to show entries
adverse to his own claim.

2732. WILLS.--The last proof of affection which we can give to those left
behind, is to leave their worldly affairs in such a state as to excite
neither jealousy, nor anger, nor heartrendings of any kind, at least for
the immediate future. This can only be done by a just, clear, and
intelligible disposal of whatever there is to leave. Without being
advocates for every man being his own lawyer, it is not to be denied
that the most elaborately prepared wills have been the most fruitful
sources of litigation, and it has even happened that learned judges left
wills behind them which could not be carried out. Except in cases where
the property is in land or in leases of complicated tenure, very
elaborate details are unnecessary; and we counsel no man to use words in
making his will of which he does not perfectly understand the meaning
and import.

2733. All men over twenty-one years of age, and of sound mind, and all
unmarried women of like age and sanity, may by will bequeath their
property to whom they please. Infants, that is, all persons under
twenty-one years of age, and married women, except where they have an
estate to their "own separate use," are incapacitated, without the
concurrence of the husband; the law taking the disposal of any property
they die possessed of. A person born deaf and dumb cannot make a will,
unless there is evidence that he could read and comprehend its contents.
A person convicted of felony cannot make a will, unless subsequently
pardoned; neither can persons outlawed; but the wife of a felon
transported for life may make a will, and act in all respects as if she
were unmarried. A suicide may bequeath real estate, but personal
property is forfeited to the crown.

2734. Except in the case of soldiers on actual service, and sailors at
sea, every will must be made in writing. It must be signed by the
testator, or by some other person in his presence, and at his request,
and the signature must be made or acknowledged in the presence of two or
more witnesses, who are required to be present at the same time, who
declare by signing that the will was signed by the testator, or
acknowledged in their presence, and that they signed as witnesses in
testator's presence.

2735. By the act of 1852 it was enacted that no will shall be valid
unless signed at the foot or end thereof by the testator, or by some
person in his presence, and by his direction; but a su