The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.Young, Andrew W. (Andrew White)
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The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.
Young, Andrew W. (Andrew White)
United States -- Politics and government -- Handbooks, manuals, etc.
§3. All persons of full age and sound mind, except married women, may
give and bequeath real and personal estate by a last will and testament.
In many of the states, personal estate may be willed at an earlier age.
In a few states, females at eighteen may make a will of real and
personal estate. In a few states, personal estate may be willed
verbally, if the will is within a specified time reduced to writing, and
subscribed by disinterested witnesses. In Ohio such will must be written
within ten days after the speaking of the testamentary words. A will of
this kind is called a _nuncupative_ will.
§4. In most of the states, laws have been enacted, allowing married
women to hold, in their own exclusive right, all the property, real and
personal, which they owned at the time of marriage, and which they may
acquire after marriage. (Chap. XLVIII, §8.) With the right of possession
is also given, it is presumed, the power of disposing of the property by
will.
§5. A will devising real estate must be subscribed by at least two, in
some slates three, attending witnesses, in whose presence the testator
must subscribe the will, or acknowledge that he subscribed it, and
declare it to be his last will and testament. If the testator is unable
to sign his will, another person may write the testator's name by his
direction; but he should sign his own name as witness to the will.
§6. A testator may revoke or alter his will by a later will or writing,
executed in the same manner. But the second will, to revoke the former,
must contain words expressly revoking it, or directing a different
disposal of the property. A will may also be revoked by a sale of the
property. And any alteration of the estate or interest of the testator
in lands devised, is held to be an implied revocation of the will. Lands
purchased after a will has been made, are not conveyed by it. As a
general rule, a will is also revoked by the subsequent marriage of the
testator and birth of a child, unless the wife and child have been
otherwise provided for. The will of an unmarried woman is revoked by her
marriage.
§7. By the statutes of some states, a child born after the death of the
testator, or born in his lifetime and after the making of the will,
inherits a share of the estate, as if the father had died intestate. In
some other states, the statute goes further, and gives the same relief
to all the children who are not provided for in the will, and who have
not had their portion in the parent's lifetime.
§8. A _codicil_ is an addition or a supplement to a will, and must be
executed with the same solemnity. It is no revocation of a will, except
in the precise degree in which it is inconsistent with it.
Public-domain text, read in full here on John Shaqi.
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