which Mr. Raine took deep interest, for in his will,
after appointing his nephews to purchase £4,000 stock in order to
make a permanent provision for these marriage portions, he says: “I
doubt not but my nephews would cheerfully purchase the said stock
if they had seen, as I have, six poor innocent maidens come
trembling to draw the prize, and the fortunate maid that got it, burst
out in tears with excess of joy.” The portion drawn in May is given
after a wedding on the fifth of November; the November portion
being given in like manner on May day. The author witnessed one of
these marriage ceremonies in the church of St. George’s-in-the-East.
The number of marriage portions given since the opening of the
asylum is said to exceed three hundred.
[213] This statute has been adopted in Massachusetts, North
Carolina, Kentucky, Indiana, Pennsylvania, and several other States.
2 Kent 285. In Pennsylvania, the will, to make a valid devise to
charitable uses, must be made a month before the testator’s
decease. Price v. Maxwell, 28 Penn. 23.
[214] 8 N. Y. 525.
[215] 33 N. Y. 97, reversing 40 Barb. 585.
[216] The case of the Smithsonian Institute was adduced as an
argument to show that the United States could take by devise. In
that case Mr. Smithson, an Englishman by birth, and a citizen of that
country, bequeathed to the United States all, or nearly all, of his
property, to be applied to the establishment of an institution for the
increase and diffusion of useful knowledge. But Wright, J., said that
this furnished no evidence of capacity, simply as a political
organization, to take and hold property for charitable purposes. That
was an English charity, and the case was determined by the law of
the domicile. It was a charity under the statute of Elizabeth, and
administered as such, and took effect only on a law of Congress
organizing the institution in the District of Columbia.
[217] In New York, as in many if not all the States, the law relating
to trusts as it formerly existed in England in its intricate details, has
been abolished, and only express, active trusts are permitted, where
the trustee has some active duty to perform in the management of
the estate. These express trusts are of four kinds: 1. To sell land for
the benefit of creditors; 2. To sell, mortgage, or lease lands, to pay
legacies or other charges; 3. Where the trustee is authorized to
receive the rents and profits, and apply them to the use of some
person during his life, or for a shorter period; 4. To receive rents and
income to accumulate for the benefit of minors, to cease at majority.
The same trusts only are allowed in California: Civil Code 857. It is
therefore held that all trusts, for any purpose whatever, not coming
under one of these four classes, are void, as it was apparent in the
enumeration of these the legislature intended to exclude all others.
Hence, in the drawing of wills, attention is most particularly needed
to see that no trusts are created other than those above.
[218] 34 N. Y. 584. It is not uncommon for persons to devise
property to the United States Government. The last case in New York
was somewhat singular. It is in the case of United States v. Fox, in
52 N. Y. 530. The testator there devised “to the Government of the
United States at Washington, District of Columbia, for the purpose of
assisting to discharge the debt contracted by the war for the
subjugation of the rebellious Confederate States.” It was held that
the government had no capacity to take. This case is now appealed
to the Federal Courts, but with little prospect of reversal.
[219] Burbank v. Whitney, 24 Pick. 146; Beall v. Fox, 4 Ga. 404;
Griffin v. Graham, 1 Hawks, 96; 7 Vt. 249; Vidal v. Gerard, 2 How.
127. The doctrine was elaborately argued and examined in the
Gerard Will Case, 28 Penn. 54, and it was maintained that it was
founded on the common law.
[220] There are many institutions permitted by statute in New York
to take property by devise or bequest. By Laws 1848, ch. 319,
benevolent, charitable, literary, scientific, missionary, or Sabbath-
school societies can take a devise or bequest, the clear annual
income of which shall not exceed $10,000; but, to be valid, the will
must be executed two months before testator’s death. By Laws
1841, ch. 261, colleges and literary incorporated institutions are
allowed to take for certain purposes. And, by Laws 1864, the State
can take a devise for benefit and support of common schools. For
these reasons, it is held the law of charitable uses is not so much
