against the heirs of the testator or his next of kin, if the same had descended to him.-Section 30.

"A charge or encumbrance upon any real or personal estate for the purpose of securing the payment of money, or the performance of any covenant or agreement, shall not be deemed a revocation of any will relating to the same estate, previously executed. The devises and legacies therein contained shall pass and take effect, subject to such charge or encumbrance.-Section 31.

"If any person make his last will and die leaving a child or children or descendants of such child or children not named or provided for in such will, although born after the making of such will or the death of the testator, every such testator, as to such child or children not named or provided for, shall be deemed to die intestate, and such child or children or their descendants shall be entitled to such proportion of the estate of the testator, real and personal, as if he had died intestate, and the same shall be assigned to them, and all the other heirs, devisees and legatees shall refund their proportional part.-Section 32.

"If such child or children or their descendants, shall have an equal proportion of the testator's estate bestowed on them in the testator's lifetime, by way of advancement, they shall take nothing by virtue of the provisions of the preceding section. Nothing shall be considered an advancement unless charged in writing by the decedent as an advancement, or acknowledged in writing as such by the child or other successor or heir.-Section 33.

"When any estate shall be devised to any child, grandchild, or other relative of the testator, and such devisee shall die before the testator, having lineal descendants, such descendants shall take the estate, real and personal, as such devisee would have done in case he had survived

the testator. A spouse is not a relative under the provisions of this section.-Section 34.

"If, after making any will, the testator shall duly make and execute a second will, the destruction, cancellation, or revocation of such second will shall not revive the first will unless it appears by the terms of such revocation that it was his intention to revive and give effect to the first will, or unless he shall duly republish his first will.— Section 35.

"No nuncupative will shall be good when the estate bequeathed exceeds the value of two hundred dollars unless the same be proved by two witnesses who were present at the making thereof, and it be proven that the testator, at the time of pronouncing the same, did bid some person present to bear witness that such was his will, or to that effect, and such nuncupative will was made at the time of the last sickness. Nothing herein contained shall prevent any mariner at sea or soldier in the military service from disposing of his wages or other personal property by nuncupative will. No real estate shall be devised by a nuncupative will.-Section 36.

"No proof shall be received of any nuncupative will unless it be offered within six months after speaking the testamentary words, nor unless the words or the substance thereof be first committed to writing, and in all cases a citation issued to the widow or next of kin of the deceased that they may contest the will if they think proper.— Section 37.

"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 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.

If such witness, to whom any beneficial devise, legacy or gift may have been made or given, would have been entitled to any share in the testator's estate in case the will is not established, then so much of the estate as would have descended or would have been distributed to such witness shall be saved to him as will not exceed the value of the devise or bequest made to him in the will; and he may recover the same from the devisees or legatees named in the will in proportion to and out of the parts devised and bequeathed to him.-Section 38.

"Every devise of land in any will shall be construed to convey all the estate of the devisor therein which he could lawfully devise, unless it shall clearly appear by the will that he intended to convey a less estate.-Section 39.

"If any person, by last will, devise any real estate to any person for the term of such person's life, such devise vests in the devisee an estate for life, and without the remainder is specially devised, it shall revert to the heirs at law of the testator.-Section 40.

"Any estate, rights or interest in lands acquired by the testator after the making of his or her will shall pass thereby, and in like manner as if owned at the time of making the will, if such manifestly appear by the will to have been the intention of the testator.-Section 41.

"When any testator in his last will shall give any chattel or real estate to any person, and the same shall be taken in execution for the payment of the testator's debts, then all the other legatees, devisees and heirs shall refund their proportional part of such loss to such person from whom the bequest shall be taken.-Section 42.

"When any devisees, legatees or heirs shall be required to refund any part of the estate received by them, for the purpose of making up the share, devise or legacy of any other devisee, legatee or heir, the superior court, upon

the petition of the person entitled to contribution or distribution of such estate, may order the same to be made and enforce such order.-Section 43.

"The term 'will,' as used in this chapter, shall be so construed as to include all codicils attached to any will.— Section 44.

"All courts and others concerned in the execution of last wills shall have due regard to the direction of the will, and the true intent and meaning of the testator, in all matters brought before them.-Section 45.

"Words in this chapter contained, or in this act, which import the singular number only, may also be applied to the plural of persons and things, and words importing the masculine gender only may be extended to females also, when such construction shall be necessary.-Section 46.” Former acts and code provisions in conflict herewith, repealed.-Section 223.

No. 52-West Virginia.

[WEST VIRGINIA CODE, 1916, PAGES 968-973.]

Almost identical with Virginia.

No. 53-Wisconsin.

[WISCONSIN STatutes, 1917, Vol. 2, Chapter 103.]

Every person of full age and any married woman of eighteen years and upwards may dispose of any interest in real property by will.-Section 2277.

A devise of land is construed to convey all the estate of a devisor, unless a contrary intention appears.-Section 2278.

After-acquired estate passes by will, if such intention appears.-Section 2279.

Devisee of homestead takes free of all judgments and

claims, except mortgages, laborers' and mechanics' liens, but the homestead is subject to expenses of last illness, funeral expenses and cost of administration, if there is no widow or minor child, or other property than the homestead.-Section 2280.

Every person of full age, and every married woman of eighteen years, may dispose of personal estate by will. -Section 2281.

A will, except nuncupative, must be in writing and signed by the testator, or by some person in his presence, and by his express direction, and attested and subscribed in the presence of the testator by two or more competent witnesses, in the presence of each other.-Section 2282.

Subsequent incompetency of a witness does not affect the validity of a will if he was competent at the time of execution.-Section 2282.

A foreign will, executed according to the law of the place of execution, or of the testator's domicile, is of the same force as if executed according to the laws of Wisconsin, provided it be in writing and subscribed by the testator.-Section 2283.

A gift to subscribing witness, or the husband or wife thereof, is void unless there be two other competent witnesses.-Section 2284.

A creditor is a competent witness.-Section 2284.

If a witness or the husband or wife of a witness would have been entitled to any share of the estate in case the will was not established, so much of that share as would have descended or been distributed to such witness, or the husband or wife thereof, not exceeding the devise or bequest made to him in the will, is saved to him.-Section