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WILLS and TESTAMENTS.
81.
of lands, for the statute requires that the devisor
of land be twenty-one years of age.
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Idiots, lunaticks during the time of their
insanity,
a person overcome with liquor, during
the time of his drunkenness, cannot make
a will.
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Who may not
make a will. |
What degree of weak understanding makes a
man incapable to make a will, is not to be exactly
defined--when the objection is made,
the enquiry will determine, whether the party
knew what he did, when he did the act. Vid.
Swin, 8, 76, 78, 79, 80, 83--Mod. 759--
C. Co. 23.
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Wills extorted by terror, or restraint, or obtained
by fraud, are not good. Sin. 475, 476--
Str. 427--2 P. Will. 286--Burr. rep.
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A traitor, and felon cannot make a will of
his own chattels; tho' he may, of what he hat
as executor. Swin. 97, 98.
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If a man willingly kill himself, his will of
chattels is void. Swin. 106. But not of
lands, because the lands are not forfeited.
3 Inst. 55.
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