required in New York; and, by special enactment, the legislature will
incorporate societies to take a devise for pious, benevolent, or
charitable purposes.
[221] 4 Ves. 227.
[222] In case the trust exceeds this term, it is void in toto, and not
merely pro tanto; Griffiths v. Vere, 1 Ves. 136, 10 Penn. St. 326.
[223] A direction to accumulate all the testator’s estate for fifteen
years by investment and reinvestment in bonds is valid in Illinois.
Rhoads v. Rhoads, 43 Ill. 239.
But in New York an accumulation for three years, and also ten years,
was held invalid: 4 Sandf. 442; 7 Barb. 590.
[224] In New York it is two lives; in California, any lives in being:
Civil Code, 715.
[225] Schettler v. Smith, 41 N. Y. 328.
[226] The maximum period during which alienation may be
suspended may, in one instance, under the New York statutes, and
those of a great many other States, be suspended for two lives in
being, and twenty-one years and a fraction afterwards, in certain
cases of minority. For example, an estate to A for life, remainder to B
for life, remainder to his children in fee, but in case such children
shall die under the age of twenty-one years, then to D in fee. Here,
it will be observed, the ownership may be legally suspended for the
lives of A and B, and the actual infancy of B’s children; but in no
event can such suspension exceed that length of time before the
remainder becomes vested. If one of the children reach twenty-one,
D’s remainder is cut off. In the example just given, suppose the
children of B die before attaining twenty-one, and that B, at his
death, leaves his wife enceinte, there would then be a suspension of
alienation for a few months more than twenty-one years.
The extent to which variation from the ordinary term of gestation
may take place in women, whether the birth be premature or
protracted, is one of the difficult problems involved in medical
jurisprudence. On this subject the highest medical authorities are at
issue; some adhering closely to the regular period of forty weeks as
the extreme term; while others extend their indulgence even to the
utmost verge of eleven calendar months. See Long v. Blackall, 7
Term R. 104; Cadell v. Palmer, 1 Cl. & Finn. 372.
[227] Moore v. Moore, 47 Barb. 257.
[228] Burrill v. Boardman, 43 N. Y. 254.
[229] Rose v. Rose, 4 Abb. Ct. App., Dec., 108.
[230] The argument of Prof. Dwight, one of the counsel, in two
volumes, presents a marvelous and most scholarly amount of
research upon the law of charitable uses, from the earliest times.
[231] See page 31.
[232] Swinburne, Part 7, Sec. 14, says: “Concerning the making of a
latter testament, so large and ample is the liberty of making
testaments that a man may, as oft as he will, make a new
testament, even until his last breath; neither is there any cautel
under the sun to prevent this liberty; but no man can die with two
testaments, and therefore the last and newest is of force; so that, if
there were a thousand testaments, the last of all is the best of all,
and makes void the former.”
[233] 4 Co. Rep. 60.
[234] Doe v. Barford, 4 Man. & S. 16.
[235] Johnston v. Johnston, 1 Phillim. 447.
[236] Wellington v. Wellington, 4 Burr. 2165.
[237] 4 Johns. Ch. 506. Of course, this rule was only good where
the issue of the marriage were otherwise unprovided for, or had no
means of maintenance.
[238] The law respecting implied revocations was a fruitful source of
difficult and expensive litigation, and often defeated the intention of
testators, instead of carrying it into effect. Lord Mansfield has said
that some of the decisions on this head had brought “a scandal on
the law”; and, on another occasion, he remarked “that all
revocations not agreeable to the intention of the testator are
founded on artificial and absurd reasoning.” 3 Burr. 491.
[239] Ash v. Ash, 9 Ohio, 383; Stat. Ohio, (1831) p. 243; Stat. Ind.
1821; Stat. Ill. 1829; G. Laws, Conn. p. 370, last edition.
[240] 4 Kent, 525; Cal. Civ. Code, 1306.
[241] 4 Kent, 526.
[242] Sec. 1307.
[243] Gage v. Gage, 9 Foster, 533.
[244] 2 Rev. Stat. 64.
[245] Redfield, I, 298.
[246] Rev. Stat. 1849, Ch. 122.
[247] Civil Code, 1290. So in Rhode Island, Rev. Stat. Ch. 154.
[248] Tomlinson v. Tomlinson, 1 Ashm. 224.
[249] Tyler v. Tyler, 19 Ill. 151.
[250] 2 N. Y. Rev. Stat. 64; Civil Code, 1299.
[251] Cotter v. Layer, 2 P. Wms. 623.
[252] In re Fisher, 4 Wis. 254; Simmons v. Simmons, 26 Barb. 68;
Smith v. McChesney, 15 N. J. Ch. 359.
[253] Campbell v. Logan, 2 Bradf. 90.
[254] Cutto v. Gilbert, 9 Moore, P. C. C. 131.
[255] Mod. 203.
