The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-01-21

and by his express direction, and at
tested by two or more competent
witnesses subscribing their names to
the will, in the presence of the tesla
tor" Civil Code (1SS2) 479.
A will TO convey property must be per-
feet, executed with all the forms and sol
emnities required by law, and no defect in
it's execution, can be aided or supplied by
parole proof Md. M, 134; Yes 209.
And it must be published; that is, the
testator must do some act from which 1t /
can be concluded that he intended the in |
strument to operate as his will. Cruise, |
70; Burns Fec. Law, 119. AS to declar- |
atoms of testator before and after making |
the will. See l Calls, no. Loose de-
clarations of the testator to be received
with caution. Will of Ely, 2 Haw. R.,
649. The testator's knowledge of the
Wash. c. @. $50. testator being I'M
able to read, and there being no proof
that the will was read over to him, Onus
is upon the proponent to show that he
had knowledge of the contents. Haw.
r., 249.
WITNESSES. 1t is not necessary that
they should attest in the presence of each
other, or that they should attest
| every page or sheet, or that they should
know the contents, or that each page
should be particularly shown to them.
The testator must have knowledge of the
fact that the witnesses are in his presence.
| If the testator produced a will already
| signed, to the witnesses, and acknowl-
edges his signature in their presence, it is
a sufficient compliance with the act, as it
is unnecessary for the testator actually to
sign the will in the presence of the wit
nesses. Where the witnesses at
tested the will, while the testator
was corporally present, but in
state of insensibility, it was held
to be void attestation. The subscribing
witnesses need not attest at one time, nor
all together. Dong, 241 4 Kent's Conn.,,
515. Where the testator signed the will
in the presence of the witnesses, and they
at his request took the will into an adj
| lOluR
the room in which the testator was, there
was a plank partition and, after attest
ing it, it was carried back to the testator,
and he informed of the attestation. and
approved of it, it was held that, 10rinlG
fuc5e, the will was not legally executed.
z Har. & j. (Md.), 81 ; Har. & McR.,
1852. The last will revokes all former
wills. man cannot, by any testament
airy act, impose upon himself the in
ability of making another inconsistent
with, and revoking the first will. Bac.
, Alb Wills, E. Swinb. on Ex., pit. Z, sec.
, IA.
; "NUNcUPATIvE WILL. An oral will
+ declared by testator in ertrenaiS, o.
under circumstances considered equlva
{ lent thereto, before witnesses, and after
wards reduced to writing. 4 Kent, 576
= II Jar. on Wills, 100. L-4
f {" NUNcUpATTyE WILLS y are viewed will
e distrust iu the Courts, and the making o
s one requires TO be proved by evidenc
$ more strict and stringent than that of
+ written one in every particular. This l
a requisite in consideration of the facilitie
= with which frauds in setting up nuncu
Y pative Wills are obviously attended-facili
: ties which essentially require for thei
!; suppression the utmost vigilance on tn
part of the Court. The tsstamentar
= capacity of the deceased, and the Grlinaat
S testanoli, at the time of the alleged nun
d cupation, must appear by the elearest an
+ most indisputable testimony.
/. A NUNCUPATIvE WILL may be made nc
f only upon the proper motion of the test
: ator, but at the interrogation of another
J., l Will. on Ex., 60; Danl. S Alb, ch. 127
Jarman on Wills, 100; Kent. SIS
: Bl. Com, 500. In early times this kin
of will was very common, and before tn
y English Statute of Frauds, by which
was virtually abolished, save in case c
sailors and soldiers, was of equal efficacy
except for lands, tenements, and heredlta
ments, with a written testament. Th
testator must be IN extrenais, overtake
by violent sickness, in contemplation c
: death, and without time to make write
will. Adams, $50 20 Johns, 51E
The deceased must have clearly intimate
by word or sign that he intended to max
will. B. Mon, $50; "a Ills, "a
:, The privilege extends to soldiers in actuf
service, and to sailors at sea. 2 r. 1
1873 2 Curt, 3S9, Wins. on Ex., SO
Redf. on Wills, 1s5. If, in reducing sue
!. parliamentary words to writing, 81 part b
omitted, the residue will be good. Her
& NJ, 81. A.verbal will made and put
:. lished according to the custom of til
country antecedent to the enactment {
the organic laws of 1846, was held to b
> valid. Haw. R., 80. There is no sta
tutory provision of Hawaii either for c
against nuncupatiye wills Though tn
. Statute of Wills shows, as we have seer
!, that the Legislature intended to pass
: Law upon the subject) and this woul
seem to leave the subject within th
;. scope, etc., of the common law an
:, "usages of other Countries - to which tn
:. Courts may resort. Civil Code, 1S8:
!, p. 4. And 6 the several Courts may Gil
and adopt the reasonings and principle