WILL and TESTAMENT, is that disposi tion of property which is made by a per son to take place after his decease. Every person capable of binding himself by con tract, is capable of making a will.
Also a male infant of the age of four teen years and upwards, and female of twelve years or upwards, are capable of making a will respecting personal estates only. But a married woman cannot make a will, unless a power be reserved in a marriage settlement ; but wherever per sonal property, however, is given to a married woman, for her sole and sepa rate use, she may dispose of it by will.
If a feme sole make her will, and after wards marry, such marriage is a legal re vocation of the will. Wills are of two kinds, written and verbal: the former is most usual and secure.
It is not absolutely necessary that a will should be witnessed; and a testament of chattels, written in the testator's own hand, though it have neither the testator's name nor seal to it, nor witnesses present at his publication, will be good, provided sufficient proof can be had that it is his hand writing. By statute 29 Charles II. c. 3, all devises of lands and tenements shall not only be in writing, but shall also be signed by the party so devising the same, or by some other person in his pre sence, and by his express direction, and shall be witnessed and subscribed in the presence of the person devising, by three or four credible witnesses, or else the de Vise will be entirely void, and the land will descend to the heir at law.
A will, even if made beyond sea, be queathing land in England, must be at tested by three witnesses.
A will, however, devising copyhold land, does not require to be witnessed : it is sufficient to declare the uses of a surrender of such copyhold land made to the use of the will. The party to whom the land is given becomes entitled to it by means of the surrender, and not by the will.
A codicil is a supplement to a will, or an addition made by the person making the same, annexed to, and to be taken as part of the will itself, being for its ex p ion or alteration, to add something t or take something from, the former disposition, and which may also be either or verbal, under the same restric tions as regard wills.
If two wills are found, and it does not appear which was the former or latter, both will be void ; but if two codicils are found, and it cannot be ascertained which was th4 first, but the same thing is de vised to two persons, both ought to di vide ; but where either wills or codicils have dates, the latter is considered as va lid, and revokes the former. See ADMI