not exceeding the devise or bequest made to him in the will, and he may recover the same of the other devisees or legatees named in the will in proportion to and out of the parts devised or bequeathed to them.-Section 5681.

Any estate, right or interest in lands acquired by the testator after the making of his will, passes thereby and in like manner as if title thereto was vested in him at the time of making the will, unless the contrary manifestly appears by the will to have been the intention of the testator. Every will made in express terms, devising or in any other terms, denoting the intent of the testator to devise, all the real estate of such testator passes all the real estate which such testator was entitled to devise at the time of his decease.-Section 5684.

No. 37-Ohio.

[OHIO GENERAL CODE, 1910.]

Any person of full age, of sound mind and memory, not under restraint, may make a will.-Section 10503.

Bequests to charitable purposes made by a testator leaving children or legal representatives of them, is invalid unless made one year prior to the death of the testator.-Section 504.

Except nuncupative wills, every will must be in writing, but may be handwritten or typewritten. It must be signed at the end by the testator, or by some person in his presence, and by his express direction, and be subscribed in his presence by two or more competent witnesses who saw the testator subscribe or heard him acknowledge it.-Section 10505.

Wills may be deposited in the office of the Judge of the Probate Court for safe keeping.-Section 10506.

Devise or bequest to a subscribing witness is void,

III Com. on Wills-46

but such witness may take the share to which he would have been entitled if the will were not established, not exceeding the bequest or devise to him.-Section 10515.

An authenticated copy of a will, executed and proved according to the laws of any state, has the same validity as wills made in the state.-Section 10535.

A will made out of the United States, may be allowed and admitted to probate in Ohio.-Section 10537.

A will may be revoked by tearing, cancelling, obliterating or destroying, or by another will or codicil or writing executed like a will.-Section 10555.

A will of an unmarried woman is not revoked by her subsequent marriage.-Section 10560.

If the testator had no children at the time of making his will, but afterwards has a child living or born alive after his death, the will is revoked unless provision has been made for such child by settlement or it is mentioned in the will.-Section 10561.

Destruction of a second will does not revive the first, unless the intention to revive appears, or the earlier will is republished.-Section 10562.

A will executed and proved according to the laws of any state or foreign country, relative to property in Ohio, shall be contested, but if such will be set aside in the jurisdiction wherein it is executed and proved, it shall be of no validity in Ohio.-Section 10577.

A verbal will made in the last sickness, is valid in respect to personal estate, if reduced to writing and subscribed by two competent disinterested witnesses within ten days after speaking the testamentary words, if it also be proved by such witnesses that the testator was of sound mind and memory, not under restraint and that he called upon some person present at the time the tes

tamentary words were spoken to bear testimony to such disposition as his will.-Section 10601.

No. 38-Oklahoma.

[REVISED LAWS, 1910.]

Every person over the age of eighteen years, of sound mind, may by last will dispose of all his estate, real and personal.-Section 8338.

A married woman may dispose of her separate estate without the consent of her husband and alter and revoke the will as if single.-Section 8339.

Every estate and interest in real and personal property to which the heirs, husband or next of kin may succeed may be disposed of by will; provided, that no marriage contract in writing has been entered into between the parties; no man while married shall bequeath more than two-thirds of his property away from his wife, nor shall any woman while married bequeath more than twothirds of her property away from her husband; provided, further, that no person who is prevented by law from alienating, conveying or encumbering real property while living shall be allowed to bequeath the same by will.— Section 8341.

No corporation can take by will unless specially authorized.-Section 8342.

To make a nuncupative will valid the estate must not exceed in value the sum of one thousand dollars. The will must be proved by two witnesses who were present at the making, one of whom was asked by the testator to bear witness that such was his will. The testator must at the time have been in actual military service, or doing duty on shipboard at sea, and in either case in actual contemplation, fear and peril of death, or he must have been

at the time in expectation of immediate death from an injury received the same day.-Section 8343.

A nuncupative will is not required to be in writing, nor to be declared or attested with any formalities.-Section 8344.

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 8345.

A will, the validity of which is made conditional by its own terms, may be denied probate, according to the event, with reference to the condition.-Section 8346.

A holographic will is one entirely written, dated and signed by the hand of the testator himself; it need not be witnessed, and may be made in or out of the state.-Section 8347.

Every will, other than a nuncupative will, must be in writing, and every will other than a holographic will must be subscribed at the end thereof by the testator himself, or by some person in his presence, and by his direction. The subscription must be made in the presence of the attesting witnesses and be acknowledged by the testator to them. The testator must at the time of subscribing or acknowledging declare to the attesting witnesses that the instrument is his will. 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 8348.

A witness to a will must write his place of residence, and the person who subscribes the testator's name by his direction must write his own name as a witness to the will, but omissions in these particulars do not affect the validity of the will.-Section 8349.

A will or revocation made without the state by a per

!

son not having domicile within the state is valid when executed according to the laws of the place where the same was made or in which the testator was domiciled.— Section 8351.

Change of domicile does not affect the validity of the will.-Section 8353.

A will may be delivered to the county judge for safekeeping.-Section 8354.

A will may be revoked by another will or writing, executed with the same formalities as a will, or by burning, tearing, cancelling, obliterating or destroying the same. -Section 8358.

A revocation by obliteration on the face is complete if a material part is so obliterated as to show an intention to revoke, but where an attempt to revoke is made in order to effect a new disposition, the revocation by altering or obliterating is not valid unless the new disposition is legally effected.-Section 8360.

A prior will is not revoked by subsequent will unless the latter contain an express revocation or provisions wholly inconsistent with the former will.-Section 8362.

A revocation of a subsequent will does not revive a former will unless intention to renew the former appears by the terms of the revocation or the prior will is republished.-Section 8363.

If a testator marries after making his will and has issue and the wife or issue survive him, the will is revoked unless the testator provided for such issue by settlement, or in his will, or in some way mentioned such issue therein as to show an intention not to make such provision; and no other evidence to rebut the presumption can be received. If after making his will the testator marries and the wife survives him, the will is revoked un