heard him acknowledge his signature to the will (1855, T. L., c. 164, 3; 1859, P. L., c. 131, 5; 1862, Comp L., c. 215; 1865, P. L., c. 86, 2; 1868, G. S., c. 117, 2; ed. 1878, 6114.) In Kentucky wills other than holograph must be subscribed or acknowledged by the testator in the presence of two credible witnesses, who shall subscribe in testator's presence "with their names" (1851, R. S., c. 106, 5; 1873. G. S., c. 113, 5; so, too, act of 1797, 1 Litt. 611, 1, except the words quoted above.) An endorsement is not a subscribing, Soward v. Soward, 1 Duv. 132, (1863.) In Louisiana three resident or five non-resident witnesses must sign; or if they cannot write, one may sign for all, in case of a nuncu pative or open will, by public act before a notary. Nuncupative wills under private signature must be signed in the presence of five resident witnesses, of whom two at least must sign their names. Mystic or sealed wills must be sealed up in the presence of seven witnesses (1825, Code, 1571, et seq.; 1870, Id., 1578, et seq.) Holograph wills, written and signed by the testator, may be made out of the state without attestation (1825, Code, 1581; 1870, Id., 1588.) Women, males under the age of sixteen, insane, deaf, dumb and blind persons and convicts are all incompetent witnesses (1825, Code, ¿ 1584; 1870, Id., ? 1591.) In Maine three "credible" witnesses are required (1821, P. L. 137, 2; 1871, R. S. 563, 1; 1859, P. L. 111, "not beneficially interested,") who must "subscribe in his presence." In Maryland devises of real property must be "attested and subscribed" in testator's presence by three or four "credible" witnesses (1798, P. L., c. 101, sub. c. 1, 4; 1860, Code, art. 93, 301; 1878, Rev. Code 420, % 4.) In Massachusetts wills must be "attested and subscribed" in testator's presence by three witnesses (Acts, &c., Mass. Bay, A. D. 1692, vol. I., p. 46; 1784, 1 L. 109, 2; 1859, G. S., c. 92, 6,) but only one witness is requisite to prove the will (1818, P. L. 646.) In Michigun the territorial law of 2,) to two, and holo 1809 (2 T. L. 13, 1,) required attestation by "three credible witnesses," signing in testator's presence. This was changed in 1811 (1 T. L. 160, graph wills were excepted. The act of 1839 (P. L. 220, amending R. S. 1838, p. 271, 5,) requires that the will be attested and subscribed in the presence of the testator by "three competent witnesses," now changed again to two (1857, Comp. L, c. 92, 4326; 1871, Comp. L., c. 154, 5,) holograph wills being no longer provided for. In Minnesota wills must be "attested and subscribed" in testator's presence by two competent witnesses (1851, R. S., c. 53, 5; 1866, G. S., c. 47, 5, ed. 1878.) In Mississippi holograph wills are excepted. Other wills must be "attested" in testator's presence by three credible witnesses for real property and one or more for personalty (1821, Hutch. Code 649, § 14; 1871, Rev. Code, ? 2388.) And an endorsement upon the same paper has been held to be a sufficient signing, Murray v. Murphy, 39 Miss. 214, (1860.) In Missouri holograph wills were excepted until 1835. Other wills must be attested by two (prior to 1821, three,) competent witnesses, subscribing their names in testator's presence (1808, 1 T. L. 140, 18; 1814, Id. 405, 25; 1821, Id. 786, ? 1; 1825, R. L. 790, 1; 1835, R. S. 617, 4; 1845, R. S. 1078, § 4; 1855, R. S., c. 167, 4; 1865, G. S., c. 131, ¿ 3; 1879, R. S., 3962.) In Nebraska all wills must be signed or (since 1856) acknowledged by the testator in the presence of two competent witnesses, and the witnesses must sign the will at the end thereof, at testator's request (1855, P. L. 63, 45; 1856, P. L. 93, 2,) and each witness must write his residence opposite to his name under a penalty of $50 (1856, P. L. 93, 3.) Since 1860 it need only be signed by the testator, and "attested and subscribed" in the presence of the testator by two or more competent witnesses (1873, G. S., c. 17, 3 127.) In Nevada wills must be attested by two competent witnesses subscribing their names in testator's presence (1862, P. L. ble, disinterested," &c., from 1816 to 1878, "credible,") witnesses, who must subscribe their names in testator's presence, and (since 1824) must have seen him subscribe his name or heard him acknowledge his