A will proved in another state or a foreign country, may be probated by a duly certified copy or exemplification, but it will be invalid as to any devise of real estate, unless executed according to the laws of North Carolina.-Section 3133.

Gift to child or issue of testator dying before testator passes to issue, if any, of the deceased beneficiary.-Section 3144.

After-born child for whom no provision is made takes by descent.-Section 3145.

No. 36-North Dakota.

[COMPILED LAWS, 1913.]

Every person over the age of eighteen years of sound mind may by last will dispose of all his estate, real and personal.-Section 5640.

A married woman may dispose of all her separate estate by will without the consent of her husband and may alter or revoke in like manner as if she were single. Her will must be executed and proved in like manner as other wills.-Section 5641.

Every estate and interest in real or personal property to which heirs, husband, widow or next of kin might succeed may be disposed of by will.-Section 5643.

A testamentary disposition may be made to any person capable by law of taking the property so disposed of, except that no corporation can take under a will, unless expressly authorized by statute so to take.-Section 5644.

To make a nuncupative will valid and to entitle it to be admitted to probate the following requisites must be observed:

1. The estate bequeathed must not exceed in value the sum of one thousand dollars.

2. It must be proved by two witnesses who were present at the making thereof, one of whom was asked by the testator at the time to bear witness that such was his will, or to that effect.

3. The decedent must at the time have been in actual military service in the field or doing duty on shipboard at sea and in either case in actual contemplation, fear or peril of death, or the decedent must have been at the time in expectation of immediate death from an injury received the same day.-Section 5645.

A conjoint or mutual will is valid, but it may be revoked by any of the testators in like manner with any other will.-Section 5646.

A will, the validity of which is made by its own terms conditional, may be denied probate, according to the event, with reference to the condition.-Section 5647.

An olographic will is one that is entirely written, dated and signed by the hand of the testator himself. It is subject to no other form and may be made in or out of this state and need not be witnessed.-Section 5648.

Every will, other than a nuncupative will, must be in writing; and every will, other than an olographic will and a nuncupative will, must be executed and attested as follows:

1. It must be subscribed at the end thereof by the testator himself, or some person in his presence and by his direction must subscribe his name thereto.

2. The subscription must be made in the presence of the attesting witnesses, or be acknowledged by the testator to them to have been made by him or by his authority.

3. The testator must at the time of subscribing or ac

knowledging the same declare to the attesting witnesses that the instrument is his will; and,

4. There must be two attesting witnesses, each of whom must sign his name as a witness at the end of the will at the testator's request and in his presence.Section 5649.

A nuncupative will is not required to be in writing, nor to be declared or attested with any formalities.-Section 5650.

A witness to a written will must write with his name his place of residence; and a person who subscribes a testator's name by his direction must write his own name as a witness to the will. But a violation of this section does not affect the validity of the will.-Section 5651.

The execution of a codicil, referring to a previous will, has the effect to republish the will as modified by the codicil.-Section 5652.

Will made out of the state by a non-resident is valid when executed according to law of place of execution or of the domicile of the testator.-Section 5653.

When a testator has a child born after the making of his will, either in his lifetime or after his death, and dies leaving such child unprovided for by any settlement and neither provided for nor in any way mentioned in his will, the child succeeds to the same portion of the testator's real and personal property that he would have succeeded to if the testator had died intestate.-Section 5674.

When any testator omits to provide in his will for any of his children or for the issue of any deceased child, unless it appears that such omission was intentional, such child or the issue of such child must have the same share in the estate of the testator, as if he

had died intestate, and succeeds thereto as above provided.-Section 5675.

When any share of the estate of a testator is assigned to a child born after the making of a will, or to a child, or the issue of a child, omitted in a will as herein before mentioned, the same must first be taken from the estate not disposed of by the will if any; if that is not sufficient, so much as may be necessary must be taken from all the devisees or legatees in proportion to the value they may respectively receive under the will unless the obvious intention of the testator in relation to some specific devise or bequest or other provision in the will would thereby be defeated; in such case such specific devise, legacy or provision may be exempted from such apportionment and a different apportionment, consistent with the intention of the testator, may be adopted.-Section 5676.

If such children or their descendants so unprovided for had an equal proportion of the testator's estate bestowed on them in the testator's lifetime, by way of advancement, they take nothing by virtue of the provisions of the three preceding sections.-Section 5677.

A written will can be revoked or altered:

1. By a written will or other writing of the testator, declaring such revocation or alteration and executed with the same formalities with which a will should be executed by such testator; or,

2. By being burnt, torn, cancelled, obliterated or destroyed, with the intent and for the purpose of revoking the same, by the testator himself, or by some person in his presence and by his direction.-Section 5660.

When a will is cancelled or destroyed by any other person than the testator, the direction of the testator and

the fact of such injury or destruction must be proved by two witnesses.-Section 5661.

If, after having made a will, the testator marries and has issue of such marriage, born either in his lifetime or after his death, and the wife or issue survives him, the will is revoked, unless provision has been made for such issue by some settlement, or unless such issue are provided for in the will, or in such way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of such revocation can be received.-Section 5666.

If after making a will the testator marries and the wife survives the testator, the will is revoked, unless provision has been made for her by marriage contract or unless she is provided for in the will or in such way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of revocation must be received.-Section 5667.

A will executed by an unmarried woman is revoked by a subsequent marriage and is not revived by the death of her husband.-Section 5668.

All beneficial devises, legacies or gifts whatever made or given in any will to a subscribing witness thereto are void, unless there are two other competent subscribing witnesses to the same; but a mere charge on the estate of the testator for the payment of debts does not prevent his creditors from being competent witnesses to the will. -Section 5680.

If a witness to whom any beneficial devise, legacy or gift, void by the preceding section, is made, would have been entitled to any share of the estate of the testator, in case the will should not be established, he succeeds to so much of the share as would be distributed to him,