The preceding section does not prevent revocation by implication because of alteration in circumstances of testator.-Section 15. A soldier in actual military service, or a mariner or seaman at sea, may dispose of his movables and personal estate as at common law.-Section 16. No nuncupative will is valid where the personal estate bequeathed exceeds $100, unless declared in the presence of three witnesses who are requested by the testator to bear witness thereto, in his last sickness and in his usual dwelling, except when he was taken sick from home and died before his return; nor unless a memorandum thereof was reduced to writing within six days and presented for probate within six months from the making thereof.Section 17. A will may be deposited with the Registrar of Probate.-Section 19. A foreign will may be probated by duly authenticated copy of the will and of the probate thereof.-Chapter 187, section 13. No. 32-New Jersey. [COMPILED STATUTES, 1911, VOL. 4, PAGE 5861.] Estates pur autre vie are devisable by will in writing, published and signed by the testator, in the presence of three subscribing witnesses, and proved and recorded according to the act of March 17, 1734.-Section 1. A will is revocable only by some other will or codicil or writing declaring the same, or by burning, cancelling, tearing or obliterating, and the writing revoking must be signed in the presence of three or more subscribing witnesses.-Section 2. A will of realty can not be made by a married woman, a person within the age of twenty-one years, or an idiot, lunatic, or a person of unsound mind.-Section 3. A devise or bequest to subscribing witness is void.Section 4. A creditor is competent to be a witness.-Section 5. All persons may bequeath personal property as they could have done before the passage of the act. They must be of the age of twenty-one.-Sections 11, 28. A widow may bequeath the crop of her ground, as well of her dower as of other lands.-Section 12. No nuncupative will is good where the estate bequeathed exceeds the value of $80, unless the same be proved by the oaths of three witnesses who were present at the making thereof and requested by the testator to bear witness, nor unless such will was made at the time of the last sickness of the deceased and in his house or where he had been a resident for ten days before the making of the will, except where he was surprised or taken sick being from his own home and died before he returned to the place of his dwelling.-Section 13. After six months have passed after speaking the testamentary words, no testimony shall be received to prove any nuncupative will, except the testimony or the substance thereof was committed to writing within six days after the making of such will.-Section 14. Nuncupative will can only be proved after fourteen days from the death of the testator, and after notice to the widow or next of kin.-Section 15. No will in writing concerning personalty can be revoked or altered by an oral will, except it be in the lifetime of the testator committed to writing, read to the testator, allowed by him and proved by at least three witnesses to have been so done.-Section 16. Soldiers in actual military service and mariner or seaman at sea, may dispose of movables, wages and personal estate as at common law.-Section 18. A will made when the testator has no issue living, and not providing for any future issue, is void if children are afterwards born, either in the lifetime of the testator, or subsequent thereto.-Section 20. If the testator has children living at the time of making a will, after-born children not provided for or mentioned in the will take as if the father had died intestate, and the legatees and devisees must contribute proportionately.-Section 21. Wills must be in writing, signed by the testator or the making of the signature acknowledged by him and declared to be his will in the presence of two witnesses present at the same time, who shall subscribe their names thereto as witnesses in the presence of the testator.Section 24. A written revocation of a will must be executed in the same manner as a will.-Section 25. After-acquired property passes by the will, unless the contrary intention be manifest on the face of the will.Section 26. That in any devise or bequest of real or personal estate in the will of any person dying after this act shall take effect, the words "die without issue," or "die without lawful issue," or "have no issue," or any other words which may import a want or failure of issue of any person in his lifetime, or at his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue, in the lifetime or at the death of such person, and not an indefinite failure of issue, unless a contrary intention shall otherwise appear by the will.-Section 27. No. 33-New Mexico. [STATS. ANNOT. 1915.] Any person of the age of twenty-one years or upwards, and in sound mind, may dispose by will of all his property, except what is sufficient to pay his debts and what is given by law as privileged property to his wife or family.-Section 5857. A will executed in any foreign jurisdiction sufficient to convey title to real estate therein, is valid to the same extent in New Mexico.-Section 5858. Any person capable of making a will may empower and authorize any other intelligent and well qualified person to make his last will and testament, and to dispose of his property; but in granting said power, the same qualifications required for the validity of a will and said. power shall be inserted therein.-Section 5859. The person receiving said authority shall not go beyond the powers therein specified, in reference to the institution of heirs, legacies, and nothing more.-Section 5860. Any person capable of making a will would do better by making it in writing than verbally, but a verbal will may be valid, on condition, that in either case they give it all the validity possible, as well as the freeness of the will, the proof of soundness of mind and entire judgment.-Section 5861. A verbal will shall be attested by the same number of witnesses required for the written ones, and besides, two witnesses, there being no more, possessing the same qualifications as required for the written will, to testify that the testator, male or female, was in possession of a sound mind and entire judgment.-Section 5864. Foreigners have full power and authority to acquire or hold real estate by will, inheritance or otherwise.Section 4772. Upon the death of the husband, one-half of the community property goes to the surviving wife; the other half is subject to the testamentary disposition of the husband.-Section 1841. Upon the death of the wife, the entire community property, without administration, belongs to the surviving husband, except such portion of the community property as may be set apart to her by judicial decree for her support and maintenance, is subject to her testamentary disposition and in the absence of such disposition goes to her heirs, exclusive of her husband.-Section 1840. No devise or bequest to a charitable or religious use shall be valid unless embraced in a written will duly executed.-Section 5869. If any person make his last will and die, leaving a child or children, or descendants of such child or children, in case of their death, not named or provided for in such will, although born after the making of such will, every such testator, so far as shall regard such child or children, or their descendants not provided for, shall be deemed to die intestate; and such child or children, or their descendants, shall be entitled to such proportion of the estate of the testator, real and personal, as if he had died intestate; and the same shall be assigned to them, and all the other heirs, devisees, and legatees shall refund their proportional part.-Section 5870. The will shall have all the validity required in section 5861, and when made in writing, it shall be signed by the testator, who, if unable or not knowing how to sign, shall request some reliable person to sign for him, and it shall be attested by able and qualified witnesses as provided I |