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SECTION 22. Witnesses to will to write names and places of residence. 22a. Validity of will executed without the state.

23. What wills may be proved.

24. Effect of change of residence since execution of will.

25. Application of certain provisions to wills previously made.
26. Child born after making of will.

27. Devise or bequest to subscribing witness.

28. Action by child born after making of will, or by subscribing

witness.

29. Devise or bequest to child or descendant, or to a brother or sister of the testator not to lapse.

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30. Reception of wills for safe keeping.

31. Sealing and indorsing wills received for safe keeping.

32. Delivery of wills received for safe keeping.

33. Opening wills received by surrogate for safe keeping.

34. Revocation and cancellation of written wills.

35. Revocation by marriage.

36. Will of unmarried woman. [Repealed.]

37. Bond or agreement to convey property devised or bequeathed not a revocation.

38. Charge or incumbrance not a revocation.

39. Conveyance, when not to be deemed a revocation.

40. Conveyance, when to be deemed a revocation.

41. Canceling or revocation of second will not to revive first.

42. Record of wills in county clerk's office.

43. County Clerk's index of recorded wills.

44. Recording will proved in another state or foreign country.
45. Authentication of papers from another state or foreign
country for use in this state.

46. Validity of purchase notwithstanding devise.
47. Validity and effect of testamentary dispositions.
48. Application of certain sections in this article.

§ 10. Who may devise.

All persons, except idiots, persons of unsound mind and infants, may devise their real estate, by a last will and testament, duly executed, according to the provisions of this article.

Derivation: R. S., Part 2, ch. 6, Tit. 1, Art. 1, § 1, as amended by L. 1867, ch. 782, § 3.

§ 11. What real property may be devised.

Every estate and interest in real property descendible to heirs, may be so devised.

Derivation: R. S., Part 2, ch. 6, Tit. 1, Art. 1, § 2.

§ 12. Who may take real property by devise.

Such a devise of real property may be made to every person capable by law of holding real estate; but no devise to a corporation shall be valid, unless such corporation be expressly authorized by its charter, or by statute, to take by devise.

Derivation: R. S., Part 2, ch. 6, Tit. 1, Art. 1, § 3.

13. Devises of real property to aliens.

[Repealed by L. 1913, ch. 153, in effect Apr. 1, 1913.]

§ 14. Wills of real estate, how construed.

Every will that shall be made by a testator, in express terms, of all his real estate, or in any other terms denoting his intent to devise all his real property, shall be construed to pass all the real estate, which he was entitled to devise, at the time of his death. Derivation: R. S., Part 2, ch. 6, Tit. 1, Art. 2, § 5.

§ 15. Who may make wills of personal estate.

Every male person of the age of eighteen years or upwards, and every female of the age of sixteen years or upwards, of sound mind and memory, and no others, may give and bequeath his or her personal estate, by will in writing.

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Derivation: R. S., Part 2, ch. 6, Tit. 1, Art. 2, § 21, as amended by L. 1867, ch. 782, § 4.

§ 16. Unwritten wills of personal property, when allowed.

No nuncupative or unwritten will, bequeathing personal estate, shall be valid, unless made by a soldier while in actual military service, or by a mariner, while at sea.

Derivation: R. S., Part 2, ch. 6, Tit. 1, Art. 2, § 22.

§ 17. Devise or bequest to certain societies, associations and corporations.

No person having a husband, wife, child or parent, shall, by his or her last will and testament, devise or bequeath to any benevolent, charitable, literary, scientific, religious or missionary society, association or corporation, in trust or otherwise, more than one-half part of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid to the extent of one-half, and

no more.

Derivation: L. 1860, ch. 360, § 1.

§ 18. Devise or bequest to certain corporations. [Repealed by L. 1911, ch. 857, in effect July 29,,1911.]

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§ 19. Devise or bequest to certain benevolent, charitable and scientific corporations.

[Repealed by L. 1911, ch. 857, in effect July 29, 1911.]

§ 20. Devise or bequest to certain bar associations, veterinary associations and fire corporations.

[Repealed by L. 1911, ch. 857, in effect July 29, 1911.]

