Thus, married women and minors may be witnesses of wills. But no person should be called upon to witness a will who is a legatee, or an executor, or otherwise interested in the will. If such a person were a witness, it might not avoid the will; but a legatee would lose or be obliged to renounce his legacy; and, generally, it might lead to unintended results. What is said in the next chapter in relation to deeds, of witnesses remembering, &c., or proof of handwriting in case of their death or absence, is true also of wills.

As to the body of the will, the testator must express his wishes as clearly and accurately as possible; and, unless he has good legal advice, he should make the disposition of his property as simple as possible.

The word "bequeath" applies properly to personal estate only; the word "devise" to real estate only. It is safe enough to begin, "I give, bequeath, and devise my estate and property, as follows: that is to say," and then go on and tell what shall be done with this and that piece of property or sum of money.

Words of inheritance should be added to any devise of land (if not intended for the life of the devisee only), as was said in reference to deeds; although they are not required in wills so peremptorily as in deeds. The words of inheritance are, "and his heirs." These words should follow the name of the devisee, or person to whom the land is devised.

If it is intended, as usually is the case, that the will should apply to all the real estate possessed by the testator at the time of his death, although purchased after the will is made, there should be a clause expressing this intention.

If children are not provided for in a will, the law presumes in some States that they were forgotten, and gives to any such child the same share as if there were no will, unless the omission is explained in the will or by evidence, in such wise as to show that it was intentional. The same rule applies quite generally to the issue of a deceased child. If the child were provided for in the lifetime of the father, the law, generally, might not presume that he was forgotten; it is best, however, to guard against any question of the kind, by naming the children, and giving them a small sum, or saying that the omission to give them any thing is intentional.

A testator should always name his executors; but the will is perfectly good without any executor being named, for the Court of Probate will appoint an "administrator with the will annexed."

17

SECTION II.

CODICILS.

A codicil is a little additional will. That is, it is a testamentary disposition, not revoking the former will, but varying it in some way, or making changes in it. There can be but one will in force, and that the last; but there may be any number of codicils, all valid. The changes made by a codicil in a will, or in former codicils, should be very distinctly stated; and some words like these should be used: "I hereby expressly confirm my former will, dated

excepting so far as the disposition of my property is changed by this codicil." And the codicil should be called, at the beginning and in the in testimonium clause, a codicil, and be executed and witnessed in the same manner as a will.

If a codicil gives one a legacy, who has already one by the will, the codicil should state whether it gives the second legacy instead of the first, or in addition to it. And if advances are made to a child during life, there should be an indorsement on the will (but a statement in the will or codicil would be better), stating whether these advances are to be charged to him, and if so, in what way, whether with interest, &c.

SECTION III.

REVOCATION OF WILLS.

The law concerning the revocation of a will is quite nice and technical. A codicil, we have seen, does not revoke, and a new will does. So might tearing off the name of the testator; but then the question might come, Who tore it off? It is best to leave neither this nor any other question; and therefore to destroy a will which it is intended to revoke. If the will is out of the testator's reach and power, and so cannot be destroyed, it would be best to make a new will, revoking the old one; which any testator can always do.

A will is revoked by the operation of law, if the testator afterwards marry and have a child. If the testator, after this, intends that his will shall take effect, he should expressly confirm it; and the best way to do this would be by making a new will. If he leaves any thing to his wife, and intends that she should have it instead of dower, or of the additional rights which recent statutes in some of the States have given her, he should say so. And then she will not have both, but may choose between the provision of the

law and that of the will, taking whichever she prefers, and leaving

the other.

For the rights of the wife or widow in the several States, I refer to the abstract of the statutes of the several States, in the chapter on Married Women.

We will give such forms and rules as will be applicable to all wills, and enable any person to draw a simple will with safety. No one can express accurately provisions for trust estates, remainders, executory devises, &c., without knowing the law on these subjects, and this is an extensive and difficult department of the law. All that is necessary, and may be relied upon as generally sufficient, is as follows:

I,

(15.)

FORM OF A WILL.

of (place and occupation), make this my last will. 1 give, devise, and bequeath my estate and property, real and personal, as follows, that is to say :—

Then follow all the provisions and disposition of property which the testator intends, stated fully, plainly, and as accurately as possible, paying due regard to the rules and principles already stated on this subject. And if these provisions are carefully presented in distinct and intelligible language, the courts will generally supply whatever of technicality is wanting. Then follows, first, the appointment of an executor, and then the execution of the will, and finally the declaration of the witnesses, thus:

I appoint (name, residence, and occupation) executor (or executors, if more than one be desired) of this my will.

In witness whereof, I have signed and sealed and published and declared this instrument as my will, at (place), on (date).

