SECTION 3. Of Codicils. A Codicil is an addition or supplement to a will. It must be executed with the same number of witnesses, and, in all respects, with the same formalities and solemnities. The witnesses may be the same, or different ones, from those who attested the will. A will may have several codicils, but each must be executed with the same formalities, and attested by the requisite number of witnesses. A codicil, duly attested, may communicate the force and the effect of its attestation to a previous codici or unattested will, so as to render valid any devise contained in such prior unattested paper, when the several instruments are written on the same paper, and even when written on a separate paper, if it expressly refers to the prior instrument, but it neither revokes a will, nor in any degree affects it, except according to the express provisions which it contains, or unless it is inconsistent with the prior instrument. A will made by a person not of full age, or of unsound mind, or a married woman, and which is, on that account, invalid, may be rendered valid and effective by a codicil republishing it, executed after such disability is removed. SECTION 4. Of Revocation of Wills. A will, though duly made according to law, and in all respects as to its execution valid, in no case takes effect till the death of the testator. It may, therefore, at any time be revoked by him at his pleasure. To prevent the revocation of wills, by loose and uncertain testimony, it was provided by the English statute of frauds, that a revocation should be by another instrument, executed in the same manner and with the same formalities as a will, or else by burning, cancelling, erasing, or obliterating the will by the testator himself, or some one in his presence and by his direction. This statute has been substantially re-enacted in all our States. The testator, to revoke a will, must at the time be competent to make one, or the act of revocation will of itself be a nullity, and the burden of proving that the testator was of sound mind is upon the party setting up the revocation. Burning, tearing, &c., in a slight degree, with a declared intent to revoke, is a sufficient revocation. The mere declaration of an intent to revoke a will, unaccompanied by any act, is, of course, insufficient, and there may be a change of purpose, which will prevent an effective revocation, even when the act of destruction is partly accomplished: as, when a testator, while in a passion, tore his will twice through, when his arms were seized by a bystander and he became pacified by the concessions of the devisee; he then fitted the pieces of the torn will together, and remarked, "it's a good job it is no worse.' This was held not to amount to an effective revocation. As to partial revocation, by obliteration, &c., see 1 Jarman on Wills, 158, and cases cited; and as to evidence of declarations of the testator accompanying the act of revocation, see 1 Greenleaf's Evidence, Sec. 273; Cutts vs. Gilbert, 29 Eng. Law and Equity, 64. See also, a full collection of the cases upon this subject, in "Law and Practice of the Probate Courts," by Wm. L. Smith, Ch. 2, Sec. 6. A subsequent will, from which it clearly appears that the testator intended to revoke all former wills, either by an express declaration to that effect contained therein, or by reason of its inconsistency with the former, will be effective as a revocation. The burden is, however, on the party offering the second will, to show that it expressly revokes the former will, or has different contents. A class of revocations not affected by the English statute of frauds, or the similar statutes which have been enacted in this country, are those implied by law from changes occurring in the condition and circumstances of the testator subsequent to the execution of the will; such revocations being founded on the reasonable presumption, that the will would have been differently made under the different circumstances. Marriage and the birth of a child, whether the child be born before or after the death of the testator, will be an effective revocation. The question, what will amount to a revocation of a will, has been discussed in the cases James vs. Marvin, 3 Ct., 576; Lively vs. Haswell, 29 Ga., 509; Laughton vs. Atkins, 1 Pick., 535; Nelson vs. McGeffeir, 3 Barb. Ch., 158; Brown vs. Brown, 8 El. & Bl., 876; Kent, Com. Vol. 4, p. 627. FORMS. 