A will or testament is the legal declaration of a man's intentions of what he wills to be performed after his death. When the will operates on personal property, it is sometimes called a testament, and when upon real estate, a divise, but the more popular denomination is that of last will and testament, embracing equally real and personal estate. There are five essential requisites to make a valid will:

1. The testator must be capable. All persons of sound mind and under no undue coercion may make a valid will, with the exception of minors, and, in some states, married women.

2. The testator must have a serious intention to make such will. If he jestingly or boastingly writes or says that such a person shall have his goods, this is no will.

3. There must be a legatee or devisee in being, and one that has capacity to take the thing given, when it is to vest, or the gift will be void. Minors, married women, and persons of non-sane memory may be legatees. A devise to the heir at law is void if it gives him precisely the same estate he would take by descent, the title by descent having precedence.

4. The testator's mind must be free and uninfluenced by fear, fraud or flattery. In such cases it will be voidable, if not absolutely void.

5. A will must be written or printed on paper, or parchment, but it may be in any language, or in any form. The will or meaning of the testator will be regarded and enforced. It must be signed by the testator or some one authorized by him. It should be signed by three attesting witnesses, who should sign in the presence of the testator and of each other. This formality should be followed, even in states where a less number are sufficient, as the testator may have lands in states where they could not pass without it. Witnesses are rendered incapable of taking any legacy or beneficial interest under it. But this does not make the residue of the will void. It must be published; that is, the testator must do some act from which it can be fairly concluded that he intended the instrument should operate as a will. An executor should be named in the will; if this is not done, an administrator with the will annexed, must be appointed by the court having probate of the will.

The property bequeathed, and the terms of the bequest should be plainly and distinctly defined, so as to leave no doubt of the intention of the testator. In many of the states, marriage, or birth of a child, subsequent to the execution of the will in which no provision is made for such event, will revoke the will, or at least will not deprive the wife or the child of their interest or share of the estate. If a legacy is bequeathed to her in lieu of dower, it is optional with her to take the bequest or the dower.

It is a rule that the last will revokes all former wills; consequently, a man can not, by a testamentary writing, impose upon himself the inability or disqualification of making another inconsistent with and revoking the first.

A nuncupative will is a verbal declaration by the testator of his will before a competent number of witnesses. By statutes, in most of the states, it is restricted to bequests of personal property; in some of them to those made within ten days of the death of the testator.

A codicil is an addition or supplement to a will, and must be executed with the same solemnities. It is a part of the will, the two instruments making but one will.

There may be several codicils: a codicil does not revoke a will further than it is in conflict with some of its particular dispositions, or unless there be express words of revocation. - Sayler's American Forms.