WILLS

Unless otherwise mentioned, the age required of a testator is 21 years. The will must be signed by the testator or by some one in his presence and upon his directions, and in Arkansas, California, Kansas, Kentucky, Minnesota, Montana, New York, North Dakota, Ohio, Pennsylvania, South Dakota, and Utah the signing must be at the end. Holographic wills, allowed in some states, do not require witnesses. Frequently it is provided that a devise or bequest to a witness is void unless there be the requisite number of competent witnesses besides, or unless such devisee or legatee were entitled to share in the estate according to the intestate laws. A will made out of the state where it is offered for probate is usually valid if executed according to the laws of the state where made; but some states, as California, Georgia, Kentucky, Missouri, New Jersey, North Carolina, Oregon, Rhode Island, South Carolina, Tennessee, and Utah, require that the will to pass property within the state must be executed according to the laws of that state; in Georgia, Kentucky, Missouri, North Carolina, and Oregon, this provision applies to realty only. Many states have altered the common-law rule, so that now a will speaks from the death of the testator. It is frequently provided that a devise or bequest to a child or other descendant of the testator shall not lapse by the death of such devisee or legatee before the testator, if such devisee or legatee leave issue, unless a contrary disposition be made by the will.

Alabama. -A person over 18 years of age may make a will disposing of personal property. Two subscribing witnesses are required. An unwritten will of personal property is valid only when the property does not exceed $500 in value, and must be made during the testator's last illness and at his home. The persons present must be called on to witness that it is the testator's will, and it must be reduced to writing by one of the witnesses within 6 days thereafter.

Arizona. - Every person, although a minor, who has been lawfully married, being of sound mind, has power to make a will. Every will, except holographs, must be attested by two or more credible witnesses above the age of 14, in the presence of each other and the testator. A nuncupative will disposing of any amount of property is good if it be proved by three credible witnesses that the testator called on some person to take notice and bear testimony that such is his will, and that the testimony or the substance thereof was reduced to writing within 6 days thereafter. Such wills must be proved- within 6 months.

Arkansas. – Every person may dispose of goods and chattels by will at the age of 18. Women 18 years of age, or married, may thus dispose of all their property. Every will, except holographs, must be signed at the end by two attesting witnesses, and at the time of the signing or acknowledging the testator must declare the instrument to be his will. Holographs may be proved by three witnesses familiar with the handwriting; but such a will cannot be pleaded in bar of an attested will. If the testator fail to mention in his will any child, or the legal representative of such child, living at the time of executing the will, he shall as to such child be deemed to have died intestate. Nuncupative wills properly proved are good only for property of the value of $500.

California. - Every person over 18 years of age is qualified to make a will. Wills must be signed at the end by two attesting witnesses in the presence of the testator and of each other. A holographic will need not be witnessed. All devises or bequests to a subscribing witness are void unless there be two other subscribing witnesses. No will made out of this state is valid in this state, unless executed according to the provisions of the code. Nuncupative wills are valid when made by a person in expectation of immediate death from an injury received the same day.

Colorado. - Every person over the age of 17 may dispose of personalty by will; as to realty, the testator if a female must be 18, if a male, 21. Wills must be attested by two credible witnesses. Nuncupative wills may dispose of personalty, if made in the presence of two credible witnesses, and by them reduced to writing within a reasonable time afterwards.

Connecticut. - All persons of 18 years of age may dispose of their property by will. There must be three witnesses signing in the presence of the testator. Any gift to a subscribing witness, or the husband or the wife of such witness, is void, unless the beneficiary be an heir of the testator, or the will be otherwise legally attested.

Delaware. - There must be two subscribing witnesses. Nuncupative wills are good where the amount disposed of does not exceed $200. Such wills must be made during the last illness of the testator, in the presence of two or more credible witnesses, and be reduced to writing and attested by said witnesses within 3 days after.

District of Columbia. - Females are qualified to make a will at 18 years of age. To pass real estate, three attesting witnesses are required; none are required to pass personalty. Wills pass only the real estate owned by the testator at the time of execution, unless a contrary intent be expressly declared in the instrument.

Florida. - Two subscribing witnesses are required for wills dis posing of realty. Nuncupative wills are good as to personal property

if made during the testator's last illness, in the presence of three witnesses, some of whom were requested by the testator to bear witness to the fact of its being his will. When 6 months have passed after the speaking of said testamentary words no testimony shall be received to prove any nuncupative will, unless the said testimony, or the substance thereof, were reduced to writing within 6 days from the making of said will, and were sworn to before some judicial official of this state within the said days.

Georgia. - Wills must be attested by three or more competent subscribing witnesses. Foreign wills disposing of realty in this state must be executed in conformity with the laws of this state, but those disposing of personalty are good if executed according to the laws of the place where the testator was then resident. A will devising or bequeathing property for any religious or charitable use must be executed at least 90 days before death. Nuncupative wills are valid only when made in the presence of three witnesses, and must be reduced to writing within 30 days; and application must be made to probate the same within 6 months after the death of the testator.

Idaho. - Every person above the age of 18 may make a will. Wills must be attested by two witnesses who must sign at the request of the testator. Holographic wills need not be attested.

