Will (Law the declaration in proper)

Collier's New Encyclopedia (1921)

in law, the declaration, in proper form, of what a man wills to be performed after his death; usually spoken of as the "last will and testament." The statutes of most of the American States have either placed nuncupative wills under special restrictions, or else reduced them within the same narrow limits as the English statutes. In many of the States they still exist much as they did in England before the abovequoted statute, being limited to a small amount of personal estate. Leaving aside this unimportant exception, it may be said that all wills, whether of real or personal estate, must be in writing, and signed at the foot or end thereof by the testator, or by some person in his presence, and by his direction, in the presence of two witnesses at least, who must subscribe and attest the will in his presence. The signature must be so placed at, after, following, under, or beside or opposite the end of the will, that it shall be apparent on the face of the will that the testator intended to give effect by such his signature to the writing signed as his will. In general, all persons who have sufficient understanding are capable of disposing by will of both real and personal estate. The age at which persons may make wills varies from 21 to 14; sometimes only personal property may be bequeathed by persons of 18 or under. There are certain restrictions, varying in different States, upon a married woman's testamentary capacity. Lunatics, idiots, persons under undue influence, or under duress, are incapable to execute a will. A will is a revocable instrument, and is revoked by marriage either in the case of a man or woman, but it is not revoked by any other change of circumstances. It may, however, be revoked by another will or codicil subsequently executed, or by a writing declaring the intention to revoke, or by burning, tearing, or otherwise destroying the will with the intention to revoke it. A revoked will may be revived by re-execution, or by a codicil showing an intention to revive it. No obliteration, interlineation, or any other alteration in a will, is valid, except so far as the words or effect of the will before the alteration shall not be apparent the unless with such alteration. But if the signature of the testator and subscribing witnesses be made in the margin opposite or near the alteration, or at the foot or end, referring to the alteration, it will be valid. A will takes effect as if executed immediately before the testator's death, unless the contrary intention be shown by the will; and lapsed and void devices fall into the residue of the estate.