less provision has been made for her by marriage contract, or unless she is provided for in the will.-Section 8364.

A will executed by an unmarried woman is revoked by subsequent marriage and not revived by death of her husband.-Section 8365.

A devise is not revoked by contract of sale of the devised property.-Section 8366.

Encumbrance of devised property is not a revocation. -Section 8367.

A partial disposition of property is not a revocation. -Section 8368.

But an inconsistent disposition or expression of intent to revoke, operates as a revocation.-Section 8369.

The revocation of a will revokes all its codicils.-Section 8370.

After-born, unmentioned and unprovided for children succeed as in case of intestacy.-Section 8371.

The same rule applies to children or issue of deceased children omitted from the will unless it appear that the omission was intentional.-Section 8372.

A devise is construed to devise all the estate of the devisor.-Section 8375.

Where a devisee being a child or relative of the testator, dies before the testator leaving lineal descendants, they take the estate so given by the will.-Section 8376.

A gift to subscribing witness is void unless there are two other competent subscribing witnesses.-Section 8377.

A creditor is a competent witness.-Section 8377.

A subscribing witness takes so much of the estate as would have been distributed to him, not exceeding the

devise or bequest made to him, in case the will were not established.-Section 8378.

Subsequent incompetency of a witness does not prevent the probate of the will.-Section 8379.

After-acquired property passes by the will unless the contrary intent appears.-Section 8380.

No. 39-Oregon.

[LORD'S OREGON LAWS, 1910.]

Every person of twenty-one years of age and upwards, of sound mind, may, by last will, devise all his estate, real and personal, saving to the widow her dower.-Section 7316.

Every person over the age of eighteen years, of sound mind, may, by last will, dispose of his goods and chattels.-Section 7317.

A married woman may, by will, dispose of any real estate held in her own right, subject to any rights which her husband may have as tenant by the curtesy.-Section 7318.

Every will must be in writing, signed by the testator, or by some other person under his direction, in his presence, and be attested by two or more competent witnesses, subscribing their names to the will, in the presence of the testator.-Section 7319.

Every person who signs the testator's name to any will by his direction shall subscribe his own name as a witness to such will, and state that he subscribed the testator's name at his request.-Section 7320.

If after making a will disposing of the whole estate of the testator, such testator marry and die, leaving issue by such marriage living at the time of his death, or leave issue of such marriage born to him after his death, such

will is deemed revoked, unless provision shall have been made for such issue by some settlement or unless such issue be provided for in the will, and no evidence may be received to rebut the presumption of such revocation.— Section 7321.

A will made by an unmarried person is deemed revoked by his or her subsequent marriage.-Section 7322.

A bond, covenant, or agreement made for a valuable consideration by a testator, to convey any property devised or bequeathed in any last will previously made, is not deemed a revocation of such previous devise or bequest, either in law or equity; but such property passes by the devise or bequest, subject to the same remedies on such bond, covenant, or agreement, for the specific performance or otherwise, against devisees or legatees, as might be had by law against the heirs of the testator or his next of kin, if the same had descended to them.Section 7323.

A charge or incumbrance upon any real or personal estate, for the purpose of securing the payment of money or the performance of any covenant or agreement, shall not be deemed a revocation of any will relating to the same estate previously executed; the devises and legacies therein contained shall pass and take effect, subject to such charge or incumbrance.-Section 7324.

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, or the death of the testator, 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 7325.

If such child or children, or their descendants, shall have an equal proportion of the testator's estate bestowed on them in the testator's lifetime by way of advancement, they shall take nothing by virtue of the provisions of the preceding section.-Section 7326.

When any estate shall be devised to any child, grandchild, or other relative of the testator, and such devisee shall die before the testator, leaving lineal descendants, such descendants shall take the estate, real and personal, as such devisee would have done in case he had survived the testator.-Section 7327.

If after making any will the testator shall duly make and execute a second will, the destruction, cancelling, or revocation of such second will shall not revive the first will, unless it appear by the terms of such revocation that it was his intention to revive and give effect to the first will, or unless he shall duly republish his first will.Section 7328.

Any mariner at sea, or soldier in the military service, may dispose of his wages or other personal property as he might have done by common law, or by reducing the same to writing.-Section 7329.

No proof shall be received of any nuncupative will unless it be offered within six months after speaking the testamentary words, nor unless the words, or the substance thereof, were reduced to writing within thirty days after they were spoken.-Section 7330.

No probate of any nuncupative will shall be granted

for fourteen days after the death of the testator; nor. shall any nuncupative will be at any time proved, unless the testamentary words, or the substance thereof, be first committed to writing, and a citation issued, accompanied with a copy thereof, to call the widow or next of kin of the deceased, that they may contest the will if they think proper.-Section 7331.

Any person not an inhabitant of, but owning property, real or personal, in this state may devise or bequeath such property by last will executed (if real estate be devised) according to the laws of this state, or if personal property be bequeathed, according to the laws of this state, or of the county, state, or territory in which the will may be executed.-Section 7332.

If such will be probated in any other state or territory of the United States, or in any foreign country or state, copies of such will and of the probate thereof, certified by the clerk of the court in which such will was probated, with the seal of the court affixed thereto, if there be a seal, together with a certificate of the chief judge or presiding magistrate that the certificate is in due form and made by the clerk or other person having the legal custody of the record, shall be recorded in the same manner as wills executed and proved in the state of Oregon, and shall be admitted in evidence in the same manner and with like effect.-Section 7333.

Any such will may be contested and annulled in the same way as wills executed within the state.-Section 7334.

If any person has attested or shall attest the execution of any will, to whom any beneficial devise, legacy, estate, interest, gift, or appointment of or affecting any real or personal estate, other than or except charges in