not be witnessed. Typewritten wills are valid. Nuncupative wills are allowed if the estate is less than one thousand dollars, but are otherwise restricted.

NEBRASKA-Any person of full age and sound mind may make a will. Wills must be in writing, signed by the testator, or some one in his presence, and by his direction, and attested and subscribed in the presence of the testator by two or more competent witnesses. Nuncupative wills are allowed, but only under statutory restrictions.

NEVADA -The testator must be eighteen years of age and of sound mind. The will must be in writing, signed and sealed by the testator, or by some one in his presence, by his direction, and attested in his presence and in the presence of each other, by two competent witnesses. Holographic will need not be witnessed. Nuncupative wills of estates of less than one thousand dollars are allowed in a restricted form. Devises to witnesses are void unless the will can be otherwise proved than by their testimony.

NEW HAMPSHIRE.-Any person of twenty-one years of age and sound mind may make a will, to be in writing, signed and sealed by the testator, or some one in his presence, and by his direction, and attested and subscribed by three or more credible witnesses. Nuncupative wills are allowed in a restricted form.

NEW JERSEY. — Testator must be twenty-one years of age and of sound mind. All wills, after the year 1850, must be in writing, signed by the testator, or the signature acknowledged by him, and he must declare the writing to be his last will in the presence of two witnesses, who are present at the same time, and who must subscribe the same in presence of the testator. A legacy or a devise to a witness is void, and such a witness is thereby rendered competent to prove the will.

NEW MEXICO. Any person twenty-one years of age and of sound mind may make a will. Wills may be written or verbal. If written, they must be signed by the testator, or some person for him, and attested by two or more credible witnesses who must sign as witnesses at his request, in his presence, and in the presence of each other. Verbal wills must be attested by the same number of witnesses, who must testify that testator was of sound mind and judgment, and must all be present, see and hear testator speak, and each must understand clearly and distinctly every part of the will.

NEW YORK. Males of eighteen and females of sixteen may make wills of personal property, but only persons of twenty-one years can devise real estate. Wills must be subscribed by the testator at the end, in the presence of each of the attesting witnesses, or acknowledged by him in their presence. There must be at least two witnesses who sign their names at the end, at the request of the testator; they should add also their residences, as failure to do so renders them liable to fine. There are certain statutory restrictions as to the amount of bequests to religious or charitable institutions.

NORTH CAROLINA. The testator must be twenty-one years of age, and of sound mind. The will must be in writing, signed by the testator, or some one in his presence, and by his direction, and subscribed in his presence by at least two disinterested witnesses. Holographic wills, signed by the testator, and found among his valuable papers and effects, or lodged in the hands of some person for safe keeping, are allowed, and the handwriting must be proved by three witnesses. Wills may be typewritten. Nuncupative wills are allowed under various restrictions.

NORTH DAKOTA. - Any person eighteen years of age and of sound mind may make a will. Wills, unless holographic, must be signed by the testator, or by some person in his presence, and by his direction, in presence of two or more witnesses to whom he declares it to be his will, and who must subscribe their names as witnesses at his request and in his presence. A holographic will need not be witnessed.

OHIO.

-The testator must be of full age and sound mind, and the will must be in writing or typewritten, signed at the end by the testator, or some

one in his presence and by his direction, and attested by two or more competent witnesses, who saw the testator sign or heard him acknowledge the will. Typewritten wills are valid. Nuncupative wills and gifts to charities are allowed only under statutory restrictions.

OKLAHOMA. Any person over eighteen years of age may make a will. It must be in writing, and, unless holographic, witnessed by at least two competent witnesses, who shall subscribe the same.

OREGON. Every person twenty-one years of age may dispose of prop. erty, real and personal, by will, and every person of eighteen may bequeath goods and chattels. The will must be in writing, signed by the testator, or some one for him, and attested by two or more competent witnesses in his presence. Typewritten wills are customary.

