CHAPTER VII.
WILLS AND LETTERS OF ADMINISTRATION.
Who may make wills.
Any person of full age and sound mind may dispose, by will, of all his property except what is sufficient to pay his debts, or what is allowed as a homestead, or otherwise given by law as privileged property to his wife and family. [§3522.] The validity of a will depends upon the mental capacity of a testator and the fact that he was uninfluenced in making the disposition of his property. If it appears that the testator was incapable of exercising discretion and sound judgment and of fully realizing the effect and consequences of the will, though he may not be absolutely insane, he will not be in such mental condition that he can make a legal will. If he is of weak mind and it appears that he was imposed upon or unduly influenced, such facts will invalidate the will. Of what property A testator having testamentary capacity may dispose of his property in any manner, and to any person he may choose, and may deprive his heirs of any share in his estate, without any explanation or any express declaration of disinheritance. The fact that a will is unjust and unreasonable, in the absence of proof of undue influence, or insufficient capacity, will not render the will void.
Subsequent property.
Property to be subsequently acquired may be devised when the intention is clear and explicit. [§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.
Verbal wills.
Personal property to the value of three hundred dollars may be bequeathed by a verbal will, if witnessed by two competent witnesses. [§3524.]
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. [§3525.]