Any person may take under a will either as legatee or devisee,9 in the absence of statutory provisions to the contrary.10 In this country restrictions upon the capacity to take under a will when any restrictions are found, are generally limited to the two cases of nonresident aliens and corporations.

A legacy or devise may also be held invalid on account of the purpose for which the legacy or devise was left being illegal or against public policy. This generally arises in the case of trusts.11 For a discussion of the laws governing the capacity of a person to take, see subject of Conflict of Laws.12