Page:United States Statutes at Large Volume 76A.djvu/657

–561– -561§ 43. Creditors as competent witnesses 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. § 44. Holographic will A holographic will is one that is entirely written, dated, and signed by the testator himself. I t is subject to no other form, and may be made in or out of the Canal Zone, and need not be witnessed. An address, date or other matter written, printed or stamped upon the document, which is not incorporated in the provisions that are in the handwriting of the decedent, may not be considered as a part of the will. § 45. Nuncupative will; persons who may make; witnesses; property disposable (a) A nuncupative will is not required to be in writing, nor to be declared or attested with any formalities. I t may be made orally by a person who, at the time of making, is in: (1) 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 (2) expectation of immediate death from an injury received the same day. (b) A nuncupative will shall be proved by two witnesses who were present at the making thereof, at least one of whom was asked by the testator, at the time, to bear witness that it was his will, or to that effect. (c) A nuncupative will may dispose of personal property only, and the estate bequeathed may not exceed $1,000 in value. § 46. Will made outside the Canal Zone A will made outside the Canal Zone which might be proved and allowed by the laws of the State or country in which it was made, may be proved, allowed, and recorded in the Canal Zone, and has the same effect as if executed according to the laws of the Canal Zone. § 47. Will made in Canal Zone by citizen of another State or country A will made within the Canal Zone by a citizen or subject of another State or country, which: (1) is executed in accordance with the law of the State or country of which he is a citizen or subject; and (2) might be proved and allowed by the law of that State or country— may be proved, allowed, and recorded in the Canal Zone, and has the same effect as if executed according to the laws of the Canal Zone. § 48. Construction of chapter This chapter does not impair the validity of the execution of a will made before January 2, 1963.

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