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An Act concerning Wills. 1822 52 (1822)

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Nuncupat

AN ACT
S  nccrnLng Wills.
it enacte  6  .  1
son pay   1. Be it enactedy the Governor and Legislative Coun-
cil of the Trrrit6ry of Florida, That, every person aged
twelty one years or u1pwvards, being of sound mind and
not a married woman, shall hu ,e power at his or her will
and pleasure, by last will and testamiuent in writing, to de-
vise sll tip estate, right, title and interest in possession,
remainder or reversinn, which he or she hath, or at the
tihle of his or her' leath shall have of, in or to lands, tene.
ments or hereditaments, annuities or rents issuing out of
them; goods and chattels, so as such last will and testa-
mient be signed by the testator or testatrix or by some
dther pers~oi in his or her presence, and by his or her di-
rections; atid moreover, if' not wholly written by himself
or hterslf' be attested by two or more competent witness-
ess, subscribing their uines in his or her presence-sav-
ilig to the widows of' testaturs their right ofr dower ill
lands and tenaments, which shall not be prejudiced by
the devise thereo'.
2. Be it further enacted, That, slaves so far as res-
LI estate  pects wills and testaments, and marriage rights of bus.
bands over the estate )' wire, shall be considered real es-
tate and pass by will and testament of' persons being
possessed thereof subject to the same regulations as land-
edI property.
3. Be it further enacted, That, no will in writing or any
except devise tlerin of chattels shall be revoked by any subse-
rtahn   qulcift will, codicil or declaration unless the same be il
writing and accompanied with the formalities required
by law fro' the due execution of the will thereby revoked.
4. Be it further enacted, Tiat, if any testator make a
before  last will and testatient when he have no child living
wherein any child he might lave is not provided for,
such will shall have no effect aFter the birth of said child,
unless he die unmarried and without issue before he at-
-some   tains the age of twenty one years-When a testator hav-
visg-and ii  a child or children born before the making his last
naftcr.  wllIand testament, and a child shall be born afterwards
neither lrovided for notr disinherited, he shall succeed to
the same portion of the estate as lie would have been en-
titled to had the father died intestate-towards raising
whiclh tle devisees alid legatees shall c6ntrihute propor-
tionAliv out of' the parts devised or bequeathed to them.
ye will.  5. Be it/urter enacted, That, no nuncupative will shall
be established unless it be made in thei tle of the last
illney cif' the deceased, anid unless lie call upon two or
more disintei'mted persons to take notice and bear testi-
m, y of' suh verbal will or words or ike import; and
after six months have elapsed no testimony shall be re-
I

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