lands, tenements, or hereditaments for the payment of any debt or debts, shall be thereby given or made, such devise, legacy, estate, gift, or appointment shall, so far only as concerns such person attesting the execution of such will, or any person claiming under him, be void; and such person shall be admitted as a witness to the execution of such will.-Section 7335.

If any such witness would be entitled to any share in the testator's estate in case the will should not be established, then so much of the estate as would have descended or would have been distributed to such witness shall be saved to him as will not exceed the value of the devise or bequest made to him in the will; and he may recover the same from the devisees or legatees named in the will in proportion to and out of the parts devised and bequeathed to him.-Section 7336.

If the execution of such will be attested by a sufficient number of other competent witnesses, as required by this act, then such devise, legacy, interest, estate, gift, or appointment shall be valid.-Section 7337.

If by any will any real estate be charged with any debt, and any creditor whose debt is so charged has attested the execution of such will, every such creditor shall be admitted as a witness to the execution of such will.-Section 7338.

If any person has attested or shall attest the execution of any will to whom any legacy or bequest is thereby given, and such person, before giving testimony concerning the execution of such will, shall have been paid, or have accepted or released, or shall refuse to accept, such bequest or legacy upon tender thereof, such person shall be admitted as a witness to the execution of such will.Section 7339.

If any legatee or devisee who has attested or shall attest the execution of any will shall have died or die in the lifetime of the testator, or before he shall have received or released the legacy or bequest so given to him, and before he shall have refused to receive such legacy or bequest on a tender made thereof, such legatee or devisee shall be deemed a legal witness to the execution of such will.-Section 7341.

No person to whom any estate, gift, or appointment shall be given or made which is hereby declared to be null and void, or who shall have refused to receive such legacy or bequest on tender made, and who shall have been examined as a witness concerning the execution of such will, shall, after he shall have been so examined demand or receive, except as provided in section 7336, any profit or benefit of or from any such estate, interest, gift, or appointment so given or made to him by any such will, or demand, receive, or accept from any person any such legacy or bequest, or any satisfaction or compensation for the same.-Section 7342.

A devise to one for life and after his death to his children or heirs, or right heirs in fee, confers a life estate on the first taker, with remainder in fee to the children.Section 7343.

A devise carries all interest owned by the testator at his death, nothing to the contrary appearing.-Section 7344.

No. 40 Pennsylvania.

[WILLS ACT OF 1917, STATS. 1917, No. 190, p. 403, EFFECTIVE Jan. 1, 1918.]

"Be it enacted, &c., That every person of sound mind and of the age of twenty-one years or upwards, whether married or single, may dispose by will of his or her real

estate, whether such estate is held in fee simple or for the life or lives of any other person or persons, and whether in severalty, joint tenancy or common, and also of his or her personal estate.-Section 1.

"Every will shall be in writing, and, unless the person making the same shall be prevented by the extremity of his last sickness, shall be signed by him at the end thereof, or by some person in his presence and by his express direction; and, in all cases, shall be proved by the oaths or affirmations of two or more competent witnesses; otherwise, such will shall be of no effect: Provided, That the presence of dispositive or testamentary words or directions, or the appointment of an executor, or the like, after the signature to a will, whether written before or after the execution thereof, shall not invalidate that which precedes the signature.-Section 2.

"If the testator be unable to sign his name, for any reason other than the extremity of his last sickness, a will to which his name is subscribed in his presence, by his direction and authority, and to which he makes his mark or cross, unless unable so to do,-in which case the mark or cross shall not be required,―shall be as valid as though he had signed his name thereto: Provided, That such will shall be proved by the oaths or affirmations of two or more competent witnesses.-Section 3. "Personal estate may be bequeathed by a nuncupative will, under the following restrictions:

"(a) Such will shall in all cases be made during the last sickness of the testator, and in the house of his habitation or dwelling, or where he has resided for the space of ten days or more next before the making of such will, except where such person shall be surprised by sickness, being from his own house.

"(b) Where the sum or value bequeathed shall exceed one hundred dollars, it shall be proved that the testator, at the time of pronouncing the bequest, did bid the persons present, or some of them, to bear witness that such was his will, or to that effect; and, in all cases, the foregoing requisites shall be proved by two or more witnesses who were present at the making of such will.

(c) No testimony shall be received to prove any nuncupative will after six months elapsed from the speaking of the alleged testamentary words, unless the said testimony, or the substance thereof, were committed to writing within six days after the making of said will.—Section 4.

"Notwithstanding this act, any mariner being at sea, or any soldier being in actual military service, may dispose of his movables, wages, and personal estate as he might have done before the making of this act.-Section 5.

"No estate, real or personal, shall be bequeathed to any body politic, or to any person in trust for religious or charitable uses, except the same be done by will attested by two credible, and, at the time, disinterested witnesses, at least thirty days before the decease of the testator; and all dispositions of property contrary hereto shall be void and go to the residuary legatee or devisee, heirs or next of kin, according to law. A disinterested witness, within the meaning of this section, is a witness not interested in such religious or charitable use,—this section not being intended to apply to a witness interested in some other devise or bequest in the same instrument. -Section 6.

"The emblements, or crops, growing on lands held by a widow in dower, or by any other tenant for life, may be disposed of by will as other personal estate. Rents

and other periodical payments accruing to any tenant for life, or to any other person entitled under the laws. of this Commonwealth regulating the descent and partition of real estate, may, so far as the same may have accrued on the day of death of such tenant for life or other person, be disposed of by will in like manner. Section 7.

"(a) Every person competent to make a will, being the father or adopting father of any minor child unmarried, may appoint a testamentary guardian for such child during his or her minority, or for any shorter period: Provided, That such testamentary guardian shall not be entitled to the custody of the person of such child unless the mother or adopting mother, if surviving, shall relinquish such custody, or unless the best interests of the child shall require that such surviving mother or adopting mother should not retain the custody of the person of such child.

"(b) Every person competent to make a will, being the mother or adopting mother of any minor child unmarried, may appoint a testamentary guardian for such child during his or her minority, or for any shorter period, whenever the father or adopting father of such child shall be deceased and has not appointed such a guardian. Such mother or adopting mother, who shall leave to such child an estate, either real or personal, may appoint a testamentary guardian for such estate of the child, whether the father or adopting father of such child shall be living or dead, and whether he shall or shall not have appointed a testamentary guardian for such child.

"(c) No father who shall have, for one year or upward previous to his death, wilfully neglected or refused to provide for his child or children, and no mother who