[256] 1 Cowp. 87.
[257] Nelson v. McGiffert, 3 Barb. Ch. 162. In some States this is
settled by statute. Thus, in California, an antecedent will is not
revived by the revocation of a subsequent will unless an intention
appear: Civil Code, 1297. The same in New York: 2 Rev. Stat. 66.
[258] Wms. Exrs. 136 and cases cited. The general effect of a
subsequent will in revoking one of an earlier date, by reason of its
inconsistent provisions, is very extensively discussed in the late and
important case of Colvin v. Warford, 20 Md. 357.
[259] Brown v. Brown, 8 El. & Bl. 876.
[260] Howard v. Davis, 2 Binney, 406; Jackson v. Betts, 6 Cow. 483;
Steele v. Price, 5 B. Mon. 58; 8 Met. 486.
[261] 7 B. Mon. 408.
[262] 8 Watts & Serg. 275.
[263] Wharram v. Wharram, 10 Jur. N. S. 499. A will and codicil were
torn to pieces by a testator’s eldest son, after the death of his
father; the pieces were saved, by which, and by oral evidence, the
court arrived at the substance of those instruments, and in effect
pronounced for them. Foster v. Foster, 1 Addams, 462.
[264] Patch v. Graves, 3 Denio, 348; 28 Vt. 274.
[265] 4 Ves. 610.
[266] 3 Sw. & Tr. 478.
[267] 14 Mass. 208; Hine v. Hine, 31 Penn. 246.
[268] Lewis v. Lewis, 2 W. & S. 455.
[269] Price v. Maxwell, 28 Penn. 23.
[270] Howard v. Halliday, 7 Johns. R. 394. If two wills, in duplicate,
were in possession of the testator, and he destroyed one, did this, in
effect, work a revocation? This was in some doubt. The California
Code has set at rest this question for that State, in Sec. 1295, where
it is provided that a destruction of one of the copies shall amount to
a revocation. See Onions v. Tyrer, 2 Vern. 742.
[271] Hobbs v. Knight, 1 Curteis, 289. And the cutting out of the
principal part, as the signature of the testator, or of the witnesses,
will be a revocation of the whole will: 1 Jarman, 161.
[272] Where the word “destroying” is used in the statute, as one
mode of revocation, it is generally held to include all modes of
defacing not specifically enumerated in the statute, and does not
require an absolute and entire destruction. Johnson v. Brailsford, 2
Nott & McCord, 272.
[273] 2 Rev. Stat. 66. It is the same in California: Civil Code, 1292.
[274] Burtenshaw v. Gilbert, 1 Cowp. 49.
[275] Dan v. Brown, 4 Cow. 490.
[276] Etheringham. v. Etheringham, Aleyn, 2.
[277] 3 B. & Ald. 489.
[278] Bibb v. Thomas, 2 W. Bl. 1043.
[279] Pryor v. Coggin, 17 Ga. 444.
[280] White v. Carter, 1 Jones (N. C.) Law, 197.
[281] Smiley v. Gambill, 2 Head, 164.
[282] Blanchard v. Blanchard, 32 Vt. 62.
[283] 7 Jur. N. S. 52.
[284] 1 Jarman, 133.
[285] Bap. Church v. Roberts, 2 Penn. 110.
[286] 1 Johns. Ch. 530.
[287] Bethell v. Moore, 2 Dev. & Batt. 311.
[288] 1 Jarman, 125.
[289] McPherson v. Clark, 3 Bradf. 92.
[290] 1 B. Mon. 57.
[291] 2 Doug. (Mich.) 515.
[292] 8 Jur. N. S. 897.
[293] Legatees are entitled to be paid in the money of the country in
which the testator is domiciled and the will is made. 2 Atk. 465; 2
Bro. C. C. 39.
[294] Harrison v. Nixon, 9 Peters, 483.
[295] To determine a person’s domicile is sometimes a matter of
some difficulty. It is determined on two principles: the fact of one’s
residence, and the intent of remaining there as at one’s home; or it
depends upon habitation and the animo manendi. Residence and
domicile are not convertible terms, because they are not the same
things. The Roman definition has been admired for its
expressiveness and force. It is there defined: “It is not doubted that
individuals have a home in that place where each one has
established his hearth, and the sum of his possessions and fortunes;
whence he will not depart if nothing calls him away; whence if he
has departed he seems to be a wanderer, and if he returns he
ceases to wander.” (Code, lib. 10, tit. 39.) It must be assumed as a
fact that every person has a domicile, or home, and the domicile of
origin remains until another is obtained, not by merely moving or
changing, but by leaving it with no intention of returning, without
animo revertendi. But an intention to change is not sufficient to alter
a domicile until it is actually changed. Therefore, death en route
does not alter domicile. (State v. Hallet, 8 Ala. 159.) One who goes
abroad, animo revertendi, does not change his domicile, because
only the fact of residence is changed, and not the intent. But if he
remains very long abroad, and in one place, the intent may be
inferred from the fact. The Supreme Court of the United States have
intimated that an exercise of the right of suffrage would be the
