Any person, whether citizen or alien, may take, hold and dispose of property, real or personal.-Section 3058.

No estate, real or personal, shall be bequeathed or devised to any charitable or benevolent society or corporation, or to any person in trust for charitable uses, except the same be done by will duly executed at least thirty days before the decease of the testator; and if so made at least thirty days prior to such death such devise or legacy, and each of them, shall be valid: Provided, that no such devises or bequests shall collectively exceed onethird of the estate of the testator leaving lineal descendants, and in such case, a pro rata deduction from such devises or bequests shall be made so as to reduce the aggregate thereof to one-third of such estate; and all dispositions of property made contrary hereto shall be void, and go to the residuary legatee or devisee, next of kin, or heirs, according to law.-Section 5750.

Whenever a testator has a child born after the making of his will, either in his lifetime or after his death, and dies leaving such child unprovided for by any settlement, and neither provided for nor in any way mentioned in his will, the child succeeds to the same portion of the testator's real and personal property that he would have succeeded to if the testator had died intestate.-Section 5743.

When any testator omits to provide in his will for any of his children, or for the issue of any deceased child, unless it appears that such omission was intentional, such child, or the issue of such child, must have the same share in the estate of the testator as if he had died intestate, and succeeds thereto as provided in the preceding section.-Section 5744.

Every will, other than a nuncupative will, must be in

writing, and every will, other than an olographic will and a nuncupative will, must be executed and attested as follows:

1. It must be subscribed at the end thereof by the testator himself, or some person in his presence and by his direction must subscribe his name thereto;

2. The subscription must be made in the presence of the attesting witnesses or be acknowledged by the testator to them, to have been made by him or by his authority;

3. The testator must, at the time of subscribing or acknowledging the same, declare to the attesting witnesses that the instrument is his will; and,

4. There must be two attesting witnesses, each of whom must sign his name as a witness, at the end of the will, at the testator's request, and in his presence.-Section 5727.

An olographic will is one that is entirely written, dated and signed, by the hand of the testator or testatrix who may be either married or unmarried. It is subject to no other form, and may be made in or out of this state, and need not be witnessed.-Section 5728, as amended 1915.

A witness to a written will must write, with his name, his place of residence; and a person who subscribes the testator's name, by his direction, must write his own name as a witness to the will. But a violation of this section does not affect the validity of the will.-Section 5729.

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, does not prevent the probate and allowance of the will, if it is otherwise satisfactorily proved.-Section 5730.

Written will is revoked or altered:

1. By a written will, or other writing of the testator,

declaring such revocation or alteration, and executed with the same formalities with which a will should be executed by such testator; or

2. By being burnt, torn, cancelled, obliterated, or destroyed, with the intent and for the purpose of revoking the same, by the testator himself, or by some person in his presence and by his direction.-Section 5731.

When a will is cancelled or destroyed by any other person than the testator, the direction of the testator, and the fact of such injury or destruction, must be proved by two witnesses.-Section 5732.

The revocation of a will, executed in duplicate, may be made by revoking one of the duplicates.-Section 5733.

If, after making a will, the testator duly makes and executes a second will, the destruction, cancellation, or revocation of such second will does not revive the first will, unless it appears by the terms of such revocation that it was the intention to revive and give effect to the first will, or unless, after such destruction, cancellation or revocation, the first will is duly republished.-Section 5734.

If, after having made a will, the testator marries, and has issue of such marriage, born either in his lifetime or after his death, and the wife or issue survives him, the will is revoked, unless provision has been made for such issue by some settlement, or unless such issue are provided for in the will, or in such way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of such revocation can be received.-Section 5735.

If, after making a will, the testator marries, and the wife survives the testator, the will is 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 make such provision; and no other evidence to rebut the presumption of revocation must be received.-Section 5736.

A will, executed by an unmarried woman, is revoked by her subsequent marriage, and is not revived by the death of her husband.-Section 5737.

Revocation of a will revokes all codicils.-Section 5742. After born and pretermitted children, unprovided for or unmentioned in the will, take as in the case of intestacy.-Sections 5743, 5744.

A general devise carries after acquired realty.-Sections 5748, 5749.

Gift to charitable uses by will is valid only if the will be executed at least thirty days before testator's death; and such gifts must not collectively exceed one-third of estate of testator leaving lineal descendants, otherwise it is proportionally reduced.-Section 5750.

No. 14-Illinois.

[ILLINOIS REVISED Statutes, 1917 (HURD), CHAPTER 148.]

Males of the age of twenty-one and females of the age of eighteen, of sound mind, have power to devise all their property, both real and personal.-Section 1.

Wills must be in writing, signed by the testator, or by some person in his presence and by his direction, and attested in his presence by two or more credible witnesses, two of whom, declaring on oath or affirmation before the county court of the proper county, that they were present and saw the testator, sign said will or codicil in their presence, or acknowledged the same to be his act and deed, and they believed the testator to be of sound mind and memory at the time of signing or

acknowledging the same, shall be sufficient proof of the execution of said will or codicil.-Section 2.

Depositions of non-resident witnesses may be taken, or proof of handwriting of deceased or other witnesses. whose testimony can not be procured.-Sections 4, 6.

Devise to a witness is void, and to the husband or wife of such witness is void also, unless there be sufficient competent witnesses, exclusive of such person; but a witness who is entitled to a share of the testator's estate in case the will is not established, may take so much of such share as shall not exceed the value of the devise or bequest made to him.-Section 8.

Wills proven without the state may be admitted to probate in Illinois.-Section 9.

Wills executed out of the state may be admitted to probate in the same manner as wills executed in the state.-Section 10.

Nuncupative will is good as to personal property if committed to writing within twenty days after the making, and proven before the court by two or more credible disinterested witnesses who were present at the speaking and publishing thereof, and who will declare on oath or affirmation they were present and heard the testator pronounce the said words, and that they believed him to be of sound mind and memory, and that he did at the same time desire the persons present, or some of them, to bear witness that such was his will, or words to that effect, and that said will was made at the time of the last sickness of the testator. Two disinterested witnesses, other than those above mentioned, must prove that said will was reduced to writing within ten days after the death of the testator.-Section 15.

A will may be revoked by burning, cancelling, tearing