Illinois. - Females above 18 years of age are qualified to make a will. There must be two subscribing witnesses. If a witness have removed to parts unknown, be insane, or have died, his handwriting may be proved. Probating a will is not conclusive, but a bill in chancery may be filed within 3 years to set it aside. A nuncupative will is good if reduced to writing within 20 days after the making thereof, and within 10 days from the testator's death. It requires two witnesses who heard the testator pronounce the words, and two others who must testify that the will was written within said 10 days. No letters on such wills will be granted until after 60 days from the testator's death.

Indian Territory. - Persons over the age of 18 years are qualified to dispose of goods and chattels by will. The testator must sign at the end. Two attesting witnesses are required, who subscribe their names at the end of the will. Nuncupative wills, properly proven, are good as to property valued at $500.

Indiana. - A will must be attested by two subscribing witnesses. Nuncupative wills, where property of more than the value of $100 is bequeathed, are not valid, except as to personal property and the wages of soldiers and sailors in actual service. A nuncupative will must be reduced to writing within 15 days after it shall have been declared, and must be proved by two competent witnesses who shall have heard the testator request some of those present to bear witness thereto.

Iowa. - Females of the age of 18 are competent to make a will. Wills must be attested by two subscribing witnesses. Subscribing witnesses can derive no benefit from a will unless there be two competent subscribing witnesses without them. Property subsequently acquired may be devised, when the intention is clear and explicit. Personal property to the value of $300 may be bequeathed by a nuncupative will, if witnessed by two competent witnesses.

Kansas. - The testator must sign at the end of the will, which must be attested by two subscribing witnesses. Every will after probate is subject to contest by action in the district court within 2 years. 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 10 days after the speaking of the testamentary words, and if it be proved by said witnesses that the testator was of sound mind and memory, and not under any restraint, and called upon some one present at the time the words were spoken to bear testimony to such disposition as his will.

Kentucky. - The testator must sign at the end of the will. Except as to holographic wills, there must be two credible subscribing witnesses. If a foreign will be executed according to the laws of the testator's domici!, such a will is good as a will of personalty, but it is not good as a will of realty unless executed according to the laws of Kentucky.

Louisiana. - Wills are nuncupative, mystic or sealed, and holographic. Nuncupative wills by public act and mystic wills are executed before notaries and witnesses, and the forms prescribed are sacramental and must be observed under pain of nullity. A nuncupative will by private act is subject to very slight formalities, and it may be proved by evidence outside the instrument. For the holographic will no form is required, other than that it be entirely written, dated, and signed by the testator. All persons above 16 years of age and of sound mind can make valid testaments.

Maine. There must be three attesting witnesses who are not beneficially interested under the will, who subscribe the same in the presence of the testator and of each other.

Maryland. - Males may make a will of personalty after 14 years of age, of realty after 21 years of age; females, 12 years of age for personalty, 18 years of age for realty. A will or testamentary instrument is good in Maryland, if made according to the form required by the law of this state. If the testator were originally domiciled in Maryland, although at the time of making his will, or at the time of his death, domiciled elsewhere, said will shall be admitted to probate in any orphans' court in this state, and shall be governed and

construed according to the laws of Maryland, unless the testator shall declare a contrary intention in said will. No testamentary paper is subject to caveat or other objection to its validity, after the expiration of 3 years from the probate. No nuncupative will shall hereafter be valid in this state; but any soldier being in actual military service, or any mariner at sea, may dispose of his movables, wages, and personal estate as heretofore.

Massachusetts. -A will must be attested and subscribed in the testator's presence by at least three competent witnesses. A beneficiary under a will, or the husband or the wife of such beneficiary, is not a competent witness. If the testator leave a widow, she may within 6 months after the probate of will waive its provisions and become entitled to the same portion of his estate as if he had died intestate, except that she shall not take absolutely more than $10,000 in value of the personal estate, but only the income during her life of her share above said amount. If the testatrix be a married woman, her will shall not, without her husband's written consent, deprive him of his curtesy in her real estate or the right to the use during his life of one-half of her real estate, if they have had no issue born alive, or of more than one-half of her personal estate, or of her real estate not exceeding $5,000 in value. When a testator omits to provide in a will for a child, or issue of a deceased child, they take the same share they would have been entitled to if he had died intestate, unless they have been provided for by the testator in his lifetime, or unless it appear that the omission was intentional and not occasioned by accident or mistake. A soldier in actual military service or a mariner at sea may dispose of his personal estate by a nuncupative will.

Michigan. - There must be two subscribing witnesses. Where the testator fails to provide for any child or the issue of any child, unless it shall appear that such omission were intentional, he will be considered to have died intestate as to such child. A devise or a legacy to any child or relation of the testator shall go to the issue of such legatee or devisee, who shall die before the testator leaving issue, unless a different disposition shall be directed by the will. Wills must be presented to the probate court within 30 days after the testator's death.

Minnesota. - The testator must sign at the end. There must be two or more subscribing witnesses. Devises and bequests to subscribing witnesses are void, unless there be two other such competent witnesses.

Mississippi. - If the will be holographic, no witnesses are required; otherwise, it must be attested by two subscribing witnesses who act as such at the request of the testator. The statutes of mortmain are in force. A will may be probated in common or solemn form; if in