PENNSYLVANIA. Any person of full age and sound mind may make a will. It must be in writing, signed by the testator, or some one in his presence for him, and attested by two or more competent witnesses. Nuncupative wills and charitable gifts are restricted. Typewritten wills are proper.

RHODE ISLAND. Persons eighteen years of age and of sound mind may bequeath personal property, and persons of twenty-one years may devise real estate. The will must be in writing, signed by the testator, or some one for him, and attested and subscribed in his presence by two or more witnesses. SOUTH CAROLINA. Persons of twenty-one years of age may devise real estate, and persons under twenty-one, but of years of discretion, may bequeath personal property. Three or more credible witnesses are necessary, who must sign in presence of the testator and of each other. The will must be in writing, and signed by the testator. Nuncupative wills are allowed only under various restrictions.

SOUTH DAKOTA.- Every person eighteen years of age may make a will. It must be in writing, subscribed by the testator, or by some person in his presence and by his direction, in the presence of two attesting witnesses to whom he declares it to be his will, and who must subscribe the same as witnesses at his request and in his presence. A holographic will need not be witnessed.

TENNESSEE. - Any person of sound mind, and twenty-one years of age, may dispose of real estate by will. Males at fourteen, and females at twelve, may bequeath personal property. Wills of real estate must be subscribed by the testator, or some one for him, and attested and subscribed in his presence, by at least two disinterested witnesses. Holographic wills found among the testator's valuable papers, or deposited for safe keeping, are allowed, if the handwriting is proved by three witnesses. No subscribing witnesses are necessary to wills of personalty, but two witnesses or equivalent testimony are necessary to establish them. Nuncupative wills are subject to statutory

limitations.

TEXAS.- Every person twenty-one years of age, or married, and of sound mind, may make a will. It must be signed by testator, or for him in his presence, and by his direction, and if not holographic, attested by two or more credible witnesses over fourteen years of age. Will may be typewritten. Nuncupative wills must follow the statute as to the amount disposed of, the time when made, and the number of witnesses.

UTAH. Any person of the age of eighteen years and of sound mind may dispose of property, real and personal, by will, except that a husband may not dispose of more than two-thirds of his real property without the consent of his wife. The will must be in writing, subscribed by the testator, in the presence of two or more witnesses, declaring it to be his will, and the witnesses must subscribe as witnesses, at his request, in his presence, and in the presence of each other. Wills may be typewritten. Holographic wills require no witnesses. Nuncupative wills must follow the statutory restrictions. Gifts to witnesses are void unless the will can be otherwise proved.

VERMONT. - Every person of full age and sound mind may make a will. A will must be in writing, signed by the testator, or for him, in his presence, and by his direction, and attested and subscribed by three or more credible witnesses, in his presence, and in presence of each other. Wills may be typewritten. Nuncupative wills allowed under certain restrictions.

VIRGINIA. - Every person twenty-one years of age, and of sound mind, may make a will of real estate, and persons of eighteen years may bequeath personal property. The will must be signed by the testator, or some one for him, by his direction, and in his presence, and, unless holographic, attested in his presence, and in the presence of each other, by two or more competent wit

nesses.

WASHINGTON.-Every male above the age of twenty-one years, and every female above the age of eighteen, may dispose of property, real and personal, by will. The will must be in writing, signed by the testator, or by some person under his direction, and attested by two or more competent witnesses, subscribing their names in the presence of the testator. Nuncupative wills are valid only when the provisions of the restrictive statute are complied with.

WEST VIRGINIA.-The testator disposing of real estate must be twenty-one years of age, and of sound mind. The will must be in writing, signed by the testator, or by some one for him, in his presence, and by his direction, and unless holographic, the signature must be made and the will acknowledged in the presence of two competent witnesses, present at the same time, and who subscribe in the presence of the testator. Testators, eighteen years of age, may dispose of personal property by will. Holographic wills require no witnesses. Wills may be typewritten.

