An executor or a trustee may be a subscribing witness. -Section 35.

A will executed without the state in the manner prescribed by the law of the place of execution or of the testator's domicile, is deemed legally executed and of the same force as if executed according to the laws of this state, provided it be in writing and subscribed by the testator.— Section 36, amended 1911.

An exemplified copy of a foreign will in probate may be presented for filing and record.-Chapter 310, section 10.

Such will has the same force and effect as if originally allowed and proved in Rhode Island.-Chapter 310, Section 13.

No. 44 South Carolina.
[CIVIL CODE, 1912.]

Any person over twenty-one years of age, of sound mind, may make a will of real property.-Section 3563. A minor of eighteen years can make a will of personalty. Posey v. Posey, 31 Strob. 167.

A female over twelve years of age may make a will disposing of her property.-Major v. Hunt, 64 S. Car. 97.

All wills must be in writing, signed by the testator, or some other person in his presence, and by his express direction, and attested and subscribed in the presence of the testator, and of each other, by three or more credible witnesses.-Section 3564.

Estates pur autre vie are devisable by will in writing executed as mentioned in the preceding section.Section 3565.

A widow may bequeath by will the crop or crops standing on the grounds of her dower or on other lands planted for her use.-Section 3566.

A subscribing witness is not incompetent to prove a will because of a gift therein to him or her, or to the husband or wife of such witness, or by reason of any appointment therein of such witness to any trust, office or duty; and such gift shall be valid except so far as such gift exceeds in value any property to which such witness, or his or her wife or husband, would be entitled to if such will were not established, but is void as to the excess; and such appointment is valid, but the appointee shall not be entitled to compensation or commissions.-Section 3567. A creditor may be a subscribing witness.-Section 3568.

A will may be revoked by another will or codicil or writing, executed like a will, or by destruction or obliteration.-Section 3569.

A will is revoked by marriage and death of the testator, leaving widow or issue surviving, unless the will is made in contemplation of marriage, expressed in the will, and unless provision for future wife or child is made in the will.-Section 3570.

If no provision is made in the will for a posthumous child or children, they are entitled to an equal share of all estate given to the other child or children.-Section 3572.

The same law applies to other afterborn children.Section 3573.

Issue of a deceased child of testator takes testamentary gift in place of the deceased parent.-Section 3574.

Legacy by a married man to an illegitimate child or mistress of himself shall not exceed one-fourth of the clear value of his estate, after paying all his debts.Section 3575.

If a will has been regularly proved in any foreign

court, a due authentication of such will may be admitted to probate in South Carolina, upon the exemplification and certificate of the Judge of Probate.-Section 3583.

No nuncupative will shall be good where the estate bequeathed exceeds fifty dollars, that is not proved by the oaths of three witnesses at least, who were present at the making thereof, and bid by the testator to bear witness that such was his will; nor unless the will was made in the last sickness of the deceased and in the house where he or she shall die.-Section 3584.

No testimony shall be admitted to prove any nuncupative will after six months after speaking such testamentary words, unless such testimony, or the substance thereof, be committed to writing within six days after the making of the will, and then twelve months shall be allowed and no more for the probate of such will.-Section 3585.

A soldier in actual military service, or mariner at sea, may dispose of his movables, wages, and personal estate, as at the common law.-Section 3588.

A typewritten will is valid.-Section 3589.

No. 45-South Dakota.

[COMPILED LAWS, 1913, CITATIONS TO CIVIL CODE.]

Every person over eighteen years, of sound mind, may make a will.-Section 998.

A married woman may dispose of her separate estate, without the consent of her husband, by will.-Section 999.

Every estate and interest in real and personal property to which the heirs, husband and next of kin may succeed, may be disposed of by will.-Section 1001.

A corporation can not take by will unless expressly authorized by charter or statute.-Section 1002.

III Com. on Wills-48

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 in the field, 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 1003.

A conjoint or mutual will is valid, but may be revoked by any of the testators in like manner with any other will.-Section 1004.

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 1005.

A holographic will is one 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 the state and need not be witnessed. Every will, other than a nuncupative will, must be in writing, and every will, other than an olographic and nuncupative 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 or be acknowledged by the testator to them to have been made by him or by his authority. 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 1006.

A nuncupative will is not required to be in writing, nor to be declared or attested with any formalities.-Section 1007.

A witness to a will must write his name and place of residence, and the person who subscribes the testator's name must write his own name as a witness; but a violation of this does not affect the validity of the will.-Section 1008.

Execution of a codicil referring to a previous will, republishes the will.-Section 1009.

A will of real or personal property, or a revocation thereof, made out of the state by a person not having his domicile therein, is valid when executed according to the law of the place in which the same was made or the testator was at the time domiciled.-Section 1010.

Subsequent change of domicile does not affect either the will or revocation thereof.-Section 1012.

A will may be deposited with the county judge for safekeeping.-Section 1013.

A will may be revoked by written will, or another writing executed like a will, declaring such revocation, or by burning, tearing, cancelling, obliterating or destroying the same.-Section 1017.

Revocation by obliteration is complete if a material part is so obliterated as to show an intention to revoke, but where a revocation is attempted by alteration or obliteration in order to effect a new disposition, the revocation is not valid, unless the new disposition is legally effected.-Section 1019.

Revocation of one copy of a duplicate will revokes both. -Section 1020.