signature (1804, P. L. 173; 1808, 6 Laws 64, 21; 1810, 8 L. 146, § 1; 1816, 14 L. 141, 1; 1824, 22 L. 119, 2; 1831, 29 L. 242, § 2; 1840, 38 L. 120, § 2; 1852, 50 L. 297, 2; 1878, 75 L. 838, § 4; 1880, Rev., 5916.) In Oregon wills must be "attested" by two competent witnesses subscribing their names in testator's presence (1850, G. S. 274, & 4; 1855, P. L. 384, 4; Deady Comp. L. 1863, p. 936, 4.) In Pennsylvania wills must be proved by the oaths or affirmations of two or more competent witnesses (1833, P. L. 249, 6; 1872, Purd. Dig. 1474, § 6.) Under this act it has been held that a will need not be subscribed by witnesses nor proved by subscribing witnesses. In Rhode Island devises of land must be "attested and subscribed" by two witnesses (1872, G. S. 373, 4; 1857, R. S. 356, § 4, requiring three witnesses,) in the devisor's presence. In South Carolina the statute of frauds, 29 Car. II., c. 3, was enacted in 1733 (3 Stats. at Large 341, 58,3; Comp. L., c. 37, 8 3.) In New Hampshire wills must be "attested and subscribed" in testator's presence by three or more credible witnesses (1822, P. L. 10, 1; 1878, G. L., c. 193, 6.) In New Jersey wills must be signed or (since 1851) acknowledged by the testator in the presence of two witnesses (before 1851, three, except in East Jersey, from 1682 to 1698, act of 1682, E. Jersey, Leam. & Spi. 236; act of 1698, E. Jersey, Leam. & Spi. 371; act of 1713, Pat. Rev. 5, Allin.son 28; 1851, P. L. 218, 1; 1877, Rev. 1247, 22,) and the witnesses must be present at the same time and subscribe their names in the presence of the testator (1851, 1877, supra.) In New York the act of 1787 (1 Greenl. 386, 2,) required wills to be attested and subscribed in tes. tator's presence by three or more credible witnesses. The Revised Statutes of 1829 changed the number of witnesses to two, and required the testator to sign or acknowledge his signature in the presence of each witness, and that the will be signed by each witness at the end thereof, at testator's request (2 R. S. 56, ? 40,) and that each witness add his residence to his signature, under a penalty of $50, but the omission to do so does not affect the va-2; and see act of 1789, 5 Id. 106, § 2 ; lidity of the will (2 R. S. 56, 41.) In 1873, R. S. 442, 2.) The revised statNorth Carolina (and Tennessee) provision utes of 1873 require all wills to be "atwas made in 1784 (c. 10, 5; N. C. R. S. tested and subscribed" in testator's pres1821, c. 225, 5; N. C. Bat. Rev. 1873, ence by three or more "credible" witc. 119,1,) for holograph wills found nesses. In Tennessee the law as to holoamong testator's valuable papers, or graph wills and as to attestation by witlodged by him with some person for safe nesses is the same as in North Carolina, keeping, with the testator's name "sub- supra (1784, P. L., c. 10, ₹ 5; c. 22, § 11; scribed thereto or inserted in some part 1858, Code, 2162, 2163; 1871, Comp. of such will," on proof of his handwriting S., ?? 2162, 2163,) but applies only to real by three witnesses. Other wills must be property. In Texas holograph wills need signed in the presence of at least two dis- not be attested (1879, R. S., 4860; 1840, interested witnesses, and subscribed by P. L. 167, % 1.) Other wills must be them in testator's presence, in North "attested" by two or more credible witCarolina (1784, P. L., c. 22, 11; 1821, nesses, above the age of fourteen years, R. S., c. 204, % 11; 1873, Batt. Rev., c. 119, subscribing their names in testator's pres1.) For laws of Tennessee, see infra. ence (1879, R. S., 4859; 1840, supra.) In Ohio wills must be attested by two or In Vermont three witnesses are required more competent" (until 1816,"credita- (1779, P. L. 361; 1797, Dig. L. 119, § 1; EXECUTION OF TESTAMENTARY APPOINTMENTS. by will to be other wills, Appointments executed like and to be X. (a) And be it further enacted, That no appointment made by will, in exercise of any power, shall be valid, unless the same be executed in manner hereinbefore required; and every will executed in manner hereinbefore required shall, so far as respects the execution and attestation valid, althereof, be a valid execution of a power of appointment required by will, notwithstanding it shall have been expressly are not obrequired