person would have, according to the law and practice of the court, a prior claim to be so appointed."

No. 64-British Columbia.

[REVISED STATUTES, 1911, Chapter 241.]

All property may be disposed of by will. This power extends to real estate of the nature of customary freehold or tenant right, or customary or copyhold, estates pur autre vie, contingent and executory interest, rights of entry, and also property acquired subsequently to execution of the will.-Section 3.

No person under the age of twenty-one years may make a will.-Section 5.

Wills must be in writing and signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction, and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and subscribe the will in the presence of the testator.-Section 6.

A signature to a will is valid if so placed at or after or following, or under or beside or opposite to the end of the will, that it shall be apparent on the face of the will that the testator intended to give effect by such signature to the writing signed as his will.-Section 7.

Appointments by will in the exercise of a power must be executed like other wills.-Section 8.

A soldier in actual military service or a mariner at sea may dispose of his personal estate as at the common law. -Section 9.

A will executed in the manner before stated requires no other publication.-Section 10.

Incompetency of an attesting witness does not affect the validity of the will.-Section 11.

A gift to an attesting witness, or his wife or her husband, is void, but witness may prove the will.-Section 12. A creditor is a competent witness.-Section 13.

An executor is a competent witness.-Section 14.

A will is revoked by the subsequent marriage of the testator, except a will made in exercise of a power of appointment.-Section 15.

No will shall be revoked by presumption of intention on the ground of alteration in circumstances.-Section 16. A will may be revoked by another will or codicil, or writing executed like a will, or by burning, tearing or destroying.-Section 17.

No obliteration, interlineation or other alteration made in any will after the execution thereof shall be valid unless executed in the manner required of wills; but such alterations are deemed duly executed if the signature of the testator and subscription of witnesses be made in the margin or on some other part of the will opposite or near to such alteration, or at the foot or end or opposite to a memorandum referring to such alteration.-Section 18.

No will which has been revoked can be revived otherwise than by re-execution, or by a codicil intended to revive it.-Section 19.

A devise is not rendered inoperative by any subsequent conveyance or other similar act.-Section 20.

A will is construed to speak as of the date of the death of the testator.-Section 21.

A gift to a child or other issue who dies before the testator does not lapse, but passes to any child or issue

of such child living at the time of the death of the testator.-Section 30.

An attesting witness may prove the execution of a will by a declaration before justice of the peace or a notary public.-Section 32.

No. 65-Manitoba,

[REVISED STATUTES OF 1913, CHAPTER 204.]

All real estate and personal property may be disposed of by will.-Section 3.

The person making the will must be over the age of twenty-one years.-Section 4.

A will must be in writing and signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction, and such signature must be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and subscribe the will in the presence of the testator.-Section 5.

Section 6 is the same as section 1 of the statute of 15 and 16 Victoria, ch. 24. See ante, Acts of Brit. Parl.

An appointment by will in the exercise of any power must be executed in the same manner as a will.-Section 7.

A soldier in military service, or a mariner at sea, may dispose of his personal estate as at the common law.— Section 8.

Publication of will not required.-Section 9.

A holographic will, entirely written and signed by the testator, does not require any attesting witness.-Section 10.

The fact that a witness is incompetent to prove the execution does not invalidate the will.-Section 11.

A devise to a witness, or to the husband or wife of a witness, does not affect the validity of the will, but such devise is void.-Section 12.

A creditor or wife or husband of a creditor is competent to witness a will.-Section 13.

An executor is a competent witness.-Section 14.

Marriage of a testator revokes the will, except a will made in the exercise of a power of appointment.-Section 15.

The provisions as to revocation and alterations are the same as in British Columbia, being taken from the statute of 1 Victoria, ch. 26.

No. 66-New Brunswick.

[CONSOLIDATED STATUTES, 1903, CHAPTER 160.]

All property may be disposed of by will, including estates pur autre vie, contingent interest, rights of entry and property acquired after execution of the will.-Section 1.

No will made by a person under twenty-one years is valid.-Section 3.

No will is valid unless in writing, and signed at the foot or end thereof by the testator, or some other person in his presence and by his direction, and such signature be made or acknowledged by the testator in the presence of two or more witnesses present at the same time who shall attest and subscribe the will in the presence of the testator and of each other.-Section 4.

An appointment by will must be executed in the same manner as a will.-Section 5.

A will executed in the manner prescribed requires no other publication.-Section 7.

A will is not invalid on account of the incompetency of the witnesses.-Section 8.

A gift to an attesting witness, or her husband or his wife, is void unless there are two other witnesses to whom, or to whose wives, there is no gift.-Section 9.

A creditor is a competent witness.-Section 10. An executor is a competent witness.-Section 11. A will is revoked by marriage, except a will made in the exercise of a power of appointment.-Section 12.

A will may be revoked by another will or codicil, or writing, executed in the same manner as a will, or by burning, tearing or destroying.-Section 14.

An alteration, obliteration or interlineation to be effective must be executed in the same manner as a will.Section 15.

A will may be revoked by another will or codicil, or re-execution or by a codicil.-Section 16.

Will speaks as of date of testator's death.-Section 18. No conveyance or other act, after the execution of the will, shall prevent the operation of the will with respect to such estate as the testator may have power to dispose of at the time of his death.-Section 19.

A gift to a child who dies before the testator but leaving issue surviving the testator, does not lapse, but passes to such issue.-Section 27.

A married woman may make a will without the consent of her husband.-Section 28.

A will by a British subject made out of the province, is valid as to personal estate, if executed according to the laws of the place where it was made, or the law of the domicile of the maker, or by the laws then in force in that part of His Majesty's dominions where he had his domicile of origin.-Section 29.