they shall be written, yet it is presumed that the same rule applies which governs deeds. It should be paper, parchment or some similar preparation. In a sense, wills are but conveyances of real estate; and as far as practicable, they should be subjected to the same rules.

They must be signed-signed by the testator or by some other person in his presence and by his express direction. It is immaterial which of these requirements is complied with, as the testator's presence is requisite to the execution of the instrument. Either his name or his mark subscribed thereto will answer the statute, but if either be placed to a will by a person other than the testator, the attestation clause should mention the fact.

They must be attested. No will is valid unless attested and subscribed in the presence of the testator by at least three competent witnesses. The attestation must be of the whole of the execution, and not of a portion of it. On the probate, a witness who subscribes a will, will be presumed to have witnessed both the declaration and the signing by the testator; and if on a cross-examination it turn out that he did not, his testimony falls short of the point intended to be reached by the law. Every person of full age and sound mind may dispose of his property by will, is the language of the law; and witnesses are required to testify as well of the condition of the testator's mind, at the time of executing a will, as that he did execute it. Hence the law contemplates the attestation of both; and if the witness believe the testator's mind unsound, he should refuse to subscribe any paper purporting to be his will.

It is the policy of the law, that the property of a decedent shall go to the heirs according to the statute of descents, unless it affirmatively appear that a voluntary, lucid and sane disposition of it has been made by his written will. In guarding this right, the Legislature has presumed that attesting witnesses will apprehend the reasons for their attesta

tion, and observe the requirements with faithfulness and

care.

The number of attesting witnesses has been fixed at three; and these are required to be competent witnesses. By this, is meant, witnesses competent to be sworn and to testify in the Court of Probate, of the facts relating to the execution of a will. They should not be legatees or beneficiaries under the will, because they would be interested in sustaining the will after the testator's death. They should not be infamous persons, who have lost their credibility by conviction of infamous crimes; but should be selected with a view to their testimony on the probate of the instrument. Nevertheless, if the witnesses are competent at the time of attesting the execution of the will, their subsequent incompetency, from whatever cause it may arise, will not prevent the probate and allowance of the will, if it be otherwise satisfactorily proved. [R. S., 271, Sec. 5.]

It is also provided, that "all beneficial devises, legacies, and gifts, whatsoever, made or given, in any will, to a subscribing witness thereto, shall be wholly void, unless there be three other competent subscribing witnesses to the same; yet a mere charge on the lands of the devisor, for the payment of his debts, shall not prevent his creditors from being competent witnesses to his will. But if such witness, to whom any beneficial devise or legacy may have been made or given, would have been entitled to any share of the testator's estate, in case the will was not established, then so much of the share that would have descended or have been distributed to such witness, shall be saved to him, as will not exceed the value of the devise or bequest made to him in the will, and he may recover the same of the devisees or legatees named in the will, in proportion to, and out of the parts devised and bequeathed to them." [Id., 271, Sec. 6.] should all attach

In subscribing a will, the witnesses thereto the places of their residence. This, however, is not

as expressly required in Michigan as in New-York; but the practice, nevertheless, is attended with so many advantages, that the writer is warranted in giving the direction. The attestation clause should recite that the (foregoing) will was executed and published by the testator, and by him declared to be his last will and testament, in the presence of the said witnesses, and that thereupon, on such a day, (naming it,) being the day of the signing and publishing thereof by said testator, (naming him,) at the request of him, the said testator, and in his presence, and in the presence of each other, the said witnesses subscribed their names thereto as witnesses, and to their names affixed their places of residence.

Supplements and codicils are required to be executed in the same manner and with the same formality as wills.

Upon the execution of any will, the same may be sealed up in an envelop, and kept by the testator, or by any other person, until the testator's decease. If delivered to and kept by any person other than the Judge of Probate, such person is required to deliver the same to the Judge within thirty days after the testator's decease, and in case of refusal, he may be imprisoned, and also subjected to damages, at the suit of the party aggrieved. [R. S., 272, Sec. 12.]

It is further provided, that any will in writing, being enclosed in a sealed wrapper, and having endorsed thereon the name of the testator and his place of residence, and the day when, and the person by whom it is delivered, may be deposited by the person making the same, or by any person for him, with the Judge of Probate, in the county where the testator lives; and the Judge of Probate is obliged to receive and safely keep such will, and give a certificate of the deposit thereof. "Such will shall, during the life time of the testator, be delivered only to some person authorized by him, by an order in writing, duly proved by the oath of a subscribing witness; and after the death of the testator, and at the first Probate Court held after notice thereof,

it is required to be publicly opened by the Judge of Pro bate, and retained by him; and the Judge of Probate shall give notice of such will being in his possession, to the executor therein appointed, if any such there be, other, wise to the persons interested in the provisions of the will; or if the jurisdiction of the case belong to any other court, such will shall be delivered to the executor, or to some other trusty person not interested in the provisions of the same, to bę presented for probate in such other court." [Id., 272, Sec. 10.]

In respect to the revocation of wills in writing, it is provided, "that no will, or any part thereof, shall be revoked, unless by burning, tearing, canceling, or obliterating the same, with the intention of revoking it, by the testator himself, or by some person in his presence and by his direction; or by some other will or codicil in writing, or by some other writing, signed, attested, and subscribed, in the manner provided for the making of a will; excepting, only, that nothing contained in this section shall prevent the revocation implied by law from subsequent changes in the condition or circumstances of the testator." [Id., Sec. 9.]

Whilst it is the obvious purpose of the Legislature of Michigan to recognize the right of every man to dispose of his property as may seem to him best, it has been deemed expedient to place around that right certain guards against the ill effects of forgetfulness and inadvertancy, upon the lawful heirs of the testator's body. It is therefore provided, that "when any testator shall omit to provide in his will for any of his children, or for the issue of any deceased child, they shall take the same share of his estate, both real and personal, that they would have been entitled to if he had died intestate; unless they shall have been provided for by the testator in his lifetime, or unless it shall appear that such omission was intentional, and not occasioned by any mistake or accident." [Id., 274, Sec. 19.]

Unless it shall appear on the probate of the will, that such

omission was intentional, and not occasioned by mistake or accident, or that the child, or issue of any deceased child was provided for, the will becomes ineffectual, as to the heir omitted. Nothing can legally appear, except from proof, either of an intrinsic or extrinsic character. The mention of advances, or of all the children of the testator, or the children of such as shall have deceased, would be proof intrinsic in favor of the will, and is a convenient way of providing against successful contestation. Any proof, however, will be received, which bears upon the facts, but the onus probandi rests upon the executors, or legatees, under the will, who are interested in sustaining it.

"When any child of a testator, born after his father's death shall have no provision made for him by his father, in his will, or otherwise, he shall take the same share of his father's estate, both real and personal, as he would have been entitled to if his father had died intestate." [Id., Sec. 20.]

In the two cases last mentioned, where an omitted or posthumous heir is found to be entitled to take, notwithstanding the will, his or her distributive share is required to be taken from all the devisees and legatees respectively, in proportion to their interests under the will, unless there shall be some specific devise or bequest, which, in equity, requires a different apportionment." [Id., Sec. 21.]

It is further provided that when a devise of real or personal estate is made to any child, or other relation of the testator, and the devisee shall die before the testator, leaving issue who survive the testator, such issue shall take the estate so devised, in the same manner as the devisee would have done if he had survived the testator, unless a different disposition thereof shall be made or required by the will. [Id., Sec. 22.]

Executors of a will may be named or omitted, at the pleasure of the testator; so also may guardians of his minor children be appointed or omitted, the Judge of Probate having power to appoint persons to execute a will, and persons