Every description of property, whether real or personal, may be given by will. In the case of persons dying owing debts, however, the law gives to the executors sufficient of the personal property of the deceased to pay off all existing indebtedness, irrespective of the terms of the will; and where the personal property is not sufficient for this purpose, real property may be so appropriated.

Property may be bequeathed by will to all persons, including married women, infants, lunatics, idiots, etc.

Wills may be made by any person not disqualified by age or mental incapacity. Generally speaking, a person must have attained the age of twenty-one years before he or she can make a valid will of lands, and the same age in many States is required for a will of solely personal property.

In New York males of eighteen and females of sixteen are competent to bequeath personal property. "Sound and disposing mind and memory" are always essential to the validity of any will. For this reason idiots, lunatics, intoxicated persons (during intoxication) and persons of unsound or weak minds are incompetent to make wills. A will procured by fraud is also invalid, although the testator be fully competent to make a valid will. All wills must be in writing, except those made by soldiers in active service during war and by sailors while at sea. Such persons may make a verbal or nuncupative will, under certain restrictions as to witnesses, etc. No particular form of words is required.

A valid will must be subscribed or signed by the testator or some one for him, in his presence and at his request. The signature must be affixed in the presence of each of the witnesses. In case the will be signed by some one for him, the testator must acknowledge the signature to be his own in presence of the witnesses. The testator must declare to each of the subscribing witnesses that the instrument is his "last will and testament." This is of the utmost importance, and is called the "publication." There must be at least two (three are required in some of the States) subscribing witnesses, who must act as such at the testator's request, or at the request of some one in his presence. The subscribing witnesses must not be beneficially interested in the provisions of the will. These witnesses must all sign the will in the presence of the testator, and (in New York and some of the other States) in the presence of each other.

A codicil is an appendix annexed to the will after its execution, whereby the testator, makes some change in, or addition to, his former disposition, and must be signed, published and attested in the same manner as the original will.

The revocation of a will may be express or implied - express, by the execution of a new and later will, or by the intentional destruction of the old one, or by a formal written revocation, signed and witnessed in the same manner as the will itself. An implied revocation is wrought by the subsequent marriage of the testator and the birth of children, or by either.

Don't leave anything uncertain in a will, and don't neglect to declare it to be your last will and testament.

Don't make a will without two (better three) witnesses, none of whom must be interested in it. See that each witness writes his full name and address.

Don't make a new will unless you destroy or revoke the old one, and don't add a codicil unless it is executed in the same way as the original will.

Don't neglect to make a new will if you mortgage or sell property devised or bequeathed in a prior one.

Don't make a will which does not provide for children that may be born.

Don't will property to a corporation whose charter does not permit it to take by devise or bequest.

Don't fail to say "bequeath" for personal and "devise" for real property.