520 THE POPULAR SCIENCE MONTHLY. 



Earthquakes seem to be volcanic eruptions that are suppressed 

 because they can not find any outlet, nearly as Dolomieu thought. The 

 motive power of gases, the immense effects of which we can see in the 

 protuberances or jets shot out from the sun with prodigious speed and 

 of enormous dimensions, appears to be sufficiently considerable in the 

 depths of the globe also to explain all the effects of earthquakes. — 

 Translated for the Popular Science Monthly from the Revue Scienti- 

 fique. 



LAST WILLS Al^D TESTAMENTS. 



By JOSEPH W. SUTPHEN. 



CAN a will of real or personal property be so prepared and executed 

 as, barring questions of incapacity and undue influence, to be in- 

 contestable ? Protracted and expensive litigation, frequently involv- 

 ing a period of years, often eating up large portions of estates, and 

 finally resulting in the defeat of a testator's wishes, suggests this oft- 

 repeated question. Considering the matter of execution first, noth- 

 ing would appear simpler. Our statutory requirements are few and 

 explicit, and, if properly observed, the inquiry, so far as execution 

 is concerned, is easily answered. The provisions of the New York 

 Revised Statutes are — 



1. That the will shall be in writing, and subscribed by the testator 

 at the end. 



2. That such subscription shall be made by the testator in the 

 presence of each of the attesting witnesses, or shall be acknowledged 

 by him to have been so made to each of the attesting witnesses. 



3. The testator at the time of making such subscription, or at the 

 time of acknowledging the same, shall declare the instrument so sub- 

 scribed to be his last will and testament. 



4. There shall be at least two attesting witnesses, each of whom 

 shall sign his name as a witness, at the end of the will, at the request 

 of the testator. 



These provisions are practically the same in most of the United 

 States, with the exception, perhaps, of Louisiana, unless it be that 

 some of the States require three or more in the place of two wit- 

 nesses. An intelligent compliance with the above directions would 

 seem in no wise difficult, yet many an intended will has proved an 

 abortion, solely from lack of their observance, ignorance, and careless- 

 ness, and in some instances, no doubt, forgetfulness on the part of 

 witnesses as to what actually transpired at the execution, explaining 

 the circumstance. A witness's stupidity or forgetfulness can not easily 

 be guarded against, except by the selection of intelligent witnesses. 

 This sometimes, as in the case where the testator is in extremis, is im- 

 possible ; but a stupid or forgetful witness to a will is a great misfor- 



