|
husband or wife of a witness; a bequest made to either of
these is void.
2740. FORM OF WILLS.--Form is unimportant, provided the testator's
intention is clear. It should commence with his designation; that is,
his name and surname, place of abode, profession, or occupation. The
legatees should also be clearly described. In leaving a legacy to a
married woman, if no trustees are appointed over it, and no specific
directions given, "that it is for her sole and separate use, free from
the control, debts, and incumbrances of her husband," the husband will
be entitled to the legacy. In the same manner a legacy to an unmarried
woman will vest in her husband after marriage, unless a settlement of it
is made on her before marriage.
2741. In sudden emergencies a form may be useful, and the following has
been considered a good one for a death-bed will, where the assistance of
a solicitor could not be obtained; indeed, few solicitors can prepare a
will on the spur of the moment: they require time and legal forms, which
are by no means necessary, before they can act.
I, A.B., of No. 10, ----, Street, in the city of ----
[gentleman, builder, or grocer, as the case may be,] being of
sound mind, thus publish and declare my last will and testament.
Revoking and annulling all former dispositions of my property, I
give and bequeath as follows:--to my son J.B., of ----, I give
and bequeath the sum of ---; to my daughter M., the wife of J.,
of ----, I give and bequeath the sum of ---- [if intended for
her own use, add "to her sole and separate use, free from the
control, debts, and incumbrances of her husband"], both in
addition to any sum or sums of money or other property they have
before had from me. All the remaining property I die possessed
of I leave to my dear wife M. B., for her sole and separate use
during her natural life, together with my house and furniture,
situate at No. 10, ---- Street, aforesaid. At her death, I
desire that the said house shall be sold, with all the goods and
chattels therein [or, I give and bequeath the said house, with
all the goods and chattels therein, to ----], and the money
realized from the sale, together with that in which my said wife
had a life-interest, I give and bequeath in equal moieties to my
son and daughter before named. I appoint my dear friend T.S., of
----, and T.B., of ----, together with my wife
|