§ 21. Manner of execution of will.

Every last will and testament of real or personal property, or both, shall be executed and attested in the following manner:

1. It shall be subscribed by the testator at the end of the will. 2. Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him, to have been so made, to each of the attesting witnesses.

3. The testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare the instrument so subscribed, to be his last will and testament.

4. There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator.

Derivation: R. S., Part 2, ch. 6, Tit. 1, Art. 3, § 40.

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§ 22. Witnesses to will to write names and places of residence.

The witnesses to any will, shall write opposite to their names their respective places of residence; and every person who shall sign the testator's name to any will by his direction, shall write his own name as a witness to the will. Whoever shall neglect to comply with either of these provisions, shall forfeit fifty dollars, to be recovered by any person interested in the property devised

or bequeathed, who will sue for the same. Such omission shall not affect the validity of any will; nor shall any person liable to the penalty aforesaid, be excused or incapacitated on that account, from testifying respecting the execution of such will.

Derivation: R. S., Part 2, ch. 6, Tit. 1, Art. 3, § 41.

§ 22a. Validity of wills executed without the state.

A will executed without this state in the mode prescribed by the law, either of the place where executed or of the testator's domicile, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of this state, provided, such will is in writing and subscribed by the testator. (Added by L. 1919, ch. 294, in effect May 3, 1919.)

§ 23. What wills may be proved.

A will of real or personal property, executed as prescribed by the laws of the state, or a will of real or personal property executed without the state in the mode prescribed by the law, either of tho place where executed or of the testator's domicile, provided such will is in writing and subscribed by the testator, may be admitted to probate in this state. (Amended by L. 1919, ch. 294, in effect May 3, 1919.)

Derivation: Code Civil Procedure, § 2611. For remainder of section, see this chapter, §§ 24, 25.

§ 24. Effect of change of residence since execution of will.

The right to have a will admitted to probate, the validity of the execution thereof, or the validity or construction of any provision contained therein, is not affected by a change of the testator's residence made since the execution of the will.

Derivation: Code Civil Procedure, § 2611. For remainder of section, see this chapter, §§ 23, 25.

§ 25. Application of certain provisións to wills previously made. The last two sections apply only to a will executed by a person dying after April eleventh, eighteen hundred and seventy-six, and they do not invalidate a will executed before that date, which would have been valid but for the enactment of sections one and two of chapter one hundred and eighteen of the laws of eighteen hundred and seventy-six, except where such a will is revoked or altered, by a will which those sections rendered valid, or capable of being proved as prescribed in article first of title third of chapter eighteen of the code of civil procedure.

Derivation: Code Civil Procedure, § 2611. For remainder of section, see this chapter, §§ 23, 24.

§ 26. Child born after making of will.

Whenever a testator shall have a child born after the making of a last will, either in the lifetime or after the death of such testator, and shall die leaving such child, so after-born, unprovided for by any settlement, and neither provided for, nor in any way mentioned in such will, every such child shall succeed to the same portion of such parent's real and personal estate, as would have descended or been distributed to such child, if such parent had died intestate, and shall be entitled to recover the same portion from the devisees and legatees, in proportion to and out of the parts devised and bequeathed to them by such will.

Derivation: R. S., Part 2, ch. 6, Tit. 1, Art. 3, § 49, as amended by L. 1869, ch. 22, § 1.

§ 27. Devise or bequest to subscribing witness.

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If any person shall be a subscribing witness to the execution of any will, wherein any beneficial devise, legacy, interest or appointment of any real or personal estate shall be made to such witness, and such will cannot be proved without the testimony of such witness, the said devise, legacy, interest or appointment shall be void, so far only as concerns such witness, or any claiming under him; and such person shall be a competent witness, and compellable to testify respecting the execution of the said will, in like manner as if no such devise or bequest had been made.

But if such witness would have been entitled to any share of the testator's estate, in case the will was not established, then so much of the share that would have descended, or have been distributed to such witness, shall be saved to him, as will not exceed the value of the devise or bequest made to him in the will, and he shall recover the same of the devisees or legatees named in the will, in

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