highest evidence, and almost conclusive against the party. (Shelton
v. Tiffin, 6 How. 185.)
[296] The doctrine was well settled in a very early case in
Pennsylvania, decided by Judge Tilgham, in 1808: the case of
Desasbats v. Berquier, 1 Binn. 336; and this case has ever since
been quoted and approved as a good statement of the law on this
point. There, a will was executed in St. Domingo by a person
domiciled there, and sought to be enforced in Pennsylvania, where
the effects of the deceased were. It appeared not to have been
executed according to the laws of St. Domingo, though it was
conceded that it would have been a good will if executed by a citizen
of Pennsylvania. The alleged will was held to be invalid.
[297] 23 N. Y. 394.
[298] Confl. Laws, Sec. 481; Adams v. Wilbur, 2 Sumner, 266.
[299] Wills, I, 404.
[300] Nat v. Coons, 10 Mo. 543.
[301] 14 How. 400.
[302] Coppin v. Coppin, 2 P. Wms. 291. This was accepted as an
indisputable proposition, in Lynes v. Townsend, 33 N. Y. 558.
[303] Wood v. Wood, 5 Paige, 596; 9 Wheat. 565.
[304] Vol. I, 1.
[305] Conf. Laws, Sec. 479.
[306] Evid. 671.
[307] Gold v. Judson, 21 Conn. 616.
[308] 8 Cranch, 66; G. Stat. (Mass.) C. 92; 7 Met. 141; 6 N. H. 47.
[309] Cushing v. Aylwin, 12 Met. 169.
[310] Washburne, Real Prop. I, 166.
[311] Re Maraver, 1 Hagg. 498.
[312] Hoxie v. Hoxie, 7 Paige, 187.
[313] Hone v. Van Schaick, 3 Barb. Ch. 488.
[314] 2 W. Bl. 976.
[315] 1 Salk. 234.
[316] 2 Mau. and Sel. 454.
[317] Roe v. Pattison, 16 East. 221; Wheeler’s Heirs v. Dunlap, 13 B.
Mon. 293.
[318] Youngs v. Youngs, 45 N. Y. 254.
[319] 5 Co. 68 b.
[320] 1 Johns. Ch. 231.
[321] 2 Vern. 624.
[322] Brownfield v. Brownfield, 20 Penn. 55; Johnson v. Johnson, 32
Ala. 637. Where there is no ambiguity on the face of a will, evidence
is inadmissible to explain it: Hill v. Alford, 46 Ga. 247.
[323] Jackson v. Sill, 11 Johns. 201.
[324] Walston v. White, 5 Md. 297.
[325] Worman v. Teagarden, 2 Ohio N. S. 380.
[326] Asay v. Hoover, 5 Penn. 21.
[327] 2 Sneed, 618.
[328] Allen v. Allen, 18 How. (U. S.) 385.
[329] Betts v. Jackson, 6 Wend. 187.
[330] Lawyer v. Smith, 8 Mich. 411.
[331] Civil Code, 1340; Estate of Garraud, 35 Cal. 336.
[332] 4 Vesey, 329; 1 Salk. 238.
[333] Hodgson v. Ambrose, 1 Doug. 341.
[334] Theall v. Theall, 6 La. 220.
[335] 18 Jur. 915.
[336] Dowson v. Gaskoin, 2 Kee. 14. The word “money” used in
making a devise in a will, will be construed to include both personal
and real property, if it appears from the context, and on the face of
the instrument, that such was the intention of the testator. Estate of
Miller, 48 Cal. 165.
[337] Co. Litt. 207.
[338] 1 Johns. Ch. 231.
[339] James v. Smith, 14 Sim. 214.
[340] 5 Vesey, 159.
[341] 2 Eden, 194.
[342] Thus, in a case in California, Norris v. Henley, 27 Cal. 439, a
testator devised his real estate upon a particular street, one-third to
each of three persons by name, “to have and to hold their lifetime,
and then to go to their heirs and assigns, but never to sell.” It was
held to create a fee, and these words, “never to sell,” had no effect.
[343] Cro. Eliz. 9.
[344] Sims v. Doughty, 5 Ves. 243: Parks v. Parks, 9 Paige, 107.
[345] Frazer v. Boone, 1 W. R. Hill, 367.
[346] 3 P. Wms. 259; Cal. Civ. Code, 1317.
[347] Parks v. Parks, 9 Paige, 107; Williams v. Williams, 4 Seld. 525;
Hawley v. James, 16 Wend. 61.
[348] Chrystie v. Phyfe, 19 N. Y. 344.
[349] 8 Jur. N. S. 825.
[350] Matter of Hallet, 8 Paige, 375.
[351] 33 Maine, 464.
[352] Hughes v. Hughes, 12 B. Mon. 121.
[353] Metham v. Duke of Devon, 1 P. Wms. 529.
[354] Cartwright v. Vawdry, 5 Vesey, 530; Gardner v. Heyer, 2 Paige,
12.
[355] 2 Meriv. 419.
[356] 1 Vent. 231; Moore v. Moore, 12 B. Mon. 655.
[357] Sibley v. Perry, 7 Ves. 522; Pope v. Pope, 14 Beav. 591.
[358] Hopkins v. Jones, 2 Barr, 69; Moore v. Moore, 12 B. Mon. 653.
[359] N. Y. Rev. Stat. Vol. III, p. 12.
[360] 9 Vesey, 319.
[361] 8 Sim. 134.
[362] Legacies, Ch. II, Sec. 10.
[363] Jones v. Sefton, 4 Vesey, 166.
[364] 3 P. Wms. 112.
[365] Timewell v. Perkins, 2 Atk. 103. The word “estate” in a will
carries everything, unless restrained by particular expressions:
Turbett v. Turbett, 3 Yeates, 187.
[366] Delamater’s Estate, 1 Wharton, 362.
[367] 29 Beav. 207.
[368] 5 Allen, 556.
[369] Holder v. Ramsbottom, 9 Jur. N. S. 350; Nichols v. Osborn, 2 P.
Wms. 419.
[370] Pond v. Bergh, 10 Paige, 140; 12 Mass. 537; Estate of Wood,
36 Cal. 75.
[371] Wootton v. Redd, 12 Gratt. 196.
[372] 3 Burr, 1634.
[373] 4 Vesey, 406.
 *** END OF THE PROJECT GUTENBERG EBOOK THE CURIOSITIES
AND LAW OF WILLS ***

