or obliterating, or by another will duly executed.-Section 17.

Creditors are competent witnesses.-Section 20.

No. 15-Indians.

Indians are under the protection of the federal government, as wards of the nation, owing no allegiance to the various states. See note on the subject, Vol. I., pp. 430-432.

No. 16-Indiana.

[BURNS' ANNOtated Statutes, REVISION OF 1914.]

All persons, except infants and persons of unsound mind, may dispose or bequeath real or personal property to any person or corporation capable of holding same.Section 3112.

Married women may make wills same as all other persons.-Section, 3113.

A will may be revoked by the testator, or by some other person in his presence, or by his direction, by destruction or mutilation, or a will may be revoked by a writing executed with the formalities required of wills. A revocation of later will will not revive a former revoked will, unless such intention appears.-Section 3115.

Will is revoked by subsequent birth of legitimate issue who survive the testator, or posthumous issue.-Section 3116.

Marriage revokes a will previously made.-Sections 3118, 3118a.

Contract for conveyance does not revoke a devise.Section 3119.

An encumbrance is not a revocation of a devise.-Section 3120.

Surviving issue of a deceased descendant beneficiary of testator takes in place of parent.-Section 3127.

Will, except nuncupative, must be in writing and signed by the testator, or by some one in his presence, with his consent, and attested and subscribed in his presence by two or more competent witnesses, and if the witnesses are competent at the time of attesting, a subsequent incompetency shall not prevent probate.-Section 3132. No nuncupative will is valid when more than the value of one hundred dollars is bequeathed, nor unless it be made in the last sickness of the testator and the subject thereof be reduced to writing within fifteen days after it shall have been declared and proved by two competent witnesses who shall have heard the testator request some of those present to bear witness thereto; and no such nuncupative will shall be proved after six months from the death of the testator, nor until his widow and' heirs shall have reasonable notice of the time and place of proving the same.-Section 3133.

A soldier in actual military service or a mariner at sea may dispose of his personal estate in his actual possession, and his wages, by nuncupative will.-Section 3134.

Any will that shall have been proven or allowed in any other state or foreign country may be proved.—Section 3149.

Such foreign will must be duly certified or a copy of such will and of the probate thereof shall be duly certified, and may be then admitted to probate in this state, with the same effect as if originally admitted to probate and recorded in this state.-Sections 3150, 3151.

No. 17-Iowa.

[IOWA CODE, 1897, AND SUPPLEMENT, 1913.]

Any person of full age, of sound mind, may dispose by will of all of his property, subject to the rights of homestead and exemption created by law, and the dis

tributive share given by law to the surviving spouse, but where the survivor is named as a devisee, it is presumed that such devise is in lieu of such distributive share, homestead and exemptions, unless a clear intention to the contrary appears. No devise or bequest to a corporation not organized for pecuniary profit shall be valid in excess of one-fourth of the testator's estate after payment of debts, if spouse, child or parent survive the testator.-Section 3270.

After-acquired property may be devised when the intention is clear and explicit.-Section 3271.

Personal property to the value of $300 may be bequeathed by a verbal will witnessed by two competent persons, but if such bequest is of greater value, it is valid only to that extent.-Section 3272.

A soldier in actual service, or a mariner at sea, may dispose of all his personal estate by a will so made and witnessed.-Section 3273.

All other wills must be in writing, signed by the testator, or by some person in his presence and by his express direction writing his name thereto, and witnessed by two competent persons.-Section 3274.

No subscribing witness can receive a benefit unless there be two competent witnesses beside himself, but he may receive such portion of the estate as he would have been entitled to inherit had there been no will, to the extent in value of the amount devised.-Section 3275.

Wills can only be revoked by cancellation or destruction, by the act or direction of the testator, or by the execution of subsequent wills. When done by cancellation the revocation must be witnessed in the same manner as the making of a new will.-Section 3276.

A will sealed up and indorsed may be deposited with

the clerk of the court, who shall file and preserve the same until the death of the testator, unless he sooner demands it.-Section 3277.

Legitimate child born after execution of will and neither provided for nor mentioned, take as in the event of intestacy.-Section 3279.

If a beneficiary die before testator, his heirs take in his place. Section 3281.

A will probated in any other state or country shall be admitted to probate in this state, without the notice required in the case of domestic wills, on production of a copy thereof, and of the original record of probate authenticated by the attestation of the clerk of the court in which such probation was made, or if there be no clerk, of the attestation of the judge thereof, and the seal of such officers if they have a seal.-Section 3294.

The rule or principle of the common law known as the "rule in Shelley's Case" is hereby abolished. No express devise, bequest or conveyance of an estate for life or other limited estate in real or personal property shall be enlarged or construed to pass any greater estate by reason of any devise, bequest or conveyance to the heirs of the body, children or issue of such devisee, legatee or grantee, provided that the passage of this act shall not in any manner or under any circumstances be so construed as to impair or affect vested rights of any persons in or to lands or estates acquired before the taking effect hereof.-Stats. of 1907, ch. 159.

[GENERAL STATUTES, MCINTOSH, 1915, CHAPTER 126.]

Any person of full age, and sound mind may make a will of real or personal property.-Section 11752.

A will must be in writing and signed at the end thereof by the testator, or some other person in his presence, and by his express direction, and attested and subscribed in his presence by two or more competent witnesses who saw the testator subscribe, or heard him acknowledge the same.-Section 11753.

Wills executed without the state according to law of place of execution or of domicile of testator, if in writing and subscribed by testator, are deemed legally executed. -Section 11754.

A will may be deposited for safekeeping with the judge of the probate court.-Section 11755.

A gift to a subscribing witness is void unless the will can be otherwise proven, but any share of a witness to which he would have been entitled in case the will was not established, is saved to him, not exceeding the bequest or devise given to him in the will.-Section 11763.

Authenticated copy of a will, executed and proved according to the law of any state or territory, may be admitted to record in Kansas.-Section 11779.

A will executed, proved and allowed in any state or country other than the United States and territories thereof, according to the laws of such foreign state or country, may be allowed and proved in Kansas.-Section 11780.

A copy of said will and the probate thereof, duly authenticated, must be produced and notice given by publication.-Section 11781.

Failure to produce a will for three years forfeits any devise to the person withholding.-Section 11785.

An agreement to convey is not a revocation.-Section

Encumbrance is not a revocation.-Section 11787.