Page:United States Statutes at Large Volume 31.djvu/565

FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 513 and who shall have been examined as a witness concerning the execution of such will, shall, after he shall have been so examined, demand . or receive, except as provided in section one hundred and seventy-three any proiit or beneiit of or from such estate, interest, dgift, or appointment so given or made to him by an such will, or emand, receive, or accept from any person any such lyegacy or bequest, or any satisfaction or compensation for the same. Sec. 160. If any person by last will devise any real estate to any m£j1°gf; ,{;>§c;“•*· ’°· erson for the term of such person’s life, and after his death, to his or ' her children or heirs, or right heirs in fee, such devise shall vest an eitziiie for life only in such devisee, and remainder in fee simple in such c 1 ren. , Sec. 161. A devise of real property shall be deemed and taken as a Wh¤¤f¤<-=1>¤¤¤¢¤· devise of all the estate or interest of the testator therein subject to his disposal, unless it clearly appears from the will that he intended to devise a less estate or interest; and any estate or interest in real lproperty acquired by anyone after the making of his or her will shal pass ` thereb , unless it clearly appear therefrom that such was not the intention ofy the testator; nor shall any conveyance or disposition of real propertly by anyone after the making of his or her will prevent or affect the operation of such will upon any estate or interest therein subject to the disposal of the testator at his or her death. Sec. 162. When any testator in his last will shall give any chattel or ,egg{¤;;;b¤°*°¤ ¤m°¤¤ real estate to any person, and the same shall be taken in execution for ' the payment o · the testator’s debts, then all the other le tees, devisees, and heirs shall refund their plro ortional part of suchlldss to such person from whom the bequest s all) be taken. · Sec. 163. The term "will,” as used in this chapter, shall be so con- D°“““i°¤ °* Wmstrued as to include all codicils as well as wills. Sec. 164. All courts and others concerned in the execution of last w,§g*¤°'“°°i°“_ of wills shall have due regard to the directions of the will and the true ` intent and meaning of the testator in all matters brought before them. Sec. 165. Where any estate, real or personal is given by deed or mlgf gggnggrwg will to any person for his life, and after is death to his heirs. or to the heirsheirs of his body, the conveyance shall be construed to vest an estate for his life only in such persoh, and a remainder in fee simple in his heirs or the heirs of his body. Sec. 166. A.last will and testament, except when made b a soldier ,uV§’,,*;§{,’,}§“ mm b° in actual military service or by a mariner at sea, is invalid, unless it bein writing and executed with such formalities as are required by law. Sec. 167. A written will can not be revoked or altered otherwise than H¤*{)gW¤‘gjg§edW¤; by another written will, or another writing of the testator, declaring xm. r 0 such revocation or alteration, and executed with the same formalities · required by law for the will itself· or unless the will be burnt, torn, canceled, obliterated, or destroyed with the intent and for the purpose of revoking the same by the testator himself or by another person in his presence, bg his direction and consent; and when so done by another person the irection and consent of the testator, and the fact of such mjury or destruction shall be proved by at least two witnesses. ‘CHAP'1‘ER SIXTEEN. or THE DESCENT or REAL rnox-ER·rY. ¤¤<=· 3 168. Real property, to whom it descends. SEc. 168. When any rson shall die seized of an real ro ert Rm. Proven · *0 or any right thereto, or lelntitled to any interest- therein in fge gimplre wh°m it ducéugl or for the life of another, not having awfully devised the same, such real property shall descend, subjlect to his debts, as follows: (1) In equal shares to his or er children and to the issue of any vox. xxx1—--33