The most of the peculiarities of the rules of construction of wills are to be found in the provisions relating to real property. Many forms of estates not permissible by deed, may be created by will; such estates are known as executory devises.

In the construction of a will, every effort is made to carry out the intentions of the testator, and much less formality is required than in the cases of deed. There is a presumption that a devise of one's "real estate" applies only to freehold estates, and excludes leaseholds. This rule may be rebutted if the testator holds no land in freeholds. A general devise of one's lands or real estate is to be presumed to include land held as trustee or mortgagee.

1 Gardner on Wills, Secs. 102-103. 2 See Vol. II, Subj. 5.

3 See Volume III, Subj. 6.