2736. A will may always be revoked and annulled, but only by burning or entirely destroying the writing, or by adding a codicil, or making a subsequent will duly attested; but as the alteration of a will is only a revocation to the extent of the alteration, if it is intended to revoke the original will entirely, such intention should be declared,—no merely verbal directions can revoke a written will; and the act of running the pen through the signatures, or down the page, is not sufficient to cancel it, without a written declaration to that effect signed and witnessed.
2737. A will made before marriage is revoked thereby.
2738. A codicil is a supplement or addition to a will, either explaining or altering former dispositions; it may be written on the same or separate paper, and is to be witnessed and attested in the same manner as the original document.
2739. WITNESSES.—Any persons are qualified to witness a will who can write their names; but such witness cannot be benefitted by the will. If a legacy is granted to the persons witnessing, it is void. The same rule applies to the husband or wife of a witness; a bequest made to either of these is void.
2740. FORM OF WILLS.—Form is unimportant, provided the testator's intention is clear. It should commence with his designation; that is, his name and surname, place of abode, profession, or occupation. The legatees should also be clearly described. In leaving a legacy to a married woman, if no trustees are appointed over it, and no specific directions given, "that it is for her sole and separate use, free from the control, debts, and incumbrances of her husband," the husband will be entitled to the legacy. In the same manner a legacy to an unmarried woman will vest in her husband after marriage, unless a settlement of it is made on her before marriage.
2741. In sudden emergencies a form may be useful, and the following has been considered a good one for a death-bed will, where the assistance of a solicitor could not be obtained; indeed, few solicitors can prepare a will on the spur of the moment: they require time and legal forms, which are by no means necessary, before they can act.
I, A.B., of No. 10, ——, Street, in the city of —— [gentleman, builder, or grocer, as the case may be,] being of sound mind, thus publish and declare my last will and testament. Revoking and annulling all former dispositions of my property, I give and bequeath as follows:—to my son J.B., of ——, I give and bequeath the sum of —-; to my daughter M., the wife of J., of ——, I give and bequeath the sum of —— [if intended for her own use, add "to her sole and separate use, free from the control, debts, and incumbrances of her husband">[, both in addition to any sum or sums of money or other property they have before had from me. All the remaining property I die possessed of I leave to my dear wife M. B., for her sole and separate use during her natural life, together with my house and furniture, situate at No. 10, —— Street, aforesaid. At her death, I desire that the said house shall be sold, with all the goods and chattels therein [or, I give and bequeath the said house, with all the goods and chattels therein, to ——], and the money realized from the sale, together with that in which my said wife had a life-interest, I give and bequeath in equal moieties to my son and daughter before named. I appoint my dear friend T.S., of ——, and T.B., of ——, together with my wife M.B., as executors to this my last will and testament.
Signed by A.B., this 10th day of October, 1861, in our presence, both being present together, and both having signed as witnesses, in the presence of the testator:—A.B.
T.S., Witness. F.M., Witness.
It is to be observed that the signature of the testator after this attestation has been signed by the witnesses, is not a compliance with the act; he must sign first.