sses, so he both fooled his wife and pleased himself, for his
will was worthless. The statutes require the witnesses to sign in the
testator's presence, who often give important testimony of his
competency whenever his will is contested. As they may be called for
this purpose, intelligence should be used in selecting persons to
become witnesses. A witness who is competent at the time of signing
does not become incompetent by reason of anything that may happen to
him afterward. A witness should not be given anything in the will,
for, if this is done, his act of witnessing in perhaps all the states
violates the gift. Though this may be the consequence the rest of the
will is not thereby impaired. The property given is either real or
personal. Real property consists of land extending indefinitely upward
and downward, every building thereon, every growing thing, likewise
all minerals and in some cases even ice. Personal property includes
everything of a movable nature. A transformation is often effected. A
tree while standing on the land is a part thereof; cut down it becomes
personal property.

A will should be in writing; and this in most states is a statutory
requirement, to guard against the wrongs and frauds that might
otherwise arise. A testator may write his own will, indeed to do so
would be a good test of will-making capacity. If he is unable to write
his name, he may make his mark. When this is done, there should be
ample proof that he did so, for a mark can be so easily made by any
one.

A person to whom real estate is given is called a devisee; the
receiver of personal property a legatee. When the testator gives real
estate he must have regard to the laws of the state where it is
situated; in giving personal property he is governed by the law of the
state where he resides, his domicil. Many a devise has been declared
invalid, because the testator in devising it did not comply with the
law of the state where the land was located.

The principal ground on which wills are attacked is feebleness of
mind, lack of mental capacity. The question assumes this form: did the
testator at the time he executed his will have sufficient mental
capacity to do it. An eminent jurist, Chief Justice Redfield, has said
that he must have undoubtedly sufficient active memory to perceive the
more obvious relations of things to each other. Even if unable to
manage his business, he can nevertheless make a will if he knows what
he is d