After-born child takes as in case of intestacy, unless the contrary intention appears.-Section 2286.

Child omitted by mistake, or the issue of a deceased child omitted by mistake, takes the same share as in case of intestacy.-Section 2287.

Where a gift is made to a child or other relation of the testator and the devisee or legatee die before the testator leaving issue surviving the testator, such issue take the estate so given by the will, unless a different intention appears.-Section 2289.

A will is revoked by burning, tearing, cancelling or obliterating, or by another will or codicil, or writing executed in the manner of a will.-Section 2290.

Wills may be deposited with the county judge for safekeeping. Section 2291.

No nuncupative will is good where the estate bequeathed exceeds $150.00 that is not proved by the oath of three witnesses, at least, that were present at the making thereof; nor unless it be proved that the testator, at the time of pronouncing the same, did bid the persons present, or some of them, to bear witness that such was his will or to that effect; nor unless such nuncupative will were made at the time of the last sickness of the deceased and in the house of his or her habitation or dwelling, or where he had been resident for the space of ten days or more next before the making of such will, except where such person was unexpectedly taken sick, being from home, and died before he or she returned to the place of his or her habitation.-Section 2292.

After six months shall have passed after speaking any pretended testamentary words no testimony shall be received to prove the same as a nuncupative will unless the said words or the substance thereof were reduced to writ

ing within six days after the same testamentary words were spoken. Nor shall letters testamentary or probate of any nuncupative will be issued by any county court until fourteen days, at least, after the decease of the testator be fully expired; nor shall any nuncupative will be at any time approved and allowed unless notice shall have first been given to the widow and other persons princi pally interested, if resident within the state, to the end that they may contest the same if they please. Nothing herein contained shall prevent any soldier being in actual service nor any mariner being on shipboard from dispos ing of his wages and other personal estate by a nuncupative will.-Section 2293.

When a will devising lands in Wisconsin, or any interest therein, shall have been duly proved and allowed in the proper court of any state of the United States or the territories thereof a copy of such will and of the probate thereof, duly authenticated, may be recorded in the office of the register of deeds of any county in which any such lands are situated, and when so recorded, and all such as may have heretofore been so recorded, shall be as valid and effectual to pass the title to such lands as if such will had been duly proved and allowed by the proper court in Wisconsin; and the record of such copy or a duly certified transcript thereof shall be presumptive evidence of the authority of any person authorized by such will to convey or otherwise dispose of any such lands.-Section 2295.

No. 54 Wyoming.

[COMPILED STATUTES, 1910.]

Any person of full age and sound mind may dispose by will of all his property, except what is sufficient to pay

his debts or what is allowed by law to husband and family or wife and family.-Section 5394.

Any woman while married may make a will the same as if she were sole.-Section 3911.

Every devise of land is construed to convey the testator's entire interest therein, unless a contrary intention appears.-Section 5395.

After acquired realty passes, if such is the testator's intention.-Section 5396.

All wills to be valid must be in writing, or typewritten, witnessed by two competent witnesses, and signed by the testator or by some person in his presence and by his express direction, and if the witnesses are competent at the time of attesting the execution of the will, their subsequent incompetency, from whatever cause it may arise, shall not prevent the probate and allowance of the will. No subscribing witness to any will can derive any benefit therefrom unless there be two disinterested and competent witnesses to the same, but if without a will such witness would be entitled to any portion of the testator's estate, such witness may still receive such portion to the extent and value of the amount devised, and any typewritten wills which may have been executed prior to February 6th, 1895, shall be admitted to probate, notwithstanding the fact that they are typewritten, if in all other respects they are legally executed.-Section 5397.

No will or any part thereof shall be revoked unless by burning, tearing, cancelling or obliterating the same with the intention of revoking it, by the testator or some person in his presence and by his direction, or by some other will or codicil in writing, signed, attested and subscribed in the manner provided by law for the execution of a will, excepting only that nothing contained in

this section shall prevent the revocation implied by law from subsequent changes in the condition or circumstances of the testator. The power to make a will implies the power to revoke the same.-Section 5398.

All wills duly proved and allowed in another state or foreign country, may be allowed and recorded in the proper court in Wyoming.-Section 5420.

Nuncupative wills may, at any time within six months after the testamentary words are spoken by the decedent, be admitted to probate, on petition and notice, as provided for the probate of other wills. The petition, in addition to the jurisdictional facts, must allege that the testamentary words, or the substance thereof, were reduced to writing within thirty days after they were spoken, which writing must accompany the petition.Section 5436.

II. GREAT BRITAIN AND IRELAND, AND BRITISH POSSESSIONS

No. 55-Wills Act, 1837.

STATUTE OF I. VICTORIA, CH. 26.

[AN ACT FOR THE AMENDMENT OF THE LAWS WITH RESPECT TO WILLS.] Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lord's Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows: (that is to say) The word "will" shall extend to a testament, and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament or devise of the custody and tuition of any child, by virtue of an Act passed in the twelfth year of the reign of King Charles the Second, intituled "An Act for taking away the Court of Wards and Liveries, and Tenures in Capite and by Knights Service, and Purveyance, and for settling a Revenue upon his Majesty in lieu thereof," or by virtue of an Act passed in the Parliament of Ireland in the fourteenth and fifteenth years of the reign of King Charles the Second, intituled "An Act for taking away the Court of Wards and Liveries, and Tenures in Capite and by Knights Service," and to any other testamentary disposition; and the words "real estate" shall extend to manors, advowsons, messuages, lands, tithes, rents and hereditaments, whether freehold, customary freehold, tenant right, customary or copyhold, or of any other (2615)

III Com. on Wills-50