ter is liable for the injury
done by the person so employed. But a servant is accountable to his
master for a breach of trust, or for negligence in business, or for
injuring another person in his master's business.
Chapter L.
Right of Property. How Title to property is acquired; Wills and
Testaments Title to Property by Descent.
Sec.1. Every citizen of the United States is capable of holding lands, or
real estate, and of taking them by devise, descent, or purchase, and of
selling and conveying away such estate. Aliens, by common law, have not
this power. In many of the states, however, this disability has been
removed by statute. On declaring their intention to become citizens, and
complying with certain regulations, aliens acquire the right to take and
hold real estate to themselves and their heirs. But they may hold and
dispose of personal property without any special enactment.
Sec.2. To _devise_ property is to give or bequeath it by will. A _will_ is
a written instrument in which a person declares his will concerning the
disposal of his property after his death. It is also called _testament_.
This word is from the Latin _testis_, meaning witness. Hence the word
has come to be applied to this instrument, which is the witness or proof
of a person's will. A person making a will is called _testator_; one who
dies without making a will or testament, is called _intestate_.
Sec.3. All persons of full age and sound mind, except married women, may
give and bequeath real and personal estate by a last will and testament.
In many of the states, personal estate may be willed at an earlier age.
In a few states, females at eighteen may make a will of real and
personal estate. In a few states, personal estate may be willed
verbally, if the will is within a specified time reduced to writing, and
subscribed by disinterested witnesses. In Ohio such will must be written
within ten days after the speaking of the testamentary words. A will of
this kind is called a _nuncupative_ will.
Sec.4. In most of the states, laws have been enacted, allowing married
women to hold, in their own exclusive right, all the property, real and
personal, which they owned at the time of marriage, and which they may
acquire after marriage. (Chap. XLVIII, Sec.8.) With the right of possession
is also given, it is presumed, the power of disposing of the property by
will.
Sec.5. A will devising real estate must be subscribed by at least two
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