Page:United States Statutes at Large Volume 31.djvu/563

 l-`IF'I`Y-SIXTH CONGRESS. SEss. I. C11. 786. 1900. 511 personal, saving in the case of a married man to the widow her dower, and (pavinghin the case of  )l1%l'1‘lQ(l. wo1nan any rights which her husban n1ay ave as tenant y the curtes ·. _ Sec. 138. Every will shall be in wriizing, signed by the testator, or “"“·”°"'°‘°°"‘°"· by some other person under his direction, in his presence, and shall be attegted by two or more conqprifent witnesses, subscribing their names to the wi in the presence o the testator. _ SEo. 139. If, after makingla will disposing of the whole estate of b,lY,3‘§,'}i§`QL1a§‘§'§§$L1 the testator, such testator s all marry and die, leaving issue b * such 01 1S$“°· marriage living at the time of his death, or shall leave issue of such marriage born to him after his death, such will shall be deemed revoked unless provipion shaill have lileqp ibnade fogsgcp issue llpy soppe segtlement, or un ess suc issue s a e rovi e or in the wi, an no evidence shall be received to rebut the presumption of such revocation. _ hA wil; made) by an unmarried person shall be deemed ,§,{,“,§,§§§$$,ff “’°’“““ revo e y is or er su se nent marria e. Sec. 141.1 A bond, covenaiint, or agreenfitent made for a valuable con- ,.§°§3,,,,§ff;:,§§v§2§f sideration by a testator, to convey any property devised or bequeathed ` in any last will previously made, shall not be deemed a revocation of such previous devise or bequest; but such property shall ass by the devise or bequest, subject to the same remedies -on such bond; covenant, or agreement, for the specific performance or otherwise, against devisees or legatees, as mig t be had by law a ainst the heirs of the testator, or is next of km, if the same had ciscended to them. _ Sec. 142. A charge or incumbrance upon any real or personal estate ,,,‘§§§Qg§p0‘§fpQ§,f§,Q2 for the purpose of securing the payment of mone » or the performance d¤*‘1¤¢<1- of any covenant or agreement shall not be deemedv a revocation of any will relating to the same estate reviously executed. The devises and lqlgacies therein bcontained shall) pass and take effect subject to such c ar e or incum rance. $15,:. 143. If any erson make his last will and die, leaving a child or ,ug1;11d{;$t*{0n€*<g, 6}; children, or descendants of such’ child or children, in case of their ms. P death, not named or provided for in such will, although born after the making of such will, or the death of the testator, every such testator, so far as shall re ard such child or children, or their descendants not provided for, sh5l be deemed to die intestate; and such child or children, or their descendants, shall be entitled to such pro ortion of the estate of the testator, real and personal as if he had died intestate, and thei qame shal%1b§_as¥gn§dlto them; and alll the other heirs, devisees, an e atees s a re un their ro ortiona art. SEcig144. If such child or childrgn, or theii descendants, shall have m§[fQ°°1 of ¤d*"¤¤°*~* an equal proportion of the testator’s estate bestowed on them in the ` testator? lifetime by wayfofhadvancegnent, they shall take nothing by · virtue o the rovisions o the rece in section. Sec. 145. Xllhen any estate £all be glevised to any child or rand- c€§;,‘g*},j§;;‘§B,$,1,f,§é child, or other relative of the testator, and such devisee shall die before eswre. the testator, leaving lineal descendants, such descendants shall take the gstgte, real gn?] personal, as such devisee wo11ld have done in case he a survive the testator. ‘ Sec. 146. If after making any will the testator shall duly make and W§§*“,$‘§Q‘,}g§ °fe%'§.§ execute a second will, thedestruction, canceling, or revocation of such first} second will shall not revive the first will, unless it appear by the terms of such revocation that it was his intention to revive and give effect to the first will, or unless he shall duly republish his first will. . Sec. 147. Any inariner at sea, or soldier in the military service, may m§{9§§;¤¤;s;>;f§g;d§r dispose of his wages or other personal property as he might have done ‘ P g ' by common law, or by reducing the same to writing. Sec. 148. No roof shall be received of any nuncupative will unless N¤¤°¤P¤11*‘•¤ **111- it be offered within six months after speaking the testamentary words, nor unless the words, or the substance thereof, were reduced to writ- ‘ ing within thirty days after they were spoken.