A will executed within the provinces by a Britsh subject, of whatever domicile, is valid as to personal estate, if executed according to the laws of the province.-Section 30.

No will is invalidated by subsequent change of domicile of the maker.-Section 31.

No. 67-Newfoundland.

[CONSOLIDATED STATUTES, 1892, CHAPTER 79.]

No will shall be valid unless it be in writing, nor unless it be either in the handwriting of the testator and signed by him, or if not so written and signed, be signed by him in the presence of at least two witnesses, who shall in the presence of the testator, sign the same as witnesses. If the will is made by a marksman, it must have first been read over to the testator, in the presence of the witnesses, but any seaman or fisherman being at sea may dispose of his property as at the common law.-Section 1.

No will is valid if made by a person under the age of seventeen years.-Section 2.

Appointment made by will must be executed in the same manner as a will.-Section 3.

Will executed as aforesaid requires no other publication.-Section 4.

Incompetency of the witness does not affect the validity of the will.-Section 5.

A testamentary gift or appointment to a subscribing witness, or his or her husband or wife is not null and void where the will can be proved without evidence by such person, but otherwise the gift or appointment to such witness, or the husband or wife thereof, is null and void.-Section 6.

An executor is a competent witness.-Section 7.

Subsequent marriage revokes a will, except a will made in exercise of a power of appointment.-Section 8.

No will is revoked by a presumption of intention because of alteration of circumstances.-Section 9.

A will may be revoked by another will, codicil, writing executed in the manner of a will, or by burning, tearing or otherwise destroying.-Section 10.

An alteration to the will must be executed in the same manner as a will, but alteration is deemed valid if signature of testator, or such signature and subscription of witnesses, as case may be, be made in margin opposite or near the alteration, or opposite or at end of a memorandum referring to such alteration, written in will or attached thereto.-Section 11.

A will is revived only by re-execution, or by a codicil to that effect.-Section 12.

A conveyance of property subsequent to the re-execution of a will does not prevent the operation of the will.— Section 13.

A will speaks from the death of the testator.-Section 14.

Issue of deceased child of testator takes in place of parent, and legacy does not lapse.-Section 17.

No. 68-Nova Scotia.

[REVISED STATUTES, 1900, CHAPTER 139.]

Any person may devise or bequeath all of his estate by will.-Section 3.

No will made by a person under twenty-one years of age is valid.-Section 4.

A married woman may, without her husband's consent, make a will appointing one executor or more to a will whereof she is executrix, or an appointment by will made

III Com. on Wills-52

in pursuance of a power to be executed notwithstanding coverture.-Section 5.

A will must be in writing and signed at the end or foot thereof by the testator, or by some other person in his presence and by his direction, and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator.-Section 6.

A will is not affected by the fact that the signature does not follow or is not immediately after the foot of the will, or that a blank space intervenes between the concluding word of the will and the signature, or that the signature is placed among the words of the testimonium clause or the clause of attestation, or is after or under the clause of attestation, either with or without blank spaces intervening, or follows or is after, under or beside the names of the subscribing witnesses, or that the signature is on a side, page or portion of the will whereon no disposing clause is above the signature, or that there appears to be sufficient space at the bottom of the preceding page.-Section 7.

An appointment by will must be executed as a will.Section 8.

A soldier in actual military service or a sailor at sea may dispose of his personal property as at the common law. Section 9.

Due execution of will sufficient without publication.— Section 10.

No will is invalidated by the incompetency of a witness to prove its execution.-Section 11.

A devise or bequest to an attesting witness, or his or

her husband or wife, is void unless there are two other competent witnesses.-Section 12.

A creditor is a competent witness.-Section 13.

An executor is a competent witness.-Section 14.

A will of a married woman under which her husband takes a greater estate in her property than he would be entitled to in case of her dying intestate, is not valid unless executed when such husband is not present, and at the time of the execution thereof such married woman declares in the presence of the witnesses thereto that she executes the same as her free will and without any fear, threat, compulsion or undue influence of, from or by her husband. No such will shall be valid, unless (a) such declaration, in addition to being made in the presence of the witnesses to the will, is made before (1) a judge of the supreme court, (2) a judge of a county court, (3) a barrister of the supreme court, (4) a notary public, (5) a commissioner for taking affidavits, or (6) a justice of the peace; and the functionary before whom such declaration is made appends to such will a certificate that such declaration was made; or (b) it is proven by evidence under oath, upon the application to admit the will to probate, that such declaration was made in the presence of such witnesses. The form of certificate above referred to may be as follows:

A. D. 19..., before me, the subscriber, personally came and appeared C. D. of . . . . . . wife of A. B. of the testatrix mentioned in the foregoing (or within) will, who having been by me examined separate and apart

from her said husband, did declare and acknowledge that she executed the same of her free will, and without any fear, threat, compulsion or other undue influence, of or from her said husband.-Section 15.

Every will made out of the Province, whatever was the domicile of the testator at the time of making the same, or at the time of his death, shall, as regards personal property, be held to be well executed if made according to the forms required either by the law of the Province, by the law of the place where the same was made, by the law of the place where the testator was domiciled when the same was made, or by the law then in force in the place where he had his domicile of origin.-Section 16.

A will is not revoked by change of domicile of the testator.-Section 17.

A will is revoked by the marriage of a testator, except where it is declared in the will that it is made in contemplation of marriage, or where the husband or wife elects to take under the will, or where a will is made in the exercise of a power of appointment.-Section 18.

Alteration of circumstances does not evidence a presumption to revoke a will.-Section 19.

A will may be revoked only by marriage, by another will or codicil, or by a writing executed in the same manner as a will, or by burning, tearing or otherwise destroying. Section 20.

No cancellation or obliteration, interlineation or alter、ation is valid, unless such cancellation or alteration is executed in the same manner as a will, but alterations, etc., may be noted by signature or memorandum.-Section 21.

A will which has been revoked is not revived other