1. BRIEF GENERAL FORM OF A WILL. I, James Jones, of Hartford in the State of Connecticut, hereby make this my last will and testament. First. I direct that my just debts be paid by my executors hereinafter named, as soon after my death as may by them be found convenient. Second. I give to my wife the dwelling house and land connected therewith and now occupied by us as a homestead, and all the furniture, pictures, ornaments, &c., contained therein, and used by us in connection therewith, and 15 shares of stock of the Hartford and New Haven Railroad Company. Third. I give to my son Joseph, all my real estate in Bloomfield, and $10,000 in cash. Fourth. I give to my daughter Jessie, all my stock in the Hartford and Phoenix Banks in Hartford, and four thousand dollars in cash, to be held by her to her sole and separate use, and to the use of her heirs and assigns, free from the interference and control of her husband. Fifth. I give to my daughter Jane, a life estate in my farm in East Hartford, and three cows, 2 yoke of oxen and 3 horses, now on said farm, and all the tools, implements and utensils, used in working the same, and three thousand dollars in cash. Sixth. I hereby appoint my son Joseph to be executor of this will. In testimony whereof I hereto set my hand, this 11th day of June, A. D. 1869. JAMES JONES. Signed and published as his last will by the said James Jones, in the presence of us, who in his presence and in the presence of each other have hereto subscribed our names as witnesses. AMOS BIRD, 2 Canton St., Hartford, JOHN ROSS, 3 Bellevue St., Hartford, 2. SAME, WITH PROVISIONS FOR MINOR CHILDREN, APPOINTMENT OF TRUSTEES, &C. I, Miner Holcomb, of New Britain, hereby make this my last will. After payment of my debts and personal charges, I devise, bequeath, and dispose of, my estate as follows, to wit: First, To my wife I bequeath my homestead in New Britain, with the wood lot used in connection therewith, to be held by her and her heirs forever. I also devise to her the use of $10,000, to be held and managed for her by my trustees hereinafter named, during her life, together with the right to select and appropriate to her own absolute use such articles of personal property as shall be of interest to her, not exceeding $6,000, at the appraisal value: the foregoing provision to be in lieu of her right of dower in my real estate. Second, I give and devise all the rest of the real estate of which I shall die seized, to my son James, to be held by him and his heirs to their use and behoof forever, together with the stock and farming utensils that shall be on my land or used in connection therewith, excepting only that used in connection with my homestead hereinbefore bequeathed to my wife. Third, I hereby appoint Simeon Johnson and Aner Sperry executors and trustees, to perform the trusts of this will; and I bequeath to them all my personal estate of every nature, except the articles, not exceeding $6,000 in value, which may be selected by my said wife, in trust, that they shall dispose of the same to the following uses and purposes; and I hereby authorize and empower them and the survivors of them, if in the performance of their trust it becomes in their judgment necessary or expedient, to sell at public or private sale in such manner as they shall deem most for the interest of all concerned, any part or all of the estate which shall come to their hands, and to invest and reinvest the proceeds at their discretion; provided, however, that they shall make no loan of money for any period exceeding one year, except upon the same securities which are required to be taken by savings banks, in pursuance of law. I direct my said trustees, after payment of debts, &c., as hereinbefore is provided, to appropriate the annual rental, income, and profits of the estate, which shall be in their hands, as follows, to wit:First, to pay over to my wife the net income of $10,000, to be kept on loan by them for this purpose during her natural life, free of all taxes and burdens whatsoever. Second, after payment, from year to year, to each of my trustees, of reasonable charges and expenses, I direct them to divide the remaining income arising from the estate in their hands equally between my daughters, Alice and Louisa, to their separate use, taking their separate receipt therefor, so long as my said wife shall live; and upon the death of my said wife, (if they shall have then attained the ages respectively of twenty-one years, and if not, when the younger of them shall have attained said age,) I direct them to transfer, assign, and pay over, to my said daughters, the net balance and remainder of the property and estate, which shall be in the hands of my said trustees at that time, equally dividing the same between them; such property and estate to vest in my said daughters to and for their sole use, in fee simple forever; and provided that if either of my said daughters shall die without issue and unmarried, before said estate shall be transferred to them as hereinbefore is provided, the share, which would have been hers, shall be equally divided between her brother and sister. If she shall be married, it shall be competent for her to direct by an instrument in writing, to be signed by her in the presence of three witnesses, how such portion as would |