perty.]
Property to be subsequently acquired may be devised when the intention
is clear and explicit. [Sec.3523.] If the intention to convey property
acquired after the execution of the will is apparent or may be inferred
from a fair construction of the language used, it will be sufficient,
although the intention may not be directly expressed.
[Sidenote: Verbal wills.]
Personal property to the value of three hundred dollars may be
bequeathed by a verbal will, if witnessed by two competent witnesses.
[Sec.3524.]
[Sidenote: Soldier or mariner.]
A soldier in actual service, or a mariner at sea, may dispose of all his
personal estate by a will so made and witnessed. [Sec.3525.]
[Sidenote: In writing. Witnessed. Signed.]
All other wills, to be valid, must be in writing, witnessed by two
competent witnesses and signed by the testator, or by some other person
in his presence and by his express direction. [Sec.3526.] It is necessary
that the witnesses shall subscribe the will, but not that they shall
have any knowledge of its contents, nor that they shall see the testator
sign it. It is sufficient if the signature is adopted or acknowledged in
their presence. If a will is made with the intention of disposing of
real property it must be executed according to the requirements of the
laws of the state where the real property is situated.
[Sidenote: Interest of witness.]
No subscribing witness to any will can derive any benefit therefrom,
unless there be two disinterested and competent witnesses to the same.
[Sec.3527.] But if, without a will, he would be entitled to any portion of
the testator's estate, he may still receive such portion to the extent
in value of the amount devised. [Sec.3528.]
[Sidenote: Revocation.]
Wills can be revoked in whole or in part, only by being canceled or
destroyed by the act or direction of the testator with the intention of
so revoking them, or by the execution of subsequent wills. [Sec.3529.] The
birth of a child after the execution of a will but before the death of
the testator, operates as a revocation of the will, and the birth and
recognition of an illegitimate child has the same effect. Declarations
of the testator to the effect that he intended to revoke the will, will
not be sufficient to prove a cancellation.
[Sidenote: Cancellation.]
When done by cancellation, the revocation must be witnessed in the same
manner as the making of a new will. [Sec.3530.]
[Sideno
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