perhaps, gave property in trust for her, with "power" in her "of appointment" by will, she could thus dispose of it.

Statutory Provisions.

These common law rules are given here because they are still in force in the states except just so far as they have been wholly or partially changed by statute, and excepting also the few states where the common law never prevailed. These statutory changes have been very generally effected however, and in a great majority of the states, married women may now dispose of their property by will, though in many cases with some restrictions. [See Abstracts, Title "Wills."]

In Massachusetts, for instance, a wife may dispose of her realty by will, but she cannot cut off her husband's life estate by the curtesy therein, provided there has been a child born alive to them, so that this right has accrued. If they have had no child, she may will her realty entirely away from him. She may dispose of half her personalty by will without his consent or knowledge; but to make a will of more than half, his written consent must be given. If such consent is not given, and the will purport to dispose of her entire property, it will be valid so far as onehalf of her personalty, and the disposition of her realty after her husband's death is concerned, but no further. He may retain that portion of her property which the law gives him. Though if he chooses so to do, he may give his written consent to the will after her death, which would authorize her executors to carry out its provisions in full.

CHAPTER XXVIII.

WILLS, CONtinued.

Care to be Observed in Making Wills-Construction of Wills-Use of Technical Terms-How a Will Should be Executed-Essentials of a Valid WillTestator's Signature-Signature of Witnesses— Must Sign in Testator's Presence-Must be Competent-Interested Witnesses-Revocation of WillsBy a New Will-By a Codicil-By Changed Circumstances By Marriage - Children Not Named in Will-Law Against Perpetuities-Conditions in Total Restraint of Marriage Void-Lapsed Legacies— Statutory Provisions - Nuncupative Wills-Olographic Wills.

A will should always be written with utmost care, that its meaning may not be obscure, and that its provisions may all be such as to be upheld by the law. Only a very simple, clear and short will should ever be attempted by one who is unversed in the law, and even that only in cases where it is not possible to have a lawyer attend to the matter.

Construction of Wills.

Courts are much more lenient in construing wills than any other documents, every effort being made to get at the real intent of the deceased. To this end, (241)

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the entire will is construed together as a whole; and if different parts conflict, the attempt is made to reconcile them according to the intention which probably actuated the writer. The intention is sought for, and enforced, even at the expense, sometimes, of the literal meaning of words.

Thus a deed is not good to convey a fee simple, as has already been seen, unless the grant is to "A and his heirs," the word "heirs" being essential to the life of the deed; but if in a will, one leaves real estate to "A and his children," the word children is held to mean heirs, if the context of the will so indicates.

The Use of Technical Terms.

But on the other hand, if certain technical terms or words whose meaning has been settled for centuries, are used at all, it is considered that they must have been used with knowledge of such meaning, and with intent that they should be thus understood.

So if one in a will leaves property to "A and his heirs," it cannot be construed to mean A and his children; and if A dies before the testator, without children, but leaving heirs, for instance, grandchildren, parents, brothers, sisters or wife, they will take the inheritance meant for him, even though the intention of the testator really was that only A and his own children should have the property.

It should be remembered that though it is a difficult matter to "break" a will, it is very easy to raise questions concerning its validity or its meaning, thus compelling the executors to defend suits; and all this unnecessary expense and trouble may often be avoided by using the clearest and most forcible language when writing a will, by making it as short and arranging it

as judiciously as possible, and by avoiding complicated codicils.

How a Will Should Be Executed.

A will should be written on parchment, or paper of the best quality, that it may not be easily destructible. It should be properly signed and witnessed, inclosed in an envelope plainly addressed to the executors, sealed up and deposited in some safe place where it can be readily found after the death of the testator.

It is often well to make two copies of a will, each with the same formalities, depositing one with an executor or lawyer, and keeping the other in one's own possession. The wisdom of this precaution may be seen from the fact that, if the will was last known to be in the possession of the deceased, and if it cannot be found among his papers at his death, it will be presnmed that he himself destroyed it before he died; and this presumption will be conclusive, and his property will go to his heirs, unless it can be actually proved that some one else destroyed the will, or, what is much the same thing, that the deceased did not destroy it. And as it is often very possible, in time of sickness and death, with all the attendant confusion, for some dishonest person who is familiar with the testator's papers, to make away with his will in such manner that the act may never be traced to the right source, the desirability of having an authenticated. copy deposited in safe hands becomes apparent.

In a few states, provision is made by statute, whereby one who makes a will may seal it up, prop. erly indorse the wrapper with his name and that of the person who is to open it, and deposit it with some

specified officer of court, who shall file and preserve it until the testator's death, unless it be sooner demanded by the testator, or some one by him authorized to withdraw it. [See Abstracts, Title "Wills."] Essentials of a Valid Will.

Though great care should always be taken in the wording and writing of a will, it is not so much to secure its validity as its clearness of meaning. But there are certain formalities connected with its execution which are absolutely essential to the validity of the document. A will may be written with pencil on any scrap of paper, or even with chalk or charcoal on the floor or wall, and yet be perfectly valid, providing it be signed by the testator and witnessed by the proper number of witnesses, who sign it at the testator's request and in his presence. Thus a man who was fatally injured while at work in a stable, scrawled his will with a bit of chalk on a loose board, called some men to witness it, and died immediately. The courts upheld it as a valid will.

In a few states the statute specially requires that a will be written on parchment or paper, and a few also require it to be sealed, in which cases it is of course absolutely essential that these formalities be observed. [See further as to the execution of wills, Abstracts, Title "Wills."]

Testator's Signature.

Of first importance to the validity of a will is the testator's signature. He may sign any name by which he is known, whether or not it be his real one; and even a cross or other mark is sufficient to constitute a valid signature, although it be proved that