number of other competent witnesses, a devise to a subscribing witness is valid.-Section 572.

A creditor may be a witness.-Section 573.

If any person, by last will, devise any real estate to any person, for the term of such person's life, and, after his or her death, to his or her children or heirs or right heirs in fee, such devise shall vest an estate for life only in such devisee, and remainder in fee simple in such children.-Section 578.

No. 28-Montana.

[REVISED CODES, 1907.]

Every person over the age of eighteen years of sound mind, may, by last will, dispose of all of his estate, real and personal.-Section 4723.

A testamentary disposition may be made to any person capable of taking the property so disposed of, except corporations other than those formed for scientific, literary, or solely educational purposes, can not take under a will, unless expressly authorized by statute.-Section 4725.

Every will, other than a nuncupative will, must be in writing; and every will, other than a holographic 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 to them by the testator, to have been made by him or by his authority.

3. The testator must, at the time of subscribing or ac

knowledging 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 his name as a witness, at the end of the will, at the testator's request, and in his presence.-Section 4726.

A witness to a written will must write, with his name, his place of residence; and a person who subscribes the testator's name, by his direction, must write his own name as a witness to the will. But a violation of this section does not affect the validity of the will.-Section 4728. If the subscribing witnesses to a will are competent at the time of attesting its execution, their subsequent incompetency, from whatever cause it may arise, does not prevent the probate and allowance of the will, if it is otherwise satisfactorily proved.-Section 4730.

All beneficial devises, legacies, and gifts whatever, made or given in any will to a subscribing witness thereto, are void, unless there are two other competent subscribing witnesses to the same; but a mere charge on the estate of the testator for the payment of debts does not prevent his creditors from being competent witnesses to his will.-Section 4732.

If a witness, to whom any beneficial devise, legacy, or gift, void by the preceding section, is made, would have been entitled to any share of the estate of the testator, in case the will should not be established, he succeeds to so much of the share as would be distributed to him, not exceeding the devise or bequest made to him in the will, and he may recover the same of the other devisees or legatees named in the will, in proportion to and out of the parts devised or bequeathed to them.-Section 4733. To make a nuncupative will valid, and to entitle it to

be admitted to probate, the following requisites must be observed:

1. The estate bequeathed must not exceed in value the sum of one thousand dollars.

2. It must be proved by two witnesses who were present at the making thereof, one of whom was asked by the testator at the time to bear witness that such was his will, or to that effect.

3. The decedent must, at the time, have been in actual military service in the field, or doing duty on shipboard at sea, and in either case in actual contemplation, fear, or peril of death; or the decedent must have been, at the time, in expectation of immediate death from injury received the same day.-Section 4738.

No proof must be received of any nuncupative will, unless it is offered within six months after speaking the testamentary words, nor unless the words, or the substance thereof, were reduced to writing within thirty days after they were spoken.-Section 4739.

No probate of any nuncupative will must be granted for fourteen days after the death of the testator, nor must any nuncupative will be at any time proved, unless the testamentary words, or the substance thereof, be first committed to writing, and a process issued to call in the widow, or other persons interested, to contest the probate of such will, if they think proper.-Section 4740.

A written will is revoked or altered:

1. By a written will, or other writing of a testator, declaring such revocation or alteration, and executed with the same formalities with which a will should be executed by such testator; or,

2. By being burnt, torn, cancelled, obliterated, or destroyed, with the intent and for the purpose of revoking

the same, by the testator himself, or by some person in his presence and by his direction.-Section 4741.

When a will is cancelled or destroyed by any other person than the testator, the direction of the testator and the fact of such injury or destruction, must be proved by two witnesses.-Section 4742.

If, after having made a will, the testator marries, and has issue of such marriage, born either in his lifetime or after his death, and the wife or issue survives him, the will is revoked, unless provision has been made for such issue by some settlement, or unless such issue are provided for in the will, or in such way mentioned therein as to show an intention not to make such provision, and no other evidence to rebut the presumption of such revocation can be received.-Section 4746.

If, after making a will, the testator marries, and the wife survives the testator, the will is revoked, unless provision has been made for her by marriage contract, or unless she is provided for in the will, or in such way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of revocation must be received.-Section 4747.

A will, executed by an unmarried woman, is revoked by her subsequent marriage, and is not revived by the death of her husband.-Section 4748.

Whenever a testator has a child born after the making of his will, either in his lifetime or after his death, and dies leaving such child unprovided for by any settlement, and neither provided for nor in any way mentioned in his will, the child succeeds to the same portion of the testator's real and personal property that he would have succeeded to if the testator had died intestate.-Section

When any testator omits to provide in his will for any of his children, or for the issue of any deceased child, unless it appears that such omission was intentional, such child, or the issue of such child, must have the same share in the estate of the testator as if he had died intestate.-Section 4755.

No. 29-Nebraska.

[REVISED STATUTES, 1913.]

Every person of full age and sound mind, seized in his own right of any lands, or of any interest therein, may make a will.-Section 1286.

Devises construed to convey all the estate of the devisor.-Section 1287.

After-acquired property passes by will.-Section 1288. Every person of full age and of sound mind may dispose of personal property by will.-Section 1289.

Wills must be in writing, signed by the testator, or some person in his presence, and by his express direction, and attested and subscribed in the presence of the testator by two or more competent witnesses. Subsequent incompetency of a subscribing witness does not prevent probate.-Section 1290.

No nuncupative will is good where the estate thereby bequeathed exceeds $150.00 that is not proved by the oath of three witnesses who were present at the making, nor unless it be proved that the testator did request some of those present to bear witness that such was his will; nor unless such nuncupative will was made at the time of the last sickness and at the place of habitation of the deceased, or where he had been a resident for ten days before the making of the will, except when he was unexpectedly taken sick away from home and died before returning. Section 1291.