The person executing a will must have tes tamentary capacity, that is, he must be twenty one years of age in ease of wills of real estate, and in most States eighteen years of age in case of wills of personal property. He must he of sound mind and act without undue influence on the part of others. For a fuller consideration of this topic, see INSANITY; INFANT MARRIED WOMAN.
In general, any property may be disposed of by will. Such limitations as there now are upon such dispositions are properly limitations on the powers of beneficiaries to take, and only indirectly affect the power of giving property by will. (See CHARITABLE TRUSTS, OR CHARITIES.) As a will only takes effect at the death of the testator, it may affect all property acquired by him after its execution as well as before, provided the property falls within the description of the will. For merly wills were held to affect only the property owned by the testator at the time of execution.
The rules governing the construction of wills, particularly of wills of real estate, are too numerous and complex for discussion here. The most important rule of interpretation is that the intention of the testator as it appears from the will shall be carried out wherever legally pos sible, and when the will is ambiguous the cir cumstances surrounding its execution may be examined for the purpose of ascertaining the '.:es
tator's intention.
A codicil. which is in effect a supplementary will. is to be construed with the will which it :411Th-went,. See DEVISE; BEQUEATH; INTER PEETATIoN ; LEGACY.
A will remains revoeab]e until the time of the testator's death. The method of revocation is usually provided for by the statute giving au thority to make wills. A will may be revoked by the express language of a subsequent will or by gifts made by it inconsistent with the earlier will, and generally a will may be revoked by cancellation, tearing, or burning by the tes tator with intention to revoke it. The accidental destruction of a will does not affect its validity or efficacy if its contents can be proved. Disposi tion of his property by the testator before his death in effect works a revocation of his will, and under the earlier statutes marriage of the tes tator or the birth of a child revoked his will. There are now various statutory rules on this subject.
For further discussion of this subject. see CONVEYANCE; EXECUTOR; PERSONAL PROPERTY; REAL PROPERTY; and the several topics above referred to. Consult Jarman on Wills.