WILL, in law, is a disposition made by a competent person known as the testator, in a form more or less prescribed by law, or prop erty over which he has the legal power of di,. position, to take effect at death. Technically. the term °will' is used to describe a document which disposes of real property, while 'testa ment' is used to describe one that disposes of (personal property, *will and testament' includ ing both. Broadly, and by common use, the term °will" covers both meanings and is ac cepted as describing a written instrument that disposes of both realty and personalty. Any person of legal age, being of sound mind and memory and not under duress, may make a will dispositfg of whatever interest he has at his death in either real or personal property. All wills to be valid in the United States, with the exception of a favored class known as "nuncupative wills' which are oral, must be written and signed by the testator and wit nessed by at least two (or in several of the United States three) persons, who must sign in the presence of the testator and of each other, and are not beneficiaries under the will The maker of a will must be 21 years of age in most of the States, hut a few allow women of 18 to thus legally dispose of their property. Oral wills are permitted in the case of soldiers and sailors in actual service, and these *nun cupative wills are definite statements of the will of the maker with two or more witnesses, who shall within a reasonable time thereafter reduce the statement to writing and sign as wit nesses. A beneficiary cannot be a competent witness to a nuncupative will. A will may he altered or amended by the addition of the fur ther wish of the testator, the amendment being known as a "codicil,' which must be signed by the testator and witnessed with the same formality as the original will. A will may he revoked by the testator by destroying it. as by canceling, tearing, burning or otherwise matilat oe ii, or by making a new will, which later document invalidates all preceding wills. The destruction of a later will revives a former vriU if still in existence, which will then have full effect. In some States the subsequent mar riage of the testator invalidates a will. The
laws of the different States vary as to the pro visions for the heirs and next of kin.
A will may be written in any form of language that expresses the intention of the testator. A very common form of beginning a will is: •In the name of God, amen. I. John Smith, being of sound mind' etc. it Deed not be written in any prescribed form, hut must show the intention. It may be writ ten in any sort of writing material or on several pieces of paper if their sense shows them to be connected each to the other. Separate docu ments may be included in the will if the will speaks of their incorporation in the will as a part of it, and in such a way as to identify the documents. Publication is the act of making known in the presence of witnesses that the instrument executed is the will of the testator. It is not necessary for the witnesses to know the contents of the will, but the fact that it is a will Publication is not necessary in all States. A will usually names one or more persons who shall carry out the will of the testator. This person is known as the executor or executrix. %It hen no person is named in the will the court appoints such person, who is known as the administrator or administratrix. At the death of the testator the will is placed on file for pro hate in the Probate or Surrogate Court. A will is construed liberally, the words taken in their plain and usual sense, and the intention of the It-stator allowed to prevail wherever possible to understand such intention. Effect is given to c%ery part of a will. Rules of construction are saluable only in case the will is contested. Favor is shown in case of contest to natural heirs and next of kin. Conditions may be made, and trust estates created, and whatever interest the testator may have at death may be disposed of by will during his lifetime to take effect at death. When a testator has a large estate it is customary to have his will drawn up by an attorney who is familiar with rules of ,onstniction and of evidence. This is not necessary to the validity of a will, which may be written by any one so long as it is properly signed and witnessed.
Sec Icsits Fsr t•us.