The said

(Signature.) (Seal).

at said (place), on said (day), signed and sealed this instrument, and published and declared the same as and for his last will. And we, at his request and in his presence, and in the presence of each other, have hereunto written our names as subscribing witnesses.

(Here follow the names of three witnesses.)

A codicil should be written thus:

I,

of (place and occupation), do make this my codicil, hereby confirming my last will made on the (date of the will), and all my for. mer codicils (if there be any), so far as this codicil is consistent therewith and do hereby —

Then follows whatever disposition the testator chooses to make, stating and describing it as he would if it were a will, and executing it and having it attested in the same manner as if it were a will, excepting that instead of calling it a will, wherever that word occurs, he says "codicil" instead of "will."

We add to this two forms of wills, both of which were drawn by skilful lawyers, and disposed of large estates.

(16.)

BE IT REMEMBERED, That I, State of

Esquire, do make this my last will and testament, in

manner following. That is to say,

I order and direct that all my just debts shall be paid with convenient speed.

I give unto Mr. of said city, merchant, the amount of moneys due and owing from him to me, according to the tenor and effect of four promissory notes signed by him, viz.: one dated October 16, 1819, for ninety-six hundred and eighty dollars; one dated August 9, 1822, for five thousand dollars; another dated August 9, 1822, for forty-five hundred and fifty-eight dollars; and another dated August 15, 1822, for fifty-six hundred dollars: and I order said four notes to be cancelled.

100

the wife of said

Το I give an annuity of six hundred dollars, to be paid her in two equal and half-yearly payments of three hundred dollars each.

of

It is my will, and I order and direct that a trust fund of ten thousand dollars shall be raised out of my estate and invested at interest, the income and produce of which trust fund I give unto single woman, to be paid to her half-yearly, during her natural life. And at the decease of the said the principal sum or trust fund shall be paid to and among such person and persons in such shares and portions as she, the said by any writing by her signed in the presence of two or more credible witnesses, shall give, direct, and appoint. And in default of such appointment, then said trust fund, or principal sum, shall go, as the residue of my estate, to the residuary legatee hereinafter named.

I also direct that another trust fund of ten thousand dollars shall be raised out of my estate and invested at interest. And I give the interest and produce of this trust fund, when and as it accrues, unto the wife of

It is my will that the income of this fund, or principal sum shall, during the natural life of said either be paid into her proper hand, or upon her order or receipt, signed by her alone, notwithstanding her coverture. And I declare that neither the principal nor income of this fund shall be subject to the control, debts, or engagements of the present or any future husband of said the

same being intended for her sole and separate use.

At the decease of said

fund to the issue of said

I give said principal sum or trust

and in default thereof to such

other person or persons as she, by a last will, or any writing in the nature of a last will, shall give, direct, or appoint the same; and in defaurt of such appointment, it is my will that said trust fund or principal sum shall be disposed of and pass as part of the residue of my estate.

I give to

an annuity of three hundred dollars, to be paid

an annuity of one hundred dollars, to be paid her, during life, in quarter

yearly payments.

in the county of

I also give unto of widow, an annuity of two hundred dollars, to be paid in quarter-yearly payments during her life.

of

I order my executor, hereinafter named, to pay either in money, or such articles as his comfortable maintenance may require, fifty dollars annually during his life, at such times as said executor shall think proper.

To

wife of

of

I give an annuity

of one hundred dollars, to be paid during her life quarterly.

of

To wife of I give three hundred dollars, and direct three notes, held by me, signed by her husband, for one hundred dollars each, to be cancelled.

wife of

of

there shall be paid in

Το money, or delivered in articles necessary for her support, at the discretion of the executor of this my will, one hundred and fifty dollars annually, during her life, at such time and in such portions as he shall choose.

son of

I give to one thousand dollars, and order that he shall be charged with such amount of moneys as he shall be my debtor for, upon promissory notes, at my decease.

to

I devise the wood-lot in

wife of

which I bought of one

above named, to hold to her for life,

who

the remainder I give to the child or children of said shall survive her, his, her, or their heirs for ever.

If shall be a member of my family at the time of my decease, she shall and may continue to reside in my dwelling-house and participate in the use of the stores and furniture, in common with others of my family, for the term of six months thereafter.

It is my will that a debt of three hundred and thirty-two dollars, due me from shall be cancelled.

of

To each of those of the following named persons, who shall be in my service at the time of my decease, I give one hundred dollars, viz.:

My will is that all annuities hereinbefore given shall take date from the day of the probate of this will; and all legacies, not annuities, shall be paid within eight months from the same period.

It is my will that all the capital or principal sums which shall be requisite to yield the several annuities above mentioned may, by my executor, be paid to to be held and managed by said corporation