Page:1862 Territory of Dakota Session Laws.pdf/503

486 will pass the seal of any probate court, until fourteen days at least after the decease of the testator be fully expired, nor shall any nuncupative will be at any time approved and allowed, unless process shall first have been issued to call in the widow and other person or persons principally interested, if resident within the territory, to the end that they may contest the same if they please. Nothing herein contained shall prevent any soldier, being in actual service, nor any mariner, being on ship-board, from disposing of his wages and other personal estate by a nuncupative will.

. 8. All beneficial devises, legacies, and gifts whatsoever, made or given in any will, to a subscribing witness thereto, shall be wholly void, unless there be two other competent subscribing witnesses to the same; but a mere charge on the lands of the devisor for the payment of debts, shall not prevent his creditors from being competent witnesses to his will.

. 9. But if such witness to whom any beneficial devise may have been made or given, would have been entitled to any share of the estate of the testator, in case the will was not established; then so much of the share that would have descended or been distributed to such witness, as will not exceed the devise or bequest made to him in the will, shall be saved to him, and he may recover the same of the devisees or legatees named in the will, in proportion to and out of the parts devised or bequeathed to them.

. 10. No will nor any part thereof, shall be revoked, unless by burning, tearing, cancelling, or obliterating the same, with the intention of revoking it, by the testator, or by some other will or codicil in writing, executed as prescribed in this chapter; or by some other writing, signed, attested, and subscribed in the manner provided in this chapter, for the execution of a will; excepting only that nothing contained in this section, shall prevent the revocation implied by law, from subsequent changes in the condition or circumstances of testator.

. 11. Any will in writing being inclosed in a sealed wrapper, and having indorsed thereon the name of the testator, and his place of residence, and the day when, and the person by whom it is delivered, may be deposited by the person making the same, or by any person for him, with the