Page:United States Statutes at Large Volume 47 Part 1.djvu/1191

 72d CONGRESS. SESS. IL CH. 128 . FE BRUARY 27, 1933 . SE C. "09 . INsTEn13ENTS FIEREI'OFORE MAD E TO BE GOVERNED BY ixEN Eseention, etc ., pro- u visions net retroactive . EXISTING s Aws.=The legality of the execution, acknowledgment, proof, form, or record of any instrument made before this code goes into effect, executed, acknowledged, proved, or recorded is not affected by anything contained in this chapter, but depends for its validity and legality upon the laws in force when the act was performed . SEC . 310. DEEDS, AND SO FORTH, AFFF.CT.ING LAND IN DISTRICT OF Deeds, etc., affecting lands in District of COLUMBIA OR ANY TERRITORY o UNITED STATES .Deeds and other Columbia or Terri- instruments affecting land situate in the District of Columbia or any tortes . Territory of the Unit ed States may be acknowl edged in the Canal Zone before any notary public or judge, appointed therein by proper authority, or by any officer therein who has ex officio the powers of a notary public : Provided, That the certificate by such notary in the Proviso. Canal Zone shall be accompanied by the certificate of the governor Certificate of gover- or acting governor to the effect that the notary taking said acknowl- edgment was in fact the officer he purported to be ; and any deeds or other instruments affecting lands so situate, so acknowledged since January 1, 1905, and accompanied by such certificate shall have the same effect as such deeds of other instruments hereafter so acknowl- Vol. 34, p. 552. edged and certified. (Act gong. June 28, 1906, c . 3585, 34 Stat . 552 .) CHA PT ER 23 :EXECU iiON AND REVOCATION OF WILLS REVOCATION of WILLS. ,SEC. 31L WHO MAY MAKE A wIn.-Every person over the age of Capacity to make. eighteen years, of sound mind, may, by last will, dispose of all his estate, and such estate not disposed of by will is succeeded to as pro- vided in chapter 26 of this code, being chargeable in both cases with the payment of all the decedent's debts, as provided in the Code of Civil Procedure. Caoss REFERENCES Disposition of property in case of intestacy, see section 401 et seq. Post, p .1175. Effect of marriage of man on his will, see section 335. Post, p. 1170. Validity of will, see section 315. Wills of married women, see section 313. Wills of u nma rri ed women revoked by marriage, see section 336. Post , p .1170. 1167 SEC. 312. WH.L, OR P ART THER EOF, PR OCURED BY FRAUD. -A will, or fraud1 part of a will, procu red t o be made by duress, menace, fraud, or undue influence, may be denied probate ; and a revocation, procured by the same means, may be declared void. Caoss REFERENCES Revocat ion of wi ll, see section 329. Post, p. 1109. Undue influence as affecting contracts, see section 505. Post, p. 1193. SEC. 313. WILL OF MARRIED WOMAN.--A marri ed woman may dis- pose of all her separate estate by will, without the consent of her husband, and may alter or revoke the will in like manner as if she were single. Her will must be executed and proved in like manner as other wills. SEC. 314. WT MAY PASS BY WILL .-Every interest in property, to which heirs, husband, widow, or next of kin might succeed, may be dispo sed o f by will, ex cept as otherwis e provid ed in se ctions 41 7 and 418 . SEC. 315. WRITFYIN WI LL, xow To BE EXECumD.-Every will, other than a nuncupativc will, must be in writing ; and every will, other than an olographic will, and a nuncupative will, must be executed and attested as follows procured by Will of married wo- man. What may pass ' wi ll. Esecutton of will