Page:United States Statutes at Large Volume 47 Part 1.djvu/1193

 7' 2d C ONGRESS. SES S. II. CH. 128 . FEBRUARY 27, 1933 . 1139 Csoss Rs sx zcCE Probate of gareiga Walls, see the C ode of Civil Procedure. SEC. 323 . Wiu MADE HERE BY ALIEN .-A will made within the will made by alien. Canal Zone by a citize n or sub ject of another s tate or country, which is executed in accordance with the law of the state or country of which he is a citizen or subject, and which m ight be proved and all owed by the law of his own state or country, may be pro ved, allowed, and recorded in the Canal Zone, and shall have the same effect as if executed according to the laws of the Zone. ((E. O. Ez ecutiteOr der No. Mar. 22, 1907, † 671 ;) Act Cong. Aug. 24, 1912, c. 390, †† 2, 9, 37 sa`soi 37, p. 501 ; Vol. Stet. 561; E. O. Mar. 12, 1912, † 10; Act. Cong. Sept. 21, 1922, c. 370, 42, p .1000. † 3, 42 Stat. 1006.) SEC. 32 4. REPUBLICATION BY cOmclb.-The execution of a codicil, Republication by referring to a previous will, has the effect to republish the will, as codicil. modified by the codicil. SEC. 32. . Nul3 &urATIVE WILL, HOW TO BE EXECUTED.--A nuncupative hnncupative will, will is not req uired to be iI} writing, nor to be declared or attested bow executed. with any formalities. Cuoss REFERENCE Probating nmicupaliv+e wills, see sections 326 and 327 . SEC_ 326- REQUISITES of VALID NuXCUPATIVE WILL .-To make a nun- cupative will valid, and to entitle it to be admitted to probate, the following requisites must be observed (1) The estate bequeathed must not exceed in value the sum of $1,000. (2) It must be proved by two witnesses who were present at the making thereof, one of whom was asked by the testator, at the time, to bear witness that such was his will, or to that effect. (3) The decedent must, at the time, have been in actual military service in the field, or doing duty on shipboard at sea, and in either case in actual contemplation, fear, or peril of death, or the decedent must have been, at the time, in expectation of immediate death from an injury received the same day. SEC. 327. PROOF or NU NC UP ATI VE WILLS .-No proof m ust be r eceived of any nuncupat ive will, unless it is of fered wi thin six months after speaking the testamentary words, nor unless the words, or the sub- stance thereof, we re reduced to writing within thirty days after they were spoken. SEC. 328. PROBATE OF NUNCUPATIVE WILLS .-No probate of any nun- cupative will must be granted for fourteen days after the death of the testator, nor must any nuncupative will be at any time proved, unless the testamentary words, or the substance thereof, be first committed to writing, and process issued to call in the widow, or other persons interested, to contestt the probate of such will, if they think proper. SEC. 329 . Warm! N WILL, st ow REVOKED .--Except in the cases in this chapter mentioned, no written will, nor any part thereof, can be revoked or altered otherwise than 1 . By a written will, or other writing of the testator, declaring such re vocation or alter ation, a nd execu ted with the sam e formal ities with which a will should be executed by such testator ; or, 2 . Bt' icing burn'd, torn, canceled. obliterated, or destrovetl, with the intent and for the purpose of revoking the 501110, by the testator himself, or by some person in his presence and by his direction. SEC. 330. EVIDENCE OF nEv(s A'ryoN .-When a willl is canceled or destroy ed by an y other p erson th an the t estator, the dir ection o f the 3151" -33--71 Ante, p.1020. Requisites of . Proof. Probate of. Itec ovation Evidence J I