official character of the person administering the oath), within and for the county and State aforesaid, of years, a resident who, being duly sworn aged is the identical payable at the agency at according to law, declares that was granted pension certifiate No. and dated ; that under the limitations of the Act of to whom was denied a pension from the date of the (remarriage), death, or discharge declaration in order to secure the arrears accrued thereunder. post-office address is as follows: Also Personally Appeared (Signature of claimant.) and residents of (county, city, or town) persons whom I certify to be respectable, and entitled to credit, and who, being by me duly sworn, say that they were present and saw sign mark) to the foregoing declaration; and they further swear that they have every reason to believe, from the appearance of is the identical person name (or make the applicant and their acquaintance with represents that self to be; and they further state that they have no interest in the prosecution of this claim. Sworn to and subscribed before me this (Signatures of witnesses.) day of A.D. 186; and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim. (Signature of judge or other officer.) Invalid applicants under Section Six should depose as to length of time they were employed in the civil service of the government between March 3, 1865, and June 6, 1866. character of the person administering the oath) within and for the County and State dollars per month, issued under the Act of makes this declaration in order to secure the increase of is entitled under the Thirteenth Section of the Act of July 27, 1868. My post-office address is as follows: Also Personally Appeared name (or make (Declarant's signature.) (county, city, or town) persons whom I certify to be respectable, and entitled to credit, and who, being by me duly sworn, say that they were present and saw sign mark) to the foregoing declaration; and they further swear that they have every reason to believe, from the appearance of the applicant and their acquaintance with is the identical person self to be, and that they have no interest in the prosecution represents of this claim. that Sworn to and subscribed before me this (Signatures of witnesses.) day of A.D. 186; and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim. (Signature of judge or other officer.) Widows should depose that they have not remarried. (221.) Form of Surgeon's Affidavit. Navy Claims. If the claimant for a pension has not been examined, and the degree of his disability certified, before his discharge, by a navy surgeon, and if the certificate of a navy surgeon or a board of survey is not obtainable, on satisfactory explanation of this fact, he may produce the affidavit of two surgeons reputable in their profession, and certified as such by the magistrate before whom their statement is sworn to, in accordance with the following form: who was a (Date.) It is hereby certified that naval service of the United States (here state the vessel or station on which applicant was engaged, and his particular service) is suffering from (here give a particular description of the wound, injury, or disease, and specify in what manner it has affected the applicant so as to produce disability in the degree stated) and he is thereby not only incapacitated for naval duty, but, in the opinion of the undersigned, is ("three-fourths,” “one-half,” “one-third,” &c., or “totally," as the case may be) disabled from obtaining his subsistence from manual labor. And we further certify that upon satisfactory evidence, and after accurate examination, we believe the said disability was incurred in the naval service of the United States, and in the line of duty. Sworn to and subscribed before me this A.D. 186; and I hereby certify that the said , Surgeon.) , Surgeon.) day of and are known to me as surgeons in actual practice, reputable in their profession, and that I have no interest, direct or indirect, in the prosecution of this claim. (Magistrate's signature.) GUARDIAN'S CLAIMS UNDER SECTION 4, ACT OF JULY 27, 1868. Guardians, in applying on account of minor children of a soldier whose widow is entitled to pension, may present their claim under the Fourth Section of the Act of July 27, 1868, in accordance with Form 210, with such obvious changes as the nature of the case may demand. SPECIAL ACT CASES. In cases authorized by special acts of Congress, formal declarations from the claimants thereunder are required, as in cases under the general law. CHAPTER XXXVIII. OF THE DISPOSAL OF PROPERTY BY WILL. SECTION I. OF WILLS. FEW persons are aware how very difficult it is to make an unobjectionable will. There is nothing one can do, in reference to which it is more certain that he needs legal advice, and that of a trustworthy kind. Eminent lawyers, not practised in this peculiar branch of the law, have often failed in making their own wills, both in England and in this country. And there are seldom blank forms for wills printed and sold, as there are for deeds and leases. Nevertheless, it may happen that one is called upon to make his own will, or a will for his neighbor, under circumstances which do not admit of delay; or he may have some interest in the will of a deceased person, and questions may have arisen, which some knowledge of legal principles will answer. We shall try to state here what may be of use in such cases; and shall append a form for a will. Any person of sound mind and proper age may make a will. A married woman cannot, unless in relation to trust property, whereof the trust or marriage settlement reserves to her this power; or the statute law of her State gives it, as is the case now in many States. But in One must be of full age in order to devise real estate. most of our States minors may bequeath personal property; and a frequent limitation of the age for such bequest is eighteen years for males, and sixteen years for females. The testator should say distinctly, in the beginning of the instrument, that it is his last will. If he has made other wills, it is usual and well to say, "hereby revoking all former wills;" but the law gives effect to a last will always. It should close with the words of attestation: "In witness whereof, I have hereunto signed and sealed this instrument, and published and declared the same as and for my last will, at on this day of ." Then should follow the signature and seal; for this latter, although not always required by law, is usually and properly affixed. The witnessing part is very material. The requirements in the different States are not precisely alike; but they are all intended to secure such attestation as will leave the fact of the execution of the will, and its publication as such, beyond doubt. In a very few States, it is enough if the signature be proved by credible witnesses, although there be no witnesses who subscribed their names to the will. In many, two subscribing witnesses are enough. But in some it is necessary, and in all I recommend, that the testator should ask three disinterested persons to witness his will; and should then, in their presence, sign and seal it, and declare it to be his will; and they should then, each in the presence of the testator and of the other witnesses, sign his name as witness. Each should see the execution which he says he witnesses; and the signing by the witnesses should all be seen by the testator; but the law is satisfied if the thing is done near the testator, and where he can see if he chooses to look. If the testator is too feeble to write his name, let him make his mark; and for this purpose any mark is enough, although a cross is commonly made. So, if a witness cannot write his name, he may make his mark; but this should be avoided if possible. day of the above Over the witnesses' names should be written their attestation; and any alteration in the will should be noticed. If the attestation be in the following words, it will be safe in any part of this country: "At on this named signed and sealed this instrument, and published and declared the same as and for his last will; and we, in his presence, and at his request, and in the presence of each other, have hereunto subscribed our names as witnesses." Witnesses should be selected with care, where that is possible; for if any question arises about the testator's sanity, or any thing of the kind, their evidence is first to be taken, and is very important. |