Updated editions will replace the previous one—the old editions will
be renamed.

Creating the works from print editions not protected by U.S.

copyright law means that no one owns a United States copyright in
these works, so the Foundation (and you!) can copy and distribute it
in the United States without permission and without paying
copyright royalties. Special rules, set forth in the General Terms of
Use part of this license, apply to copying and distributing Project
Gutenberg™ electronic works to protect the PROJECT GUTENBERG™
concept and trademark. Project Gutenberg is a registered trademark,
and may not be used if you charge for an eBook, except by following
the terms of the trademark license, including paying royalties for use
of the Project Gutenberg trademark. If you do not charge anything
for copies of this eBook, complying with the trademark license is
very easy. You may use this eBook for nearly any purpose such as
creation of derivative works, reports, performances and research.
Project Gutenberg eBooks may be modified and printed and given
away—you may do practically ANYTHING in the United States with
eBooks not protected by U.S. copyright law. Redistribution is subject
to the trademark license, especially commercial redistribution.

START: FULL LICENSE

THE FULL PROJECT GUTENBERG LICENSE
 PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK

To protect the Project Gutenberg™ mission of promoting the free

distribution of electronic works, by using or distributing this work (or
any other work associated in any way with the phrase “Project
Gutenberg”), you agree to comply with all the terms of the Full
Project Gutenberg™ License available with this file or online at
www.gutenberg.org/license.

