686 TESTAMENTARY LAW. [ART. 93.

304. No devise, legacy, or bequest shall lapse or fail of taking
effect by reason of the death of any devisee or legatee (actually
and specially named as devisee or legatee, or who is or shall be
mentioned, described, or in any manner referred to, or desig-
nated or identified as devisee or legatee in any will, testament or
codicil,) in the lifetime of the testator; but every such devise,
legacy, or bequest shall have the same effect and operation in
law to transfer the right, estate, and interest in the property
mentioned in such devise or bequest, as if such devisee or legatee
had survived the testator.

305. In every will whereby any lands or real property shall
be devised to any person, and no words of perpetuity or limita-
tion are used in such devise, the devisee shall take under and
by virtue of such devise, the entire and absolute estate and
interest of the testator in such lands or real property, unless
it shall appear, by devise over or by words of limitation or
otherwise, that the testator intended to devise a less estate and
interest.

306. No nuncupative will shall be good where the estate be-
queathed thereby shall exceed the value of three hundred dollars,
that is not proved by the oaths of three witnesses at least, who
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 in the time of the last sickness of the deceased, and in the
house of his habitation or dwelling, or where he hath been resi-
dent for the space of ten days or more next before the making
of such will, except where such person was surprised or taken
sick, being from his own home, and died before he returned to
the place of his dwelling.

307. Six months after the speaking of the pretended testa-
mentary words, no testimony shall be received to prove any
will nun.cupative, except the said testimony, or the substance
thereof, were committed to writing within six days after the
making of the said will; but any soldier being in actual mili-
tary service, or any mariner or seaman being at sea, may dispose
of his movables, wages, and personal estate as heretofore.

308. A wife shall have a right to make a will, and give all her
property, or any part thereof, to her husband, or to other per-