It is occasionally adopted as a means of transmitting property to take effect upon the death of the donor, but is not particularly favored by the courts because of the temptation to fraud and imposition, which these informal dispositions of property invite.

They apply to personal property only, but may embrace one's entire personal estate, however great an amount it may be. Nor is any writing necessary. Stocks, bonds, mortgages, and notes will pass by simple delivery, without any assignment by the donor.

There are four essential requisites to the validity of such a transfer; first, it must have been made with a view to the donor's death from present illness or from external and apprehended peril; second, the donor must die of that ailment or peril; third, there must be a delivery of the subject matter of the gift, though not necessarily to the donor directly, and, fourth, the gift must be absolute, that is, without reservation of any interest in the donor.

If the donor recovers from the illness in view of which the gift was made, he may revoke it, even though it was in terms absolute and the delivery complete, and may recover its possession.

It will be observed that they have many of the qualities of testamentary dispositions, yet

they have never been surrounded with any legal formalities, and at least one court has said that they should not be tolerated, unless attended by all the requisites which the common law prescribes, and supported by the most clear, circumstantial and satisfactory proofs.

5. Wills.

In these days almost everyone has a general idea of what a will is; namely, that it is an instrument intended to take effect upon the testator's death as a last disposition of his property and estate. But what is not so commonly understood is the method by which they are required to be executed, how they may be revoked, what degree of mental capacity a testator must possess, and to what extent the law places a restraint upon his testamentary inclinations.

In all cases, except what are known as nuncupative wills (to be hereafter explained) a will must be in writing. It may be in pencil or ink, printing or typewriting, but one which is written upon a slate has been said to be insufficient. The character of the instrument depends not upon the form but upon its substance. It need not contain a statement that it is a will, to make it one. Indeed, strange as it may seem, it need not even contain any disposition of property.

Thus a paper which merely names an executor is a will, and if signed and witnessed in the manner prescribed by law will be effective as such.

Then too, a will need not be contained in one instrument. There may be several, each disposing of distinct parcels of property; or, what not infrequently occurs, there may be one will exclusively affecting property in one state or country, while the testator's property in another locality is disposed of by an entirely separate instrument, each appointing a different executor, whose authority is limited to the administration of that property only.

6. Various kinds of wills.

Most men make the preparation and execution of their wills a more or less formal ceremony; but there are others, on the other hand, who, for one reason or another, prefer to dispense with the services of an attorney and attempt to compose one themselves. The result is a Holographic Will, or one which is in the testator's handwriting. There are no presumptions in favor of the validity of such a will. They must be executed in just as careful and solemn a manner as any other, but where the question is whether the testator understood the character of the paper he was signing,

the court will be just a trifle less severe in scrutinizing the circumstances.

An interesting type of will-particularly at this time is the one which is permitted to be made by soldiers and sailors while in actual service. They are called Nuncupative Wills and differ from any other kind in that they are not required to be in writing, or, if in writing, no formal execution is demanded. By the common law of England the same privilege was extended to one who was overtaken by a sudden illness, and unable to prepare and sign a writing, and the same has at least once been recognized in New York, and perhaps elsewhere. As no formalities are required the only question is whether the testator is one of those entitled to the privilege. No special form of language is demanded. All that is necessary is that, with the intention of making a last disposition of his property and in prospect of death, he verbally state in the presence of witnesses what that disposition is to be.

At times a will is found which on its face shows that it is not intended to become operative, except upon the occurrence of a future event. This is called a Conditional Will, and before it can be admitted to probate the happening of the event in question must be established. Of course if the

condition affects only a portion of the will and not the whole instrument, probate will be granted, leaving the effect of the condition for future determination.

Sometimes a man will execute two identical testaments. These are called Duplicate Wills. Either of them is complete in itself and may be offered for probate, but in such case the other should be produced, as in case it cannot be found a presumption may arise of its revocation by the

testator.

Two persons, as for example a husband and wife, may execute one will, devising reciprocally to each other. This is known as a Conjoint or Mutual Will. Such a will is valid and operates as the separate will of the one first dying. If two persons agree between themselves to make a mutual will, it may be revoked by either upon notice to the other; but upon the death of one it becomes absolute and a fixed obligation which the survivor will not be allowed to impair.

An Irrevocable Will is one which is made as the result of a valid promise to do so. Such a promise is binding on the testator, and although the will cannot be admitted to probate in the face of a later testamentary paper expressly revoking it, its provisions may be enforced as a binding contract against his estate.