REPUBLICATIO

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  REPUBLICATION. An act done by a testator from which it can be concluded that 
  be intended that an instrument which had been revoked by him, should operate 
  as his will; or it is the re-execution of a will by the testator, with a 
  view of giving it full force and effect. 
       2. The republication is express or implied. It is express when there 
  has been an actual re-execution of it; 1 Ves. 440; 2 Rand. R. 192; 9 John, 


  R. 312; it is implied when, for example, the testator by a codicil executed 
  according to the statute of frauds, reciting that he had made his will, 
  added, "I hereby ratify and confirm my said will, except in the alterations 
  after mentioned." Com. R. 381.; 3 Bro. P. C. 85, The will might be at a 
  distance, or not in the power of the testator, and it may be thus 
  republished. 1 Ves. 437; 3 Bing. 614; 1 Ves. jr. 486; 4 Bro. C. C. 2. 
       3. The republication of a will has the effect; 1st. To give it all the 
  force of a will made at the time of the republication; if, for example, a 
  testator by his will devise "all his lands in A," then revokes his will, and 
  afterwards buys other lands in A, the republication, made after the 
  purchase, will pass all the testator's lands in A. Cro. Eliz. 493. See 1 P. 
  Wms. 275. 2d. It sets up a will which had been revoked. See, generally, 2 
  Hill. Ab. 509; 3 Lomax, Dig. tit. 28, c. 6; 2 Bouv. Inst. n. 216 4.