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Declarations of Testator.-Mental
Capacity. The declarations of a tes-
tator, made at any other time than
when engaged in the execution of
his will, are not to be considered by
a jury, except on the question of
mental capacity to make the will.
Hayes et al. v. West et al............21

4.

Subsequent Issue.-Revocation.-
The birth of a child of a testator,
after the execution of the will, works
an entire revocation of the will, un-
less provision shall have been made
in such will for such issue. Hughes
v. Hughes.....
.... 183

Undue Influence.-Wife.-An in-
fluence in procuring the execution
of a will, which when exercised by a
wife is lawful and proper, may
be illegitimate and undue when ex-
ercised by a woman living in unlaw-
ful intercourse with the testator.
Kessinger et al. v. Kessinger et al.341

WITNESS.

Subscribing Witnesses.-Evidence. See DECEDENTS' ESTATES, 5; Hus-

If a competent subscribing witness
to a will states that he and another
competent witness, or other compe-
tent witnesses, subscribed the instru
ment in the presence of the testator
and at his request, the attestation is
sufficiently proved.......... ......Ibid.

BAND AND WIFE, 4.

WRITTEN INSTRUMENT.

See PLEADING, 2.

END OF VOLUME XXXVII.

Ex

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