Section 1. General Terms of Use and

Redistributing Project Gutenberg™
electronic works
1.A. By reading or using any part of this Project Gutenberg™
electronic work, you indicate that you have read, understand, agree
to and accept all the terms of this license and intellectual property
(trademark/copyright) agreement. If you do not agree to abide by all
the terms of this agreement, you must cease using and return or
destroy all copies of Project Gutenberg™ electronic works in your
possession. If you paid a fee for obtaining a copy of or access to a
Project Gutenberg™ electronic work and you do not agree to be
bound by the terms of this agreement, you may obtain a refund
from the person or entity to whom you paid the fee as set forth in
paragraph 1.E.8.

1.B. “Project Gutenberg” is a registered trademark. It may only be

used on or associated in any way with an electronic work by people
who agree to be bound by the terms of this agreement. There are a
few things that you can do with most Project Gutenberg™ electronic
works even without complying with the full terms of this agreement.
See paragraph 1.C below. There are a lot of things you can do with
Project Gutenberg™ electronic works if you follow the terms of this
agreement and help preserve free future access to Project
Gutenberg™ electronic works. See paragraph 1.E below.
1.C. The Project Gutenberg Literary Archive Foundation (“the
Foundation” or PGLAF), owns a compilation copyright in the
collection of Project Gutenberg™ electronic works. Nearly all the
individual works in the collection are in the public domain in the
United States. If an individual work is unprotected by copyright law
in the United States and you are located in the United States, we do
not claim a right to prevent you from copying, distributing,
performing, displaying or creating derivative works based on the
work as long as all references to Project Gutenberg are removed. Of
course, we hope that you will support the Project Gutenberg™
mission of promoting free access to electronic works by freely
sharing Project Gutenberg™ works in compliance with the terms of
this agreement for keeping the Project Gutenberg™ name associated
with the work. You can easily comply with the terms of this
agreement by keeping this work in the same format with its attached
full Project Gutenberg™ License when you share it without charge
with others.

1.D. The copyright laws of the place where you are located also
govern what you can do with this work. Copyright laws in most
countries are in a constant state of change. If you are outside the
United States, check the laws of your country in addition to the
terms of this agreement before downloading, copying, displaying,
performing, distributing or creating derivative works based on this
work or any other Project Gutenberg™ work. The Foundation makes
no representations concerning the copyright status of any work in
any country other than the United States.

1.E. Unless you have removed all references to Project Gutenberg:

1.E.1. The following sentence, with active links to, or other

immediate access to, the full Project Gutenberg™ License must
appear prominently whenever any copy of a Project Gutenberg™
work (any work on which the phrase “Project Gutenberg” appears,
or with which the phrase “Project Gutenberg” is associated) is
accessed, displayed, performed, viewed, copied or distributed:
 This eBook is for the use of anyone anywhere in the United
States and most other parts of the world at no cost and with
almost no restrictions whatsoever. You may copy it, give it away
or re-use it under the terms of the Project Gutenberg License
included with this eBook or online at www.gutenberg.org. If you
are not located in the United States, you will have to check the
laws of the country where you are located before using this
eBook.

1.E.2. If an individual Project Gutenberg™ electronic work is derived

from texts not protected by U.S. copyright law (does not contain a
notice indicating that it is posted with permission of the copyright
holder), the work can be copied and distributed to anyone in the
United States without paying any fees or charges. If you are
redistributing or providing access to a work with the phrase “Project
Gutenberg” associated with or appearing on the work, you must
comply either with the requirements of paragraphs 1.E.1 through
1.E.7 or obtain permission for the use of the work and the Project
Gutenberg™ trademark as set forth in paragraphs 1.E.8 or 1.E.9.

1.E.3. If an individual Project Gutenberg™ electronic work is posted

with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any
additional terms imposed by the copyright holder. Additional terms
will be linked to the Project Gutenberg™ License for all works posted
with the permission of the copyright holder found at the beginning
of this work.

1.E.4. Do not unlink or detach or remove the full Project

Gutenberg™ License terms from this work, or any files containing a
part of this work or any other work associated with Project
Gutenberg™.

1.E.5. Do not copy, display, perform, distribute or redistribute this

electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1
with active links or immediate access to the full terms of the Project
Gutenberg™ License.

1.E.6. You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form,
including any word processing or hypertext form. However, if you
provide access to or distribute copies of a Project Gutenberg™ work
in a format other than “Plain Vanilla ASCII” or other format used in
the official version posted on the official Project Gutenberg™ website
(www.gutenberg.org), you must, at no additional cost, fee or
expense to the user, provide a copy, a means of exporting a copy, or
a means of obtaining a copy upon request, of the work in its original
“Plain Vanilla ASCII” or other form. Any alternate format must
include the full Project Gutenberg™ License as specified in
paragraph 1.E.1.