that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity, 12 WILLS OF SOLDIERS AND SEAMEN. though other solemnities served. XI. Provided always, and be it further enacted, That any soldier being in actual military service, or any mariner or seaman Soldiers' and being at sea, may dispose of his personal estate as he mariners' might have done before the making of this act. 13 1821, Comp. L. 334, 17; 1851, Comp. S. 327, 6; 1862, G. S., c. 49, 6,) by whom the will must be "attested and subscribed in the presence of the testator and of each other." In Virginia wills other than holograph must be signed or acknowledged in the presence of two or more competent witnesses, and by them subscribed in testator's presence, they being "present at the same time" (1748, 5 Stats. at Large 456, 7; 1785, 12 Id., c. 61, 1; 1792, 1 Id. (N. S.) 88, 1; 1823, P. L. 27, 2; 1840, P. L. 50, extending to wills of personalty what before only applied to devises of land; 1873, Code 910, 4,) but no form of attestation is necessary. In West Virginia wills other than holograph must be signed or acknowledged by testator in the presence of two competent witnesses "present at the same time" and subscribing in testator's presence (186, Code, c. 77, 8 3.) In Wisconsin wills must be "attested and subscribed " in testator's presence by two "competent" witnesses (1838, T. L. 182, 1, requiring wills ex- three witnesses and applying only to de- 12. In the District of Columbia the execution of a power of appointment by will must be sufficient in form to pass testator's own property, and if so it is valid notwithstanding failure to comply with other requirements of the instrument conferring the power (1857, Rev. Code, c. 52, % 6.) So in Kentucky (1851, R. S., c. 106, % 6; 1873, G. S., c. 113, 6.) In New York likewise (1829, 1 R S. 736.) So in North Carolina (1845, P. L. 125, 9; 1873, Batt. Rev., c. 119, ? 4.) So in Virginia (1873, Code 910, 5.) And in West Virginia (1868, P. L. 92, & 4; Code, c. 77, % 4.) 13. This section (XI.) is a copy of 29 Car. II., c. 3, 23. See vol. I., p. 238. It is substantially, if not verbally, enacted in Alabama (1852, Code, ? 1617; 1876, Code, ? 2300); Arkansas (1847, R. S., c. 170, 25; 1873, R. S., & 5776); Act not to affect certain provisions of 11 G. IV. and 1 W. IV., c. 20, PETTY OFFICERS, SEAMEN AND MARINES. XII. And be it further enacted, That this act shall not prejudice or affect any of the provisions contained in an act passed in the eleventh year of the reign of his Majesty King George the Fourth and the first year of the reign of his with respect to late Majesty King William the Fourth, entitled, "An act to amend and consolidate the Laws relating to the Pay of the Royal Navy, respecting the Wills of Petty Officers wills of petty officers, and seamen and marines. California (1850, P. L., c. 72, & 7; 1872, Code, ¿ 6289); District of Columbia, (1857, Rev. Code, c. 52, % 10,) limited, however, to $200; Indiana (1807, P. L. 86, 37; 1818, P. L. 152, 42; 1829, P. L. 46, 35; 1831, P. L. 274, 17; 1838, Rev. 315, 17; 1852, R. S. 315, 21; 1876, R. S. 576, 21); Iowa (1880, Rev., 2325, requiring two witnesses; 1843, P. L. 667, 6); Kansas (1855, T. L., c. 164, 22; 1859, P. L., c. 131, ? 4, requiring probate of such will within one year); Kentucky (1797, 1 Litt. 611, % 8,) but by existing statutes such will must be made within ten days of testator's death in the presence of two competent witnesses who were called on by the testator to bear witness, and must within sixty days be reduced to writing and subscribed by at least one of the witnesses (1851, R. S., c. 106, 87; 1873, G. S., c. 113, 7); Lousiana, by a soldier in service before a commissioned officer and two witnesses, or if sick or wounded, before a physician and two witnesses, and in either case to be void in six months after his return home; by a sailor at sea before the captain or master and three witnesses, to be void in three months after his return home, and all gifts to persons other than relations on the ship being declared invalid (1825, Code, ?? 