A gift to a subscribing witness is not void, however, if the execution of the will be attested by a sufficient number of other competent witnesses.-Section 581.

A creditor is a competent witness.-Section 582.

Any person not an inhabitant of, but owning property in the district, may devise or bequeath such property by a last will, executed according to the laws in force in the district, state or territory in which the will may be executed.-Section 576.

A foreign will may be probated by copy of will, and on the probate thereof certified by the clerk of the court in which such will was probated, with the seal of the court affixed thereto, if there be a seal, together with the certificate of the chief judge or magistrate that the certificate is in due form and made by the clerk or other person having the legal custody of the record.-Section 577.

A written will can not be revoked or altered, otherwise than by another written will or other writing by the testator declaring such revocation and alteration, and executed with the same formalities required for the will itself; or unless the will be torn, cancelled, obliterated or destroyed with the intention and for the purpose of revoking the same, by the testator himself, or by another person in his presence, by his direction and consent.— Section 593.

No. 3-Arizona

[REVISED STATUTES, 1913, CIVIL CODE.]

Every person aged twenty-one years or upwards, or who may be or may have been lawfully married, being of sound mind, shall have power to make a last will and testament, under the rules and limitations prescribed by law. Section 1204.

Every person competent to make a last will and testament may thereby devise and bequeath all the estate, right, title and interest in possession, reversion or remainder, which he has, or at the time of his death shall have, of, in or to any lands, tenements, hereditaments or rents, charged upon or issuing out of them, or shall have of, in or to any personal property, or any other property whatever, subject to the limitations prescribed by law. Section 1205.

Every last will and testament, except where otherwise provided by law, shall be in writing and signed by the testator or by some other person, by his direction and in his presence, and shall, if not wholly written by himself, be attested by two or more credible witnesses above the age of fourteen years, subscribing their names thereto. in the presence of the testator.-Section 1206.

Where the will is wholly written by the testator, the attestation of subscribing witness may be dispensed with. -Section 1207.

No will in writing made in conformity with the preceding sections, nor any clause thereof, or devise therein, shall be revoked except by a subsequent will, codicil or declaration in writing, executed with like formalities, or by the testator destroying, cancelling or obliterating the same or causing it to be done in his presence; provided, that if after making a will the testator marries and the wife survive the testator, the will shall be revoked unless provision has been made for her by marriage contract, or unless she is provided for in the will, or in such way mentioned therein as to show an intention not to revoke such provisions; and no other evidence to rebut the presumption of revocation must be received.-Section 1208.

Any one competent to make a will may make a nuncupative will as hereafter shown.-Section 1209.

No nuncupative will shall be established unless made in the time of the last sickness of the deceased, nor when the value exceeds $50, unless proved by three credible witnesses that the testator called on some person to take notice or bear testimony that such was his will.-Section 1210.

No nuncupative will may be proved within fourteen days after the death of the testator and heirs must be notified.-Section 1211.

After six months no testimony shall be received to prove a nuncupative will unless substance was committed to writing within six days after the making of the will.Section 1212.

A soldier in actual military service, or a mariner or seaman at sea, may dispose of his chattels, as at the common law.-Section 1213.

When a testator shall have children born, and his wife enciente, the posthumous child, if unprovided for by settlement and pretermitted by his last will and testament, shall succeed to the same portion of the father's estate as such child would have been entitled to if the father had died intestate, toward which portion the devisees and legatees shall contribute proportionately out of the parts devised and bequeathed to them by such last will and testament.-Section 1214.

If a testator or testatrix, having a child or children born at the time of making his or her last will and testament, shall, at his or her death, leave a child or children born after the making of such last will and testament, the child or children so after-born and pretermitted, shall, unless provided for by settlement, succeed to the

same portion of the father's or mother's estate as they would have been entitled to if the father or mother had died intestate, toward raising which portion the devisees and legatees shall contribute proportionately out of the parts devised and bequeathed to them by such last will and testament.-Section 1215.

Every last will and testament made when the testator had no child living, wherein any child he might have is not provided for or mentioned, if at the time of his death he shall leave a child, or leave his wife enciente of a child which shall be born, shall have no effect during the life of such after-born child, and shall be void unless the child die without having been married and before he or she shall have attained the age of twenty-one.-Section 1216.

Under the name of "children" are included descendants of whatever degree they may be, it being understood they are only counted for the child they represent.Section 1217.

Issue of deceased child of testator take in place of parent.-Section 1218.

Should any person be a subscribing witness to a will, and be also a legatee or devisee therein, if the will can not be otherwise established, such bequest shall be void, and such witness shall be allowed and compelled to appear and give testimony in like manner as if no such bequest had been made. But if in such case the witness would have been entitled to a share of the estate of the testator or testatrix had there been no will, he or she shall be entitled to so much of such share as shall not exceed the value of the bequest to him or her in the will.-Section 1219.

In the case provided for in the preceding section, such will may be proved by the evidence of the subscribing

witnesses, corroborated by the testimony of one or more disinterested and credible persons, to the effect that the testimony of such subscribing witnesses necessary to sustain the will, is substantially true, in which event the bequest to such subscribing witnesses shall not be void.Section 1220.

No. 4-Arkansas.

[KIRBY & CASTLE'S DIGEST, 1916.]

Every person of twenty-one years of age and upward, of sound mind, may, by last will and testament, devise all his estate, real and personal, and all interest therein.Section 10049.

Every person over the age of eighteen years, of sound mind, may by last will and testament, dispose of goods and chattels.-Section 10050.

Every last will and testament of real or personal property, or both, shall be executed and attested in the following manner:

First. It must be subscribed by the testator at the end of the will, or by some person for him, at his request.

Second. Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made to each of the attesting witnesses.

Third. The testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare the instrument so subscribed to be his will and testament.

Fourth. There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator.

Fifth. Where the entire body of the will and the signature thereto shall be written in the proper handwriting