WISCONSIN.-Every person of full age, and any married woman of the age of eighteen years, may make a will. Wills must be in writing signed by the testator, or some one in his presence, and by his direction, and attested and subscribed in his presence by two or more competent witnesses.

WYOMING. - Any person of full age and sound mind may make a will. The will must be in writing, signed by the testator, or by some other person, in his presence and by his direction, and attested by two competent witnesses.

For Statutes of Hawaii, the Philippines and Porto Rico see Appendix.

CHAPTER XXXVIII.

EXECUTORS AND ADMINISTRATORS.

'An executor is a person named in the will of a deceased person, to settle his or her estate. There may be one or more; and they may be male or female. An administrator is one

appointed by the court to settle the estate of a deceased person. If the deceased left a will, but did not appoint an executor, or the appointed executor refuses to act, or resigns, or dies, or for any reason fails to act, an administrator is appointed by the court "with the will annexed." The husband of a deceased wife, or the wife of a deceased husband, has generally the right to be appointed administrator; after them the next of kin in the order of relationship. But the courts have some discretion in the matter.

They act as the personal representatives of the deceased, having in their hands his means, for the purpose of discharging his liabilities, or executing his contracts, and of carrying into effect his will, if he have left one; and, in general, they are liable only so far as these means (called assets), in their hands, are applicable to such a purpose. But they may become personally liable; and a clause in the statute of frauds refers to this subject, making them not liable to pay any debt out of their own means, unless they give a promise to that effect, in writing, signed by them.

In this country, the judicial officer, or judge who has the charge of the settlement of estates, of the proof of wills, and of proceedings under them, is generally called the Judge of Probate. But in some States he is called Surrogate, Register or Registrar of Wills or of Probate, Judge of the Orphan's Court,

etc. His powers and duties are very similar all over the country. From his decrees or decisions an appeal may generally be taken, by a party who thinks himself aggrieved, to some higher court. The Judge of Probate is usually a county officer, and his jurisdiction is limited to his county.

If an executor or administrator receives, as such, a promissory note or bill of the deceased, and indorses the same with his name, without adding "executor," or "administrator," he is liable upon it personally. If he makes a note or bill, signing it. "as executor," he is personally liable, unless he expressly limits his promise to pay, by the words, "out of the assets of my testator," or, "if the assets be sufficient," or in some equivalent way; but a note or bill so qualified would not be negotiable, because on condition. If an executor or administrator submits

a disputed question to arbitration, in general terms, and without an express limitation of his liability, and the arbitrators award that he shall pay a certain sum, he is liable to pay it whether he has assets or not. But if the award be merely that a certain sum is due from the estate of the deceased, without saying that the executor or administrator is to pay it, he is not precluded from denying that he has assets.

Where a contract of the deceased is of an executory nature, and the personal representative can fairly and sufficiently execute all that the deceased could have done, he may do so, and enforce the contract. But where an executory contract is of a strictly personal nature-as, for example, with an author for a specified work, or with an artist for a painting, the death of the writer before his book is completed, or of the artist before the painting is finished, absolutely determines the contract, unless what remains to be done-as, for example, in the case of a book, the preparing of an index, or table of contents, etc., can certainly be done as well and to the same purpose and effect by another.

If executors or administrators pay away money of the deceased by mistake, or enter into contracts for carrying on his business for the benefit of his estate, and to wind up his affairs, ney may sue on such contracts either in their individual or their representative capacities; but they should sue in the latter capacity, in order to avoid a set-off against them of their indi. vidual debts.

The title of an administrator does not exist until the grant of administration. Then it goes back to the death of the deceased; but only in order to protect the estate, and not for any other purpose. And if an agent sells goods of the deceased, after his death, and in ignorance of his decease, the administrator may adopt the contract, and sue upon it.

On the death of one of several executors, either before or after probate, the entire right of representation survives to the others. But if an administrator dies, or a sole executor dies, no interest and no right of representation is transmitted to his personal representatives.

An executor derives his authority from the will, and his duties begin at the death of the testator. They may be stated thus: