696 MISCELLANEOUS INFORMATION. 



teen, if males, and females at the age of twelve, can thus dispose of personal 

 property. 



No exact form of words is necessary in order to make a will good at law ; 

 though much care should be exercised to state the provisions of the will so 

 plainly that its language may not be misunderstood. The person making the 

 will is termed the testator ; if a female, a testatrix. A will is of no force until 

 the death of the testator, and can be cancelled or modified by the maker at 

 any date. The last will made annuls the force of all preceding wills. 



The law regards marriage, and offspring resulting, as a prima facie evi- 

 dence of revocation of a will made prior to such marriage, unless the wife and 

 children are provided for by the husband in some other way, in which case 

 the will remains in full force. 



To convey real estate by will, it must be done in accordance with the law 

 of the State where such land is located ; but personal property is conveyed in 

 harmony with the law that obtains at the place of the testator's residence. 



There are two kinds of wills, namely, written and verbal, or nuncupative ; 

 the latter, or spoken wills, depending upon proof of persons hearing the same, 

 generally relate to personal property only, and are not recognized in all the 

 States, unless made within ten days previous to the death. Verbal or un- 

 written wills are usually unsafe, and, even when well authenticated, often 

 make expeasive litigation ; hence the necessity of having the wishes of the 

 testator fully and clearly defined in a written will. 



To give or make a devise of property by will, and subsequently dispose of 

 the same, without altering the will to conform to such sale, destroys the valid- 

 ity of the entire will. 



A will made by an unmarried woman is legally revoked by marriage ; but 

 she can take such legal steps in the settlement of property, before marriage, 

 as will empower her to dispose of the same as she may choose, after marriage. 



No husband can make a will that will deprive the wife of her right of dower 

 in the property ; but the husband can will the wife a certain amount in lieu of 

 her dower, stating it to be in lieu thereof. Such bequest, however, will not 

 exclude her from her dower, provided she prefers it to the bequest made in 

 the will. Unless the husband states distinctly that the bequest is in lieu of 

 dower, she is entitled to both. Property bequeathed must pay debts and 

 encumbrances upon the same, before its distribution can be made to the lega- 

 tees of the estate. Though property may be willed to a corporation, the cor- 

 poration cannot accept such gift unless provision is made for so doing, in its 

 charter. A will may be revoked by marriage, codicil, destruction of the will, 

 disposing of property devised in a will, or by the execution of another will. 

 The person making a will may appoint his executors, but no person can serve 

 as such executor if he or she be an alien at the time of proving the will ; if he 

 be under twenty-one years of age, a convict, a drunkard, a lunatic, or an 

 imbecile. No person appointed as an executor is obliged to serve, but may 

 renounce his appointment by legal written notice, signed before two witnesses, 

 which notice must be recorded by the officer before whom the will is proved. 



In case a married woman possesses property, and dies without a will, her 



