The American statutes governing the making of wills were modelled closely either upon the English Statute of Frauds of 1677 or the English Wills Act of 1837. As the legislation of any particular State falls within the compass of one or the other of these statutes, the formal requisites governing the making of the will vary. The provisions of the Statute of Frauds, validating nuncupative wills of soldiers or sailors or those made in the last illness of the testator, are quite generally in force. In those States where the civil law once obtained, the holographic will or will without witnesses but written in the handwriting of the testator, is recognized. Its validity has also been recognized by statute in about one third of the American States. Besides the foregoing the State of Louisiana recognizes still another form of will, which has been designated as the mystic will. This is a documentary will which, when signed by the testator, is enclosed in a sealed envelope and presented to and subscribed by a notary together with seven witnesses.
Full liberty of disposition is generally accorded a testator. In
some States limitations are placed by statute upon the testator's right to dispose of all his property away from his wife and chil dren. Limitations also exist as to the character of the property which may be disposed of by will. Dower rights, homestead property, the wife's distributive share of the personalty, the wife's interest in the community property where the State has created such an institution, are generally excluded. The rule of the Statute of Wills limiting devises of realty to real estate owned at the time of the making of the will and excluding after-acquired realty, has been abrogated. Testamentary capacity has been broadened in accordance with modern conceptions, the incapacity of the married woman being removed. The inability of certain classes of persons to take by will, notably aliens and corporations, has also been generally removed. (See EXECUTORS AND ADMIN ISTRATORS ; LEGACY.) See Page, Wills (2d. ed. 1926) ; Schouler, Wills (6th ed. 1923) ; Rood, Wills (2d ed. 1926). (J. M. LA.)