[Sidenote:  Soldier or mariner.]

A soldier in actual service, or a mariner at sea, may dispose of all his personal estate by a will so made and witnessed. [Sec.3525.]

[Sidenote:  In writing.  Witnessed.  Signed.]

All other wills, to be valid, must be in writing, witnessed by two competent witnesses and signed by the testator, or by some other person in his presence and by his express direction. [Sec.3526.] It is necessary that the witnesses shall subscribe the will, but not that they shall have any knowledge of its contents, nor that they shall see the testator sign it.  It is sufficient if the signature is adopted or acknowledged in their presence.  If a will is made with the intention of disposing of real property it must be executed according to the requirements of the laws of the state where the real property is situated.

[Sidenote:  Interest of witness.]

No subscribing witness to any will can derive any benefit therefrom, unless there be two disinterested and competent witnesses to the same. [Sec.3527.] But if, without a will, he would be entitled to any portion of the testator’s estate, he may still receive such portion to the extent in value of the amount devised. [Sec.3528.]

[Sidenote:  Revocation.]

Wills can be revoked in whole or in part, only by being canceled or destroyed by the act or direction of the testator with the intention of so revoking them, or by the execution of subsequent wills. [Sec.3529.] The birth of a child after the execution of a will but before the death of the testator, operates as a revocation of the will, and the birth and recognition of an illegitimate child has the same effect.  Declarations of the testator to the effect that he intended to revoke the will, will not be sufficient to prove a cancellation.

[Sidenote:  Cancellation.]

When done by cancellation, the revocation must be witnessed in the same manner as the making of a new will. [Sec.3530.]

[Sidenote:  Executors.]

If no executors are named in the will, one or more may be appointed to carry it into effect. [Sec.3532.]

[Sidenote:  Posthumous children.]

Posthumous children unprovided for by the father’s will, shall inherit the same interest as though no will had been made. [Sec.3534.]

[Sidenote:  Heirs of a devisee.]

If a devisee die before the testator, his heirs shall inherit the amount so devised to him unless from the terms of the will a contrary intent is manifest. [Sec.3537.] The word heir in this section does not include the widow of the testator, and she cannot inherit from a child to whom property has been devised by his father, but who has died before the father.

[Sidenote:  Married women.]

A married woman may act as executor independent of her husband. [Sec.3545.]

[Sidenote:  Minors.]

If a minor under eighteen years of age is appointed executor, there is a temporary vacancy as to him until he reaches that age. [Sec.3546.]