CHAPTER XXXIII.

 

OF WILLS.

 

§1463. Every person of full age, and of sound mind, may dis­pose of his estate, both real and personal, by will.

 

§1464. Any married woman may dispose, by will, of all property belonging to her in her own right, in like manner as a person under no disability might do.

 

§1465. No will (except such nuncupative wills as are men­tioned in this chapter*) shall be valid, unless it be in writing and signed by the testator, or by some person in his presence and by his express direction, and attested by two or more competent wit­nesses subscribing their names to the will, in the presence of the testator.

 

§1466. If the subscribing witnesses to a will are competent at the time of attesting its execution, their subsequent incompetency, from whatever cause it may arise, shall not prevent the probate and allowance of the will, if it be otherwise satisfactorily proved.

 

§1467. All beneficial devises, legacies, and gifts whatever, made or given in any will to a subscribing witness thereto shall be void, unless there are two other competent subscribing witnesses to the same, but a mere charge on the estate of the testator for the payment of debts, shall not prevent his creditors from being competent witnesses to his will.

 

§1468. But if such witness, to whom any beneficial devise, legacy, or gift, is made or given, would have been entitled to any share of the estate of the testator, in case the will  had not been established, then so much of the share as would have descended or been distributed to such witness, as will not exceed the devise or bequest made to him in the will, shall be saved to him, and he may recover the same of the devisees or legatees named in the will, in proportion to and out of all the parts devised or bequeathed to them.

 

*Note––Such wills were not provided for.

 

§1469. Every devise, purporting to he a devise of all the real or personal estate of the testator, shall be construed to convey all the real or personal estate belonging to him at the time of his decease, unless it shall clearly appear by the will that he intended otherwise.

 

§1470. No written will shall be revoked, unless by burning, tearing, canceling, or obliterating the same, with the intention of revoking it, by the testator or by some person in his presence, and by his direction, or by some other will in writing, executed as prescribed in this chapter; but nothing contained in this section shall prevent the revocation implied by law, from subsequent changes in the condition or circumstances of the testator.

 

§1471. If, after the making of any will, the testator shall duly make and execute a second will, the destruction, canceling, or revocation of such second will, shall not revive the first will, unless after such destruction, canceling, or revocation, the first will shall be duly republished.

 

§1472. If, after the making of a will, the testator shall marry and shall have a child born to him, and no provision shall be made in the will for such contingency, such marriage and birth shall operate as a revocation of such will.

 

§1473. A will executed by an unmarried woman, shall be deemed revoked on her subsequent marriage, and shall not be revived by the death of her husband.

 

§1474. No written will shall be allowed to be proved after the expiration of five years from the death of the testator: provided, however, that where any minor is interested in the estate, one year shall be allowed after his arrival at full age, to cause such will to be proved and allowed.

 

§1475. The term “will,” as used in this chapter, shall be so construed as to include all codicils as well as wills.

 

§1476. Nothing contained in this chapter shall be so con­strued as to conflict with the law relating to dower.

 

 

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