by the laws prescribing the qualifications of witnesses to give evidence in court or out of court, in this state.Section 5862.

In the execution of all wills two or more witnesses shall be sufficient.-Section 5863.

Persons becoming heirs, and those receiving benefits or legacies, by will, can not be witnesses to the will in which they are interested.-Section 5865.

The witnesses to a written will must be present, see the testator sign the will, or some one sign it for him at his request as and for his last will and testament, and must sign as witnesses at his request in his presence and in the presence of each other.-Section 5866.

Any will may be revoked by the testator by an instrument in writing, executed and attested in the same manner as is required by law for the execution and attestation of a will, by which instrument the maker distinctly refers to such will and declares that he revokes it; or such will may be revoked by the making of a subsequent valid will disposing of the same property covered by the first will, although no reference be made in the later will to the existence of the earlier one.-Section 5867.

If a person having made a first will, should make a second, annulling the first, and afterward annuls the second, the first will is not thereby made valid, unless the ▸ validity of the first will be acknowledged.-Section 5868.

No. 34-New York.

[CONSOLIDATED LAWS, 1909, CHAPTER 18, ARTICLE 1.]

All persons except idiots, persons of unsound mind and infants may devise real property.-Section 10.

Every estate and interest in real property descendable to heirs, may be devised.-Section 11.

No devise to a corporation is valid unless it is expressly authorized by its charter to take the same.-Section 12.

Every devise of any interest in real property, to a person who, at the time of the death of the testator, shall be an alien, not authorized by statute to hold real estate, shall be void. The interest so devised, shall descend to the heirs of the testator; if there be no such heirs competent to take, it shall pass under his will to the residuary devisees therein named, if any there be, competent to ake such interest.-Section 13.

A devise denoting an intent to pass all real property shall be construed to pass all real estate owned by the testator at the time of his death.-Section 14.

Every male of eighteen and every female of sixteen, or upward, of sound mind and memory, may dispose of his or her personalty by will in writing.-Section 15.

No nuncupative will is valid, except made by a soldier in actual military service or mariner at sea.-Section 16. No person having a husband, wife, child or parent may give more than one-half of his estate to any benevolent, charitable, literary, scientific, religious or missionary association or corporation. Such bequests are valid to the extent of one-half of the estate, but no more.-Section 17.

Every will of realty or personalty shall be executed and attested as follows: (1) It shall be subscribed by the testator at the end of the will. (2) Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him, to have been so made, to each of the attesting witnesses. (3) The testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare

1

the instrument so subscribed, to be his last will and testament. (4) There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator.Section 21.

Witnesses shall write opposite their names their respective places of residence; and every person who shall sign the testator's name to any will by his direction, shall write his own name as a witness to the will. Any one failing to comply with these provisions shall forfeit fifty dollars, recoverable by suit by any interested party; but such omission shall not affect the validity of any will, nor shall any person liable to the penalty be excused or incapacitated thereby from testifying as to the execution of the will.-Section 22.

A will of real or personal property, executed as prescribed by the laws of the state, or a will of personal property executed without the state, and within the United States, the Dominion of Canada, or the Kingdom of Great Britain and Ireland, is prescribed by the laws of the state or country where it is or was executed, or a will of personal property executed by a person not a resident of the state, according to the laws of the testator's residence, may be admitted to probate in this state. -Section 23.

Where a testator leaves surviving him a child born after the making of his last will, and such after-born child is left unprovided for by any settlement, and is neither provided for nor mentioned in such will, he takes the same share of the estate as if his parent had died intestate.-Section 26.

A devise to a subscribing witness whose testimony is necessary to prove the will, is void, unless such witness

would have been entitled to share in the estate in case the will was not established, in which case he takes so much as would have descended to him, not exceeding the value of the devise or bequest made to him in the will.— Section 27.

A gift to a child or other descendant of testator, or to his brother or sister, who may die before testator leaving issue or descendants, does not lapse but passes to such issue or descendants.-Section 29, Amendment of 1912.

Wills may be deposited with the county clerk, registrar of deeds or surrogate.-Section 30.

Wills are revoked by another will, or writing, executed with the same formalities as the will, or by burning, tearing, cancelling, obliterating or destroying.-Section 34.

The will of a male who marries after its execution and has issue born and the wife or such issue survive him, shall be deemed revoked unless provision shall have been made for such issue by some settlement or provided for or mentioned in said will as to show an intention not to make such provision; and no other evidence to rebut the presumption of such revocation shall be received.-Section 35.

A will of an unmarried woman is revoked by her subsequent marriage.-Section 36.

Cancellation of a second will will not revive the first, unless the contrary intention appears, or unless the former is republished.-Section 41.

A copy of a will admitted to probate in another state or foreign country may be proved in New York by exemplified copy.-Section 44.

No. 35-North Carolina.

[PELL'S REVISAL, 1908.]

Testator must be twenty-one years of age.-Section

3111.

Married woman may make a will.-Section 3112.

No will shall be sufficient to convey real or personal estate unless written in the testator's lifetime and signed by the testator or by some other person in his presence, and by his direction, and subscribed in his presence by at least two witnesses, no one of whom shall be interested in the devise or bequest of said estate, except as hereinafter provided; or, unless such will be found among the valuable papers and effects of any deceased person, or shall have been lodged in the hands of some person for safekeeping, and shall be in the handwriting of such deceased person with his name subscribed thereto or inserted in some part of such will; and if such handwriting be proved by three credible witnesses who verily believe such will and every part thereof to be in the handwriting of the person whose will it appears to be then such will shall be sufficient to convey realty and personalty.-Section 3113.

Will is revoked by another will, or codicil or writing, or by burning, cancelling, tearing or obliterating.-Section 3115.

All wills are revoked by subsequent marriage of the maker, except a will made in exercise of the power of appointment.-Section 3116.

An executor is a competent witness.-Section 3119.

A bequest to a witness or the husband or wife of a witness is void.-Section 3120.

A will proved in another state and made by a citizen of North Carolina, may be proved in this state by a certified copy.-Section 3130. .