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A conveyance or other act altering the interest in property, but not wholly divesting it, is not a revocation. -Section 11788.

No man while married may bequeath away from his wife more than one-half of his property, nor may any woman while married, bequeath away from her husband more than one-half of her property, but either may sign in writing, executed in the presence of two witnesses, that the other may bequeath more than one-half of his or her property from the one so consenting.-Section 11790.

A married person having no child may devise one-half of his or her property to other persons than the husband or wife. Section 11791.

Subsequent birth of a child revokes a will made while the testator had no child, unless provision is made for the child, or intention not to make such provision appears from the will.-Section 11792.

A will may be revoked by cancelling, obliterating, destroying, or by another will, codicil in writing, or by another writing executed after the manner of a will.-Section 11793.

A revocation of a second will does not revive a first will unless it appears by the terms of the revocation that such was the intention, or unless the testator duly republishes the first will.-Section 11794.

A child absent and reported to be dead, or a child born subsequent to execution of the will, not provided for, takes the same share as in case of intestacy.-Section 11705.

A widow may elect whether she will take under the will or according to the law concerning descents and distributions.-Sections 11797-11799.

After-acquired interest passes by will.-Section 11810.

If a child or a relative die leaving issue surviving the testator, such issue take the estate devised in the same manner as the devisee would have done had he survived the testator.-Section 11811.

A verbal will made in the last sickness is valid as to personal estate if reduced to writing and subscribed by two competent disinterested witnesses within ten days after the speaking of the testamentary words, and if it be proved by such witnesses that the testator was of sound mind and memory, not under any restraint, and called upon some person present at the time the testamentary words were spoken to bear testimony to said deposition as his will.-Section 11825.

Nuncupative will must be offered for probate within six months after the death of the testator.-Section 9847.

No. 19-Kentucky.

[CARROLL'S STATUTES, 1915.]

Every person of sound mind, not under twenty-one years of age or a married woman, may by will dispose of any estate, right or interest in real or personal estate which would otherwise descend to his heirs, or pass to his personal representatives.-Section 4825.

After-acquired property passes by a will.-Section

3948.

A married woman, twenty-one years of age, may dispose of her estate by will, subject to the provisions of the Act of March 15, 1894.-Sections 2147, 4827.

A minor can not make a will except pursuant to a power specially given to that effect, and except, a father under twenty-one may appoint a guardian for his child. by will.-Section 4826.

A will must be in writing, subscribed with the name of

the testator, by himself or by some other person in his presence, and by his direction, and if not wholly written by the testator, the subscription must be made or acknowledged in the presence of at least two credible witnesses, who subscribe the same with their names in the presence of the testator.-Section 4828.

Appointment by a will in exercise of a power must be executed so that it would be valid for the disposition of the property to which the power applies if it belonged to the testator, and every will so executed, except that of a married woman, is valid even though the instrument creating the power imposed additional forms.-Section 4829.

A soldier in actual military service or a mariner at sea may dispose of his personal estate by an unwritten will, made within ten days of his death, in the presence of two competent witnesses present at the same time and called upon by him to witness his intention, if the testamentary words or their substance be reduced to writing and subscribed by one of the witnesses within sixty days after they were spoken.-Section 4830.

A will of a person domiciled without the state is valid as to his personal property in Kentucky, if executed according to the law of the place of domicile.-Section 4831.

A foreign will probated in another jurisdiction may be proven in Kentucky by an authenticated copy and certificate of probate.-Section 4854.

A will is revoked by subsequent marriage, except a will made in exercise of a power of appointment.-Section 4832.

A will is revoked by a subsequent will or writing exe

III Com. on Wills-43

cuted in the same manner as a will, or by cutting, tearing, obliterating, cancelling or destroying.-Section 4833.

A revocation of a subsequent will does not revive the prior in the absence of an intention to so revive.-Section 4834.

No conveyance subsequent to the will prevents its operation as to property disposable by the testator at the time of his death.-Section 4835.

Subsequent incompetency of an attesting witness will not prevent probate. A gift to a subscribing witness or to his or her husband or wife is void, except as to such share, not exceeding the value of the devise or bequest, as he or she would have been entitled to in case the will was not established.-Section 4836.

A creditor is a competent witness.-Section 4837. An executor is a competent witness.-Section 4838. A will speaks from the death of the testator.-Section 4839.

Children of a deceased devisee or legatee take the estate devised or bequeathed their parent.-Section 4841.

A child or grandchild believed to be dead, or whom the testator does not know is living, takes as if the testator died intestate, but the presumption that pretermission was the result of a mistake may be rebutted.-Section 4842.

Where a testator leaves a will made when he had no children living, not providing for or mentioning any child, such will shall be construed as to after-born and posthumous children as if the devises and bequests had been limited to take effect in the event that the children die under the age of twenty-one years, unmarried, without issue.-Section 4847.

An after-born child or its descendants not provided

for by settlement, and neither provided for nor expressly excluded by the will, succeeds as in case of intestacy, but if child or descendants die under twenty-one, unmarried and without issue, so much as remains unexpended for maintenance passes according to the will.-Section 4848.

No. 20-Louisiana.

[MERRICK'S REVISED CIVIL CODE, 1913.]

All testaments are divided into three principal classes, to-wit:

1. Nuncupative or open testaments.

2. Mystic or sealed testaments.

3. Olographic testaments.-Article 1574.

Testaments, whether nuncupative or mystic, must be drawn up in writing, either by the testator himself, or by some other person under his dictation.-Article 1575.

The custom of making verbal testaments, that is to say, resulting from the mere deposition of witnesses, who were present when the testator made known to them his will, without his having committed it or caused it to be committed to writing, is abrogated.-Article 1576.

Nuncupative testaments may be made by public act, or by act under private signature.-Article 1577.

Nuncupative testaments by public act must be received by a notary public, in presence of three witnesses residing in the place where the will is executed, or of five witnesses not residing in the place.

This testament must be dictated by the testator, and written by the notary as it is dictated.

It must then be read to the testator in presence of the witnesses.

Express mention is made of the whole, observing that all those formalities must be fulfilled at one time, with

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