Page:United States Statutes at Large Volume 76A.djvu/656

–560– -560§ 5. Republication by codicil The execution of a codicil referring to a previous will republishes the will as modified by the codicil. § 6. Bequest for charitable uses (a) A bequest or legacy to a charitable or benevolent society or corporation, or to a person, in trust for charitable uses, is not valid unless the will is duly executed at least 30 days before the death of the testator. If the testator has legal heirs, the charitable bequests may not exceed one third of his estate; if their aggregate amount is more, they shall be reduced pro rata to one third of the estate. Testamentary dispositions contrary to this section are void and the property shall go to the residuary legatee, next of kin, or heirs, according to law. (b) This section does not apply to bequests or devises made by will executed at least six months prior to the death of a testator, if: (1) he leaves no parent, spouse, child, or grandchild; or (2) his parents, spouse, children, and grandchildren waived the restriction in this section by a writing executed at least six months before his death. CHAPTER 3—EXECUTION OF WILLS Sec.

41. 42. 43. 44. 45. 46. 47. 48.

Execution of written will; attestation. Devises and bequests to subscribing witnesses. Creditors as competent witnesses. Holographic will. Nuncupative will; persons who may make; witnesses; property disposable. Will made outside the Canal Zone. Will made in Canal Zone by citizen of another State or country. Construction of chapter.

§ 41. Execution of written will; attestation A will, other than a nuncupative will, shall be in writing, and a will other than a holographic will, and a nuncupative will, shall be executed and attested as follows: (1) it shall be subscribed at the end thereof to the testator himself, or by another person in his presence and by his direction; and a person who subscribes the testator's name, by his direction, shall write his own name as a witness to the will, but a failure to do so does not affect the validity of the will; (2) the subscription shall be made, or the testator shall acknowledge it to have been made by him or by his authority, in the presence of both of the attesting witnesses, present at the same time; (3) at the time of subscribing or acknowledging the instrument, the testator shall declare to the attesting witnesses that it is his will; (4) there shall be at least two attesting witnesses, each of whom shall sign the instrument as a witness, at the end of the will, at the testator's request and in his presence; and the witnesses shall give their places of residence, but a failure to do so will not affect the validity of the will. § 42. Devises and bequests to subscribing witnesses Beneficial devises, bequests and legacies to a subscribing witness are void, unless there are two other competent and disinterested subscribing witnesses to the will, except that if the interested witness would be entitled to a share of the estate of the testator in case the will were not established, he shall take such proportion of the devise or bequest made to him in the will as does not exceed the share of the estate which would be distributed to him if the will were not established.

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