oing.
Again an insane person may make a will provided this is done during a
lucid interval. Many a person is insane only at times or on particular
subjects and therefore may be competent to make a rational disposition
of his property. Some persons have curious religious beliefs,
prejudices against persons, governments and institutions, and yet
these vagaries may not impair their capacity to dispose of their
property in a legal and rational manner.
Another requirement of a testator is that he must declare in the
presence of the witnesses that it is his last will and testament. This
is called a publication of the will. Of course, his will must be
completed when this is done. Suppose a person makes several wills,
which one of them is effective? The last one. A will should be dated,
suppose this has been forgotten, what then? The last will must be
established, if possible, by other evidence. Suppose it is believed
that the last will has been destroyed, and a prior will is found, can
this be set up as establishing the testator's disposition of his
property? It is not his last will, for he has made another.
Any person may be a devisee or legatee including married women, minors
and corporations. If a bequest is made to a corporation not in
existence, is it valid? By some courts this can be done, by others
this power is denied to a testator. Many a well-meant bequest to a
noble charity has been smitten down because there was no legal donee
then existing to receive the gift. A testator may bequeath property
to a trustee who shall select the objects of the testator's bounty.
The thing bequeathed must be described with sufficient clearness to
identify it, nothing more is required. In some cases proper evidence
may be used to identify things where the description in the will is
ambiguous.
A devise of lands may consist of the entire estate or interest of the
testator, or he may give the devisee a lesser interest in them. It is
a common thing for a testator to devise the use of land to a person
during his lifetime, and after his death the entire interest or fee to
another. He usually adds a final or residuary clause to his will to
the effect, that all he may have which has not been bequeathed to any
one specifically shall be given to one or more persons or objects
named in his will. Or, if a legacy shall lapse, that is, the person to
whom it has been given shall die, or for any other reason cannot, or
will not take it, it
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