1.E.7. Do not charge a fee for access to, viewing, displaying,

performing, copying or distributing any Project Gutenberg™ works
unless you comply with paragraph 1.E.8 or 1.E.9.

1.E.8. You may charge a reasonable fee for copies of or providing

access to or distributing Project Gutenberg™ electronic works
provided that:

• You pay a royalty fee of 20% of the gross profits you derive
from the use of Project Gutenberg™ works calculated using the
method you already use to calculate your applicable taxes. The
fee is owed to the owner of the Project Gutenberg™ trademark,
but he has agreed to donate royalties under this paragraph to
the Project Gutenberg Literary Archive Foundation. Royalty
payments must be paid within 60 days following each date on
which you prepare (or are legally required to prepare) your
periodic tax returns. Royalty payments should be clearly marked
as such and sent to the Project Gutenberg Literary Archive
Foundation at the address specified in Section 4, “Information
 about donations to the Project Gutenberg Literary Archive
Foundation.”

• You provide a full refund of any money paid by a user who

notifies you in writing (or by e-mail) within 30 days of receipt
that s/he does not agree to the terms of the full Project
Gutenberg™ License. You must require such a user to return or
destroy all copies of the works possessed in a physical medium
and discontinue all use of and all access to other copies of
Project Gutenberg™ works.

• You provide, in accordance with paragraph 1.F.3, a full refund of

any money paid for a work or a replacement copy, if a defect in
the electronic work is discovered and reported to you within 90
days of receipt of the work.

• You comply with all other terms of this agreement for free
distribution of Project Gutenberg™ works.

1.E.9. If you wish to charge a fee or distribute a Project Gutenberg™

electronic work or group of works on different terms than are set
forth in this agreement, you must obtain permission in writing from
the Project Gutenberg Literary Archive Foundation, the manager of
the Project Gutenberg™ trademark. Contact the Foundation as set
forth in Section 3 below.

1.F.

1.F.1. Project Gutenberg volunteers and employees expend

considerable effort to identify, do copyright research on, transcribe
and proofread works not protected by U.S. copyright law in creating
the Project Gutenberg™ collection. Despite these efforts, Project
Gutenberg™ electronic works, and the medium on which they may
be stored, may contain “Defects,” such as, but not limited to,
incomplete, inaccurate or corrupt data, transcription errors, a
copyright or other intellectual property infringement, a defective or
damaged disk or other medium, a computer virus, or computer
codes that damage or cannot be read by your equipment.

1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for

the “Right of Replacement or Refund” described in paragraph 1.F.3,
the Project Gutenberg Literary Archive Foundation, the owner of the
Project Gutenberg™ trademark, and any other party distributing a
Project Gutenberg™ electronic work under this agreement, disclaim
all liability to you for damages, costs and expenses, including legal
fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR
NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY OR
BREACH OF CONTRACT EXCEPT THOSE PROVIDED IN PARAGRAPH
1.F.3. YOU AGREE THAT THE FOUNDATION, THE TRADEMARK
OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL
NOT BE LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT,
CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES EVEN IF
YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.

1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you

discover a defect in this electronic work within 90 days of receiving
it, you can receive a refund of the money (if any) you paid for it by
sending a written explanation to the person you received the work
from. If you received the work on a physical medium, you must
return the medium with your written explanation. The person or
entity that provided you with the defective work may elect to provide
a replacement copy in lieu of a refund. If you received the work
electronically, the person or entity providing it to you may choose to
give you a second opportunity to receive the work electronically in
lieu of a refund. If the second copy is also defective, you may
demand a refund in writing without further opportunities to fix the
problem.

1.F.4. Except for the limited right of replacement or refund set forth
in paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NO
OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.

1.F.5. Some states do not allow disclaimers of certain implied

warranties or the exclusion or limitation of certain types of damages.
If any disclaimer or limitation set forth in this agreement violates the
law of the state applicable to this agreement, the agreement shall be
interpreted to make the maximum disclaimer or limitation permitted
by the applicable state law. The invalidity or unenforceability of any
provision of this agreement shall not void the remaining provisions.

