Page:United States Statutes at Large Volume 47 Part 1.djvu/1192

 1168 '12d C ONGRESS. SESS. II. CH. 128. FEBRUARY 27, 1933. 1. It must be subscribed at the end thereof by the testator himself, or some person in his presence and by his direction must subscribe his name thereto ; 2 . The subscription must. b e made in the presence of the attesting witnesses, or be acknowledged by the testator to them to have been made by him or by his authority ; 3 . The testator must, at the time of subscribing or acknowledging the same, declare to the attesting witnesses that the instrument is his will ; and, 4 . There must be two attesting witnesses, each of whom must sign the same as a witness, at the end of the will, at the testator's request and in his presence. Cao ss RE FERE NCES Conjoint or mutual will, see section 318. Post, p.1169. Nuncupative will, see sections 325 et seq. Olographic will, see section 31 6. Witness to add residence, see section 317. "Olographic will," SEC. 318. DEFINITION OF AN OLOGRAPHIC WILL .-An ol0graphic will defined. i s one that is entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of the Canal Zone, and need not be witnessed. Witness to add re st. SEC. 317. WrrwESS To ADD RESIDENCE .-A witness to a written will aence. must write, with his name, his place of residence ; and a person who subscribes the testator's name, by his direction, must write his own name as a witness to the will. But a violation of this section does not affect the validity of the will. Mutual will. SE C. 31 8. MUTUAL wILL .- A conjoint or mutual will is valid, but it may be revoked by any of the testators in like manner with any other will. ne ss .competency of wit- SEC. 319. C OMPET ENCY OF SU BSCRI BING wr rNEss. If the sub scri bin g witnesses to a will are compet ent at the time of attesting its execu- tion, their subsequent incompetency, from whatever 'cause it may arise, does not prevent the probate and allowance of the will, if it is otherwise sati sfactorily prove d. Gif ts to subs cribi ng ,SEC. 320 . GIFrs TO SUBSCRIBING WITNESSES VOID ; CREDITORS COM- witness void; creditors comp etent witn esses. PETExT wITNESSES .-All bene fici al lega cies an d gi fts wha teve r, made or given in any will to a subscribing witness thereto, are void, unless there are two other competent subscribing witnesses to the same ; but a mere charge on the estate of the testator for the payment of debts does not prevent his creditors from being competent witnesses to his will. Bubacribing witness SEC. 321. SUBSCRIBING WITNESS ENTIT LED TO HIS SHARE BY SUCCES- entitled to his share by succession. SIGN .-If a witness, to whom any beneficial legacy or gift, void by sect ion 320, is made, would have been entitled to any share of the estate of the testator, in case the will should not be established, he succeeds to so much of the share as would be distributed to him, not exceeding the bequest made to him in the will, and he may recover the same of the other legatees named in the will, in proportion to and out of the parts bequeathed to them. Foreign wills. S EC. 322. WI LL MA DE OUT OF THE CANAL ZONE .-A will made out Of the Canal Zone which might be proved and allowed by the laws of the state o r country in whi ch it was made, may be proved, a llowed, and recorded in the Canal Zone, and shall have the same effect as if Ex ecuti ve Or ders executed according to the laws of the Zone. (( E. O. Mar. 22, 1907, N "' - "9F 5e1 ; Vol. † 670 7°) Act C ongAu g 24,1912,c.390,††2,9,37Stat.561; E.O. .of 2, u. 1006 Mar. 12, 1914, †10 ; Act Cong . ept . 2, 192,c . 370, † 3, 42 Stat . 1000.)