A Review in Law And Equity for Law Students : a Hand-Book for Law Students

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ute in the different States. Any parties, however in- competent to make a will, can be themselves devisees?
At common law a male infant could devise chattel?
1 2'B1. Comm. 372.
' Id. 375- 3 Id. 492; Schouler Wills § 14, 4 Id. § 31.
6 4 Kent Comm. 506.
(78) ALIENATION BY DEVISE — LEGACIES. 79 at the age of fourteen, and a female at the age of tivelve.
The age of capacity has been increased throughout the United States, and, in many, an infant is incompetent to dispose of personal property by wil
...l. No infant could ever devise real property, except by special custom. 1 Execution. — The general rule is that a will of real estate must be in writing and subscribed by the testator, and acknowledged by him in the presence of at least two witnesses, who are to subscribe their names as witnesses?
At common law a will of personal property was good without writing. 3 Such a will is called a nuncupative will. These wills are now valid only when made by a soldier in actual military service, or by a mariner while at sea.* Unless there be a statutory regulation to the con- trary, the testator need not sign his name at the end of the will, provided that the body of the will be in his handwriting, that his name appear in it, and that he intended to sign the instrument by thus writing his name in the body of it.


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