the testator, or by some other person in his presence and by his express direction, and attested and subscribed in the presence of the testator by two or more witnesses.Section 2272.

Devise of lands can be revoked only by will or codicil in writing, or by an instrument of revocation, or by burning, cancelling, tearing or obliterating.-Section 2273.

Wills of personal property must be in writing, signed by the testator, or some person in his presence and by his express direction.-Section 2274.

A will of personal property can not be revoked by words or will by words of mouth unless the same be committed to writing in the life of the testator and be read to and allowed by him, and the same be proved by three disinterested witnesses.-Section 2275.

Nuncupative will must be proved by the oaths of three witnesses present at the making thereof, and it must be shown that the testator desired the persons present, or some of them, to bear witness that such was his will, and such will must be made in the time of the last sickness of the deceased.-Section 2276.

Nuncupative will must be reduced to writing, and sworn to before some judicial officer within six days of the execution of the will, and proved within six months after the speaking of the testamentary words.-Section 2277.

No nuncupative will can be probated until after sixty days after death of testator and upon notice to widow and next of kin.-Section 2278.

Probate of wills conforming to the law in Florida in form and manner of execution, duly obtained and granted by any court in the United States, or any foreign country,

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4

in relation to property in Florida, shall be admitted to record in the county judges' court.-Section 2287. An alien may devise and bequeath.-Section 2291.

No. 11-Georgia.

[PARK'S ANNOTATED CIVIL CODE, 1914.]

Mutual wills may be made either separately or jointly, and in such case the revocation of one is the destruction of the other.-Section 3830.

Every person, except infants under fourteen years and insane persons, except during lucid intervals, may make a will.-Sections 3838, 3839, 3840.

Conviction of crime does not deprive a person of the power to make a will.-Section 3843.

Deaf, dumb and blind persons may make wills.-Sec

tion 3844.

Wills, except nuncupative, must be in writing, signed by the party making the same, or by some other person in his presence and by his express direction, and attested and subscribed in the presence of the testator by three or more competent witnesses.-Section 3846.

A witness may attest by mark, but one witness can not subscribe the name of the other.-Section 3847.

If the subscribing witness is also a legatee or devisee, he is competent, but the legacy or devise is void, but a husband may be a witness to a will in which a legacy creating a separate estate is given to his wife.-Section

3849.

No person leaving a wife or child, or descendants of a child, shall by will devise more than one-third to charity to the exclusion of such wife or child, and in all cases the will containing such devise shall be executed at least

III Com. on Wills-42

ninety days before the death of the testator, or such devise is void.-Section 3851.

After a foreign will is admitted to probate in the state or country in which the testator was a resident at the time of his death, it may be admitted to probate upon production of an exemplification of the probate proceedings duly certified.-Sections 3875, 3876.

A will may be expressly revoked by a writing revoking the same, or impliedly by an inconsist will.-Section 3917. An express revocation by a writing must be executed with all formalities required for the execution of wills. Destroying a will revoking a former will does not revive the former unless subsequently republished, which may be proved by parol.-Section 3918.

Express revocation may be effected by destroying the original will or a duplicate.-Section 3919.

Marriage of a testator or the birth of a child to him, is revocation of the will, unless provision is made in contemplation of such event.-Section 3923.

Nuncupative will must be proved by the oaths of three competent witnesses, who are proved to have been bidden by the testator to bear witness to the will. Such nuncupative will must be made in the time of the last sickness of the deceased, and in the house of his habitation or dwelling, or where he had been a resident for ten days or more next before the making of such will, except where such person was surprised or taken sick being from his own home and died before returning to the place of his dwelling.-Section 3925.

Probate of nuncupative will must be made within six months after the death of the testator, and the substance of the will reduced to writing within thirty days after the speaking of the same.-Section 3926.

All property, real and personal, may pass by nuncupative will.-Section 3928.

The word "heirs," or its equivalent, is not necessary to create an absolute estate; but every conveyance, properly executed, shall be construed to convey the fee, unless a less estate is mentioned and limited in such conveyance. If a less estate is expressly limited, the courts shall not, by construction, increase such estate into a fee, but, disregarding all technical rules, shall give effect to the intention of the maker, as far as the same is lawful, if the same can be gathered from its contents; and if not, in such cases the court may hear parol evidence to prove the intention.-Section 3659.

Limitations over to "heirs," "heirs of the body," "lineal heirs," "lawful heirs," "issue," or words of similar import, shall be held to mean "children," whether the parents be alive or dead; and under such words, children and the descendants of deceased children, by representation, in being at the time of the vesting of the estate, shall take.-Section 3660.

Estates tail are prohibited and abolished and converted into fees simple; and limitations which created estates tail by implication give life estate to first taker with remainder in fee to his children or descendants.-Section 3661.

No. 12-Hawaii.

[REVISED LAWS OF 1915.]

Every person over eighteen, of sound mind, may dispose of his estate, real and personal.-Section 3258.

A married woman may dispose of all property belonging to her, in her own right.-Section 3259.

A will must be in writing, signed by the testator, or by some person in his presence and by his express direc

tion, and attested by two or more competent witnesses subscribing their names in the presence of the testator.Section 3260.

Subsequent incompetency of a subscribing witness does not invalidate the will.-Section 3261.

Gift to a subscribing witness is void unless there are two other competent subscribing witnesses, but a creditor may be a competent witness.-Section 3262.

An heir may act as subscribing witness and take so much of the share as would otherwise have come to him, as will not exceed the devise or bequest made him in the will.-Section 3263.

A will may be revoked by burning, tearing, cancelling or obliterating, or by another will in writing duly executed.-Section 3264.

Destruction of a second will will not revive a prior will, unless the prior will be duly republished.-Section 3265.

Marriage of a man and the birth of a child revoke his will unless provision is made therein for such contingency.-Section 3266.

Will of an unmarried woman is, revoked by her subsequent marriage.-Section 3267.

No. 13-Idaho.

[REVISED CODES, 1908.]

Every person over the age of eighteen years, of sound mind, may by last will dispose of all of his estate, real and personal.-Section 5725.

A married woman may dispose of all her separate estate by will, without the consent of her husband, and may alter or revoke the will in like manner as if she were single. Her will must be attested, witnessed, and proved in like manner as all other wills.-Section 5726.