home and dies before his return to such habitation; nor when the value exceeds $30.00, unless it be proved by three credible witnesses that the testator called on some person to take notice, or bear testimony that such is his will.-Article 7861.

No nuncupative will may be proved within fourteen days after the death of the testator, nor until those who would have been entitled by inheritance had there been no will, have been summoned to contest the same if they so desire.-Article 7862.

After six months from the time of speaking the testamentary words, no testimony can be received to prove a nuncupative will, unless the testimony, or the substance thereof, shall have been committed to writing within six days after making the will.-Article 7863.

A soldier in actual military service, or mariner at sea, may dispose of his chattels as at the common law.-Article 7864.

A posthumous child of a testator who has other children born, and who is not provided for by settlement and is pretermitted by testator's last will, succeeds to the same portion of his father's estate as if he had died intestate.-Article 7865.

If a testator, having children, makes his will and thereafter dies leaving a child or children born after the execution of his will, such child or children so afterborn and pretermitted shall, unless provided for by settlement, take as in the event of intestacy.-Section 7866.

Where testator has no children living at the time of making the will, and makes no provision for or mention of any child, and if at the time of his death he leave a child, either born or posthumous, the will is void, unless the child dies without having been married and before

he shall have attained the age of twenty-one years.-Article 7867.

A gift to a subscribing witness is void unless he would have been entitled to a share of the estate had there been no will, in which case he takes so much of said share as shall not exceed the value of the gift.-Article 7870.

In the case provided for in the preceding Article, such will may be proved by the evidence of the subscribing witnesses, corroborated by the testimony of one or more other disinterested and credible persons, to the effect that the testimony of such subscribing witnesses necessary to sustain the will is substantially true; in which event the bequest to such subscribing witnesses shall not be void.-Section 7871.

A copy of a foreign will, duly probated according to the laws of any of the United States, and of the probate thereof, attested by the clerk, may be recorded in like manner and with the same effect as deeds and conveyances, and may be contested within four years.-Article 7875.

No. 48-Utah.

[COMPILED LAws, 1907.]

Every person over the age of eighteen years, of sound mind, may, by last will, dispose of all his estate, real and personal, provided, that a married man shall not devise away from his wife more than two-thirds in value of his legal or equitable estates in real property without her consent in writing.-Section 2731.

A married woman may dispose of all 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. Her will must be executed and proved in like manner as other wills.-Section 2733.

A testamentary disposition may be made to any person capable by law of taking the property so disposed of, but corporations other than those formed for scientific, literary, religious, charitable, benevolent, or solely educational purposes can not take under a will, unless expressly authorized by statute.-Section 2734.

Every will, other than a nuncupative will, must be in writing, and every will other than an olographic or a nuncupative will, must be executed and attested as follows:

1. It must be subscribed at the end thereof by the testator himself;

2. The subscription must be made in the presence of the attesting witnesses;

3. The testator must at the time of subscribing 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, in his presence, and in the presence of each other.-Section 2735.

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 Utah, and need not be witnessed. Such wills may be proved in the same manner as other private writings.Section 2736.

A witness to a written will must write, with his name, his place of residence. But a violation of this section. does not affect the validity of the will.-Section 2737.

A conjoint or mutual will is valid, but it may be re

voked by any of the testators in like manner as any other will.-Section 2738.

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 the allowance of the will if it is otherwise satisfactorily proved.-Section 2739.

Wills sealed up and indorsed may be deposited with the county clerk, who shall file and safely preserve the same until the death of the testators, unless such testators shall themselves sooner demand the same.-Section 2740.

A will, the validity of which is made by its own terms conditional, may be denied probate, according to the event, with reference to the condition.-Section 2741.

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 2742.

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 2743.

A will of real or personal property, or both, or a revocation thereof, made out of this state by a person not having his domicile in this state, is as valid when exe

cuted according to the law of the place in which the same was made, or in which the testator was at the time domiciled, as if it were made in this state and according to the provisions of this chapter.-Section 2744.

The execution of a codicil referring to a previous will has the effect to republish the will as modified by the codicil.-Section 2745.

A

nuncupative will is not required to be in writing nor to be declared or attested with any formalities.-Section 2746.

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 $1,000;

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 have been at that time in expectation of immediate death from an injury or casualty happening or occurring within twenty-four hours previous to the making of such nuncupative will.-Section 2747.

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 2748.

A written will can be revoked or altered by a written will, or other writing of the testator, declaring such revocation or alteration, and executed with the same formalities with which a will should be executed by such tes