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
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
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.