ART. 93.] TESTAMENTARY LAW. 685
299. No will, testament or codicil shall be effectual to create
any interest or perpetuity, or make any limitation, or appoint
any uses not now permitted by the Constitution or laws of this
State.
300. No will, testament or codicil shall be good and effectual
for any purpose whatsoever, unless the person making the same
be at the time of executing or acknowledging it as hereafter
directed, of sound and disposing mind, and capable of executing
a valid deed or contract. No will, testament or codicil shall be
good and effectual to pass any interest or estate in any land,
tenement or incorporeal hereditament, unless the person making
the same, if a male, be of the full age of twenty-one years, and
if a female, of the full age of eighteen years.
301. All devises and bequests of any lands or tenements
devisable by law, shall be in writing, and signed by the party
so devising the same, or by some other person in his presence,
and by his express directions, and shall be attested and sub-
scribed in the presence of the said devisor, by three or four
credible witnesses, or else they shall be utterly void and of none
effect.
302. No devise in writing of lands, tenements or heredita-
ments, or any clause thereof, shall be revocable otherwise
than by some other will or codicil in writing, or other writing
declaring the same; or burning, cancelling, tearing or oblite-
rating the same by the testator himself, or in his presence and
by his directions and consent; but all devises and bequests of
lands and tenements shall remain and continue in force until the
same be burnt, cancelled, torn or obliterated by the testator or
his directions in manner aforesaid, or unless the same be altered
by some other will or codicil in writing, or other writing of the
devisor, signed in the presence of three or four witnesses, de-
claring the same.
303. No will in writing concerning any goods or chattels, or
personal estate, shall be repealed, nor shall any clause, devise, or
bequest therein be altered or changed by word of mouth only,
except the same be in the lifetime of the testator committed to
writing, and after the writing thereof read unto the testator and
allowed by him, and proved to be so done by three witnesses at
the least.
|
![clear space](../../../images/clear.gif) |