Page:United States Statutes at Large Volume 79.djvu/726

 686

PUBLIC LAW 89-183-SEPT. 14, 1965

[79 STAT.

§ 18-102. Capacity to make a will A will, testament, or codicil is not valid for any purpose unless the person making it is: (1) if a male, at least 21 years of age; or (2) if a female, at least 18 years of age— and, at the time of executing or acknowledging it as provided by this chapter, of sound and disposing mind and capable of executing a valid deed or contract. § 18-103. Execution of written will; attestation A will or testament, other than a will executed in the manner provided by section 18-107, is void unless it is: (1) in writing and signed by the testator, or by another person in his presence and by his express direction; and (2) attested and subscribed in the presence of the testator, by at least two credible witnesses. § 18-104. Devises, legacies, etc., to attesting witnesses (a) A beneficial devise, legacy, estate, interest, gift, or power of appointment of or affecting real or personal estate, given or made to an attesting witness to a will or codicil is void as to him and persons claiming under him, except as provided by subsections (b) and (c) of this section. (b) Where an interested witness to a will or codicil, referred to in subsection (a) of this section, would be entitled to a share of the estate of the testator in case the will or codicil were not established, he or persons claiming under him shall take such portion of the devise or bequest made to him in the will or codicil as does not exceed the share of the estate which would be distributed to him or persons claiming under him in case of intestacy. (c) The voidance provided for by subsection (a) of this section does not apply to charges on real estate for the payment of debts. (d) Notwithstanding subsection (a) of this section, an interested witness referred to therein, whether an heir at law or not, is not disqualified as a competent witness to the execution of the will or codicil by reason of his interest. § 18-105. Retention or demand of void devise or legacy by attesting witness prohibited A person to whom a beneficial devise, legacy, estate, interest, gift, or power of appointment is given or made in a will or codicil, which is void under section 18-103, may not, in any manner or under any color or pretense whatsoever: (1) demand or take possession of or receive any profits or benefit of or from the devise, legacy estate, interest, gift, or power of appointment so given or made; or (2) demand, receive, or accept from another person the beneficial devise, legacy estate, interest, gift, or power of appointment or any satisfaction or compensation therefor. § 18-106. Creditors a s competent witnesses A mere charge in a will or codicil on the estate of a testator for the payment of debts does not disqualify a creditor from being a competent witness to the will or codicil. § 18-107. Nuncupative wills A nuncupative will made after January 1, 1902, is not valid in the District of Columbia except that a person in actual military or naval service or a mariner at sea may dispose of his personal property by word of mouth, if: (1) his oral disposition of the property is proved by at least two witnesses who were present at the making thereof and were

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