of the testator or testatrix, such will may be established by the unimpeachable evidence of at least three disinterested witnesses to the handwriting and signature of each testator or testatrix, notwithstanding there may be no attesting witnesses to such will; but no will without such subscribing witnesses shall be pleaded in bar of a will subscribed in due form.-Section 10051. Every person who shall sign the testator's name to any will, by his direction, shall write his own name as a witness to such will, and state that he signed the testator's name at his request.-Section 10052. A will is revoked by another will or writing executed with the formalities of a will and declaring such revocation, or by burning, tearing, cancelling, obliterating or destroying. Section 10053. If, after making any will disposing of the whole estate of the testator, such testator shall marry and have issue by such marriage, born either in his lifetime or after his death, and the wife or the issue of such marriage shall be living at the death of the testator, such will shall be deemed revoked, unless provisions shall have been made for such issue by some settlement, or unless such issue shall be provided for in the will, and no evidence shall be received to rebut the presumption of such revocation.Section 10054. A will of a married woman is revoked by subsequent marriage. Section 10055. An agreement to convey property devised or bequeathed is not deemed a revocation.-Section 10056. A charge or encumbrance upon property devised or bequeathed is not deemed a revocation.-Section 10057. Whenever a testator shall have a child born after the making of his will, either in his lifetime or after death, III Com. on Wills-41 and shall die, leaving such child, so after-born, unprovided for in any settlement, and neither provided for nor in any way mentioned in his will, every such child shall succeed to the same portion of his father's estate, real and personal, as would have descended or been distributed to such child if the father had died intestate, and shall be entitled to recover the same portion from the devisees and legatees in proportion to and out of the parts devised or bequeathed to them by such will.-Section 10058. When any person shall make his last will and testament and omit to mention the name of a child, if living, or the legal representatives of such child born and living at the time of the execution of such will, every such person, so far as regards such child, shall be deemed to have died intestate and such child shall be entitled to such proportion, share and dividend of the estate, real and personal, of the testator as if he had died intestate; and such child shall be entitled to recover from the devisees and legatees in proportion to the amount of their respective shares, and the court exercising probate jurisdiction shall have power to decree a distribution of such estate according to the provisions of this and the preceding section.-Section 10059. A legacy or devise to a child, or other descendant, who dies in the lifetime of the testator, leaving a child or other descendant who survives the testator, does not lapse, but vests in the surviving child or descendant of such legatee or devisee.-Section 10061. A revocation of a second will will not revive a prior, unless such intention appears from the terms of the revocation, or unless the prior is duly republished.-Section 10062. No nuncupative will shall be good where the estate bequeathed exceeds the value of five hundred dollars, nor unless it be proved by at least two witnesses, who were present at the making thereof; nor unless it be proved that the testator, at the time of pronouncing the same, called on some person present to bear witness that such was his will, or to that effect; nor unless such nuncupative will was made at the time of his last sickness, and at the dwelling of the deceased, or where he had resided for the space of ten days or more except when the deceased may have been taken sick from home and died before his return.-Section 10063. All mariners at sea or soldiers in the military service may dispose of their wages and other personal property as at common law. No proof of any nuncupative will shall be received, unless it be offered for probate within six months after the speaking of the testamentary words, nor unless the words, or the substance thereof, were reduced to writing and signed by witnesses within fifteen days after they were spoken.-Section 10065. No probate of any nuncupative will shall be made for twenty days after the death of the testator, nor shall any nuncupative will be at any time proved, unless the substance thereof be committed to writing and a citation be issued, accompanied with a copy of such will, and served on the widow and next of kin of the deceased, if any, that they may appear at a time in such citation specified, and contest the probate of such will, if they think proper.-Section 10066. When a will of a non-resident of Arkansas, relative to an estate within the state of Arkansas, has been proved without the same, an authenticated copy thereof and the certificate of probate thereof may be offered for probate in Arkansas. When such copy is so offered, the court to which it is offered shall presume in the absence of evidence to the contrary, that the will was duly executed and admitted to probate as a will of personalty in the state or country of the testator's domicile, and shall admit such copy as a will of personalty in Arkansas; and, if it appears from such copy that the will was proved in the foreign court of probate to have been so executed as to be a valid will of lands in Arkansas, by the law thereof, such copy may be admitted to probate as a will of real estate.-Section 10072. No. 5-California. Every person over the age of eighteen may make a will.-Section 1270. Married woman may dispose of all of her separate estate by will, without the consent of her husband, and may alter or revoke the will in like manner as if she were single.-Section 1273. Every interest in property to which succession might be had, may be disposed of by will.-Section 1274. Any person may take, except corporations, other than counties, municipal corporations, and corporations formed for scientific, literary or solely educational or hospital purposes.-Section 1275. No estate, real or personal, may be bequeathed or devised to any charitable or benevolent society or corporation, or in trust for charitable uses, except by will duly executed at least thirty days before the decease of the testator, nor shall such devise or bequest exceed one-third of the estate of the testator leaving legal heirs.-Section Every will, other than a nuncupative will, must be in writing; and every will, other than an olographic will, and a nuncupative will, must be executed and attested as follows: 1. It must be subscribed at the end thereof by the testator himself, or some person in his presence and by his direction must subscribe his name thereto; 2. The subscription must be made in the presence of the attesting witnesses, or be acknowledged by the testator to them to have been made by him or by his authority; 3. The testator must, at the time of subscribing or acknowledging the same, declare to the attesting witnesses that the instrument is his will; and, 4. There must be two attesting witnesses, each of whom must sign the same as a witness, at the end of the will, at the testator's request and in his presence.-Section 1276. An olographic will is one that is entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this state, and need not be witnessed.-Section 1277. A witness to a written will must write his name and place of residence, and a person who subscribed the testator's name, by his direction, must write his own name as a witness to the will. But a violation of this does not affect the validity of the will.-Section 1278. A conjoint or mutual will is valid, but may be revoked by any of the testators.-Section 1279. If the subscribing witness is competent at the time of subscribing the will, subsequent incompetency does not revoke the probate of the will.-Section 1280. Gifts to subscribing witnesses are void, unless there |