1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation,

the trademark owner, any agent or employee of the Foundation,
anyone providing copies of Project Gutenberg™ electronic works in
accordance with this agreement, and any volunteers associated with
the production, promotion and distribution of Project Gutenberg™
electronic works, harmless from all liability, costs and expenses,
including legal fees, that arise directly or indirectly from any of the
following which you do or cause to occur: (a) distribution of this or
any Project Gutenberg™ work, (b) alteration, modification, or
additions or deletions to any Project Gutenberg™ work, and (c) any
Defect you cause.

Section 2. Information about the Mission

of Project Gutenberg™
Project Gutenberg™ is synonymous with the free distribution of
electronic works in formats readable by the widest variety of
computers including obsolete, old, middle-aged and new computers.
It exists because of the efforts of hundreds of volunteers and
donations from people in all walks of life.

Volunteers and financial support to provide volunteers with the

assistance they need are critical to reaching Project Gutenberg™’s
goals and ensuring that the Project Gutenberg™ collection will
remain freely available for generations to come. In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a
secure and permanent future for Project Gutenberg™ and future
generations. To learn more about the Project Gutenberg Literary
Archive Foundation and how your efforts and donations can help,
see Sections 3 and 4 and the Foundation information page at
www.gutenberg.org.

Section 3. Information about the Project

Gutenberg Literary Archive Foundation
The Project Gutenberg Literary Archive Foundation is a non-profit
501(c)(3) educational corporation organized under the laws of the
state of Mississippi and granted tax exempt status by the Internal
Revenue Service. The Foundation’s EIN or federal tax identification
number is 64-6221541. Contributions to the Project Gutenberg
Literary Archive Foundation are tax deductible to the full extent
permitted by U.S. federal laws and your state’s laws.

The Foundation’s business office is located at 809 North 1500 West,

Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up
to date contact information can be found at the Foundation’s website
and official page at www.gutenberg.org/contact

Section 4. Information about Donations to

the Project Gutenberg Literary Archive
Foundation
Project Gutenberg™ depends upon and cannot survive without
widespread public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can
be freely distributed in machine-readable form accessible by the
widest array of equipment including outdated equipment. Many
small donations ($1 to $5,000) are particularly important to
maintaining tax exempt status with the IRS.

The Foundation is committed to complying with the laws regulating

charities and charitable donations in all 50 states of the United
States. Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and
keep up with these requirements. We do not solicit donations in
locations where we have not received written confirmation of
compliance. To SEND DONATIONS or determine the status of
compliance for any particular state visit www.gutenberg.org/donate.

While we cannot and do not solicit contributions from states where

we have not met the solicitation requirements, we know of no
prohibition against accepting unsolicited donations from donors in
such states who approach us with offers to donate.

International donations are gratefully accepted, but we cannot make

any statements concerning tax treatment of donations received from
outside the United States. U.S. laws alone swamp our small staff.

Please check the Project Gutenberg web pages for current donation
methods and addresses. Donations are accepted in a number of
other ways including checks, online payments and credit card
donations. To donate, please visit: www.gutenberg.org/donate.

Section 5. General Information About

Project Gutenberg™ electronic works
Professor Michael S. Hart was the originator of the Project
Gutenberg™ concept of a library of electronic works that could be
freely shared with anyone. For forty years, he produced and
distributed Project Gutenberg™ eBooks with only a loose network of
volunteer support.
Project Gutenberg™ eBooks are often created from several printed
editions, all of which are confirmed as not protected by copyright in
the U.S. unless a copyright notice is included. Thus, we do not
necessarily keep eBooks in compliance with any particular paper
edition.

Most people start at our website which has the main PG search
facility: www.gutenberg.org.

This website includes information about Project Gutenberg™,

including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how
to subscribe to our email newsletter to hear about new eBooks.
Welcome to our website – the ideal destination for book lovers and
knowledge seekers. With a mission to inspire endlessly, we offer a
vast collection of books, ranging from classic literary works to
specialized publications, self-development books, and children's
literature. Each book is a new journey of discovery, expanding
knowledge and enriching the soul of the reade

Our website is not just a platform for buying books, but a bridge
connecting readers to the timeless values of culture and wisdom. With
an elegant, user-friendly interface and an intelligent search system,
we are committed to providing a quick and convenient shopping
experience. Additionally, our special promotions and home delivery
services ensure that you save time and fully enjoy the joy of reading.

Let us accompany you on the journey of exploring knowledge and

personal growth!

ebookluna.com