1590-1597; 1870, Id., 1597-1604); Maine (1821, P. L. 137, 4; 1871, R. S. 563, 18); Maryland (1810, P. L., c. 34, § 2; 1860, Code, art. 93,307; 1878, Rev. Code, art. 49, 11); Massachusetts (1692, Acts Mass. Bay, vol. I., p. 47; 1784, 1 Laws 109, 6; 1859, G. S., c. 92, 9); Michigan (1809, 2 T. L. 13, 5; 1811, 1 T. L. 160, 2; 1871, Comp. L., 4327); Minnesota (1851, R. S., c. 53, 7; 1866, G. S., c. 47, 6); Mississippi (1821, Hutch. Code 647, 21; 1871, Rev. Code, & 2395; and as to Miss. Territory in 1806, seeToulm. Dig. 883, 6); Missouri (1814, Terr. L. 133; 1821, 1 T. L. 786, 5; 1835, R. S. 617, § 7; 1845, R. S. 1078, § 24; 1855, R. S., c. 167, 23; 1865, G. S., c. 131, 22; 1879, R. S., 3985); Nebraska (1855, P. L. 63, 44; 1860, P. L. 77, 7; 1866, R. S., c. 14, 129; 1873, G. S., c. 17, 129); New Hampshire (1822, P. L. 10, 4; 1878, G. S., c. 193, 7); New Jersey (1795, Pat. Rev. 189, 19; 1877, Rev. 1246, 16); New York (1787, 1 Greenl. 386, 21; 1829, 2 R. S. 56, 22,) and as early as 1656(N. Y. Col. MSS. XVIII., p. 24,) a soldier marching against the enemy might make a will, to be proved by witnesses on their arrival at the first garrison; Oregon (1850, G. S. 274, § 24; 1855, P. L. 384, § 24); Pennsylvania (1833, P. L. 249, 8; 1872, Purd. Dig. 1474, 9); Rhode Island (1857, R. S. 356, 8; 1872, G. S. 374, { 8); South Carolina (1873, R. S. 447, 28); Texas (1840, P. L. 167, 9; 1879, R. S., 4866); Vermont (1797, Dig. L. 119, 5; 1851, C. S. 403, 9; 1862, G. S., c. 49, ? 9); Virginia (1748, 5 Stats. at Large 457, 13; 1785, 12 Id. 141, § 8; 1835, P. L. 43; 1873, Code 910, 6); West Virginia (1868, Code, c. 77, 5); Wisconsin (1838, and Seamen in the Royal Navy, and Non-commissioned Officers of Marines, and Marines, so far as relates to their Wages, Pay, Prize Money, Bounty Money and Allowances, or other Moneys payable in respect of Services in her Majesty's Navy." PUBLICATION. Publication XIII. And be it further enacted, That every will executed in manner hereinbefore required shall be valid not to be without any other publication thereof. 14 ATTESTING WITNESSES' COMPETENCY. requisite. Will not to be void on accompetency count of in XIV. (b) And be it further enacted, That if any person who shall attest the execution of a will shall, at the time of the execution thereof, or at any time afterwards, be incompetent to be admitted a witness to prove the witness, execution thereof, such will shall not on that account be invalid, 15 T. L. 302, 27; 1849, R. S. 353, 7.) In Delaware mariners at sea were originally excepted in the act of 1753 requiring wills to be in writing and attested (1 St. L. 342, 27.) 14. In New Jersey publication of a will is required by statute, and the testator must "declare it to be his will" (1838, P. L. 218, repealed 1843, P. L. 75, and substantially re-enacted 1850, P. L. 280, 1; 1851, P. L. 218, § 1; 1877, Rev. 1247, 22.) Publication was required as early as 1713 (Pat. Rev. 5; Allinson 28.) So in New York (1829, 2 R. S. 64, % 40,) under which act silent assent is not sufficient, Heyer v. Burger, Hoffm. 1, (1839,) and in California (1850, P. L., c. 72, 23; 1872, Code, 6276,) and Arkansas (1847, R. S., c. 170, 4; 1873, R. S., 5763,) and Nebraska (1856, P. L. 93, 2.) In Louisiana the code of 1825 ( 1577; ed. 1870, 1584,) requires the testator on sealing and delivering a mystic or secret will to the notary in the presence of witnesses, to "declare it to be his will." In Georgia the code of 1873 provides (2418) that of attesting "knowledge of the contents of the paper by the testator is necessary to its validity, but usually where the testator can read and write, his signature or acknowledgment of his signature is sufficient." For the rule as to publication in the absence of statutory requirements, see vol. I., p. 207, et seq.; 4 Kent 515. In the United States it has been held unnecessary in Mississippi, Wa'son v. Pipes, 32 Miss. 451 (1856); South Carolina, Verdier v. Verdier, 8 Rich. L. 135, (1855); Vermont, Dean v. Dean, 27 Vt. 746, (1855)-and necessary in Massachusetts, Swett r. Boardman, 1 Mass. 258, (1804.) (b) Vol. I., p. *111. 15. In Alabama the subsequent incompetency of a witness does not affect the validity of a will (1852, Code, 1612; 1876, Code, 2295) So in California (1850, P. L., c. 72, 4; 1872, Code, 6280); District of Columbia (1857, Rev. Code, c. 52, 23); Indiana (1876, 2 R. S. 575, 18); Kentucky (1851, R. S., c. 106, 13; 1873, G. S., c. 113, 13); Maine (1871, R. S. 563, 2); Massachusetts (1859, ་ |