Title 84, Title 84 — Wills and Succession

Legacies are distinguished and designated, according to their nature, as follows: 1. A legacy of a particular thing, specified and distinguished from all others of the same kind belonging to the testator is specific; if such legacy fails, resort cannot be had to the other propert…

In case of a bequest of the interest or income of a certain sum or fund, the income accrues from the testator's death. R.L.1910, Sec. 8326. R.L.1910, § 8326.

Except in the cases in this article mentioned no written will, nor any part thereof, can be revoked or altered otherwise than: 1. By a written will or other writing of the testator, declaring such revocation or alteration, and executed with the same formalities with which a will …

When a will is canceled or destroyed by any other person than the testator, the direction of the testator, and the fact of such injury or destruction, must be proved by two witnesses. R.L. 1910, Sec. 8359. R.L.1910, § 8359.

A revocation by obliteration on the face of the will may be partial or total, and is complete if the material part is so obliterated as to show an intention to revoke; but where, in order to effect a new disposition the testator attempts to revoke a provision of the will by alter…

The revocation of a will, executed in duplicate, may be made by revoking one of the duplicates. R.L.1910, § 8361.

A prior will is not revoked by a subsequent will, unless the latter contains an express revocation, or provisions wholly inconsistent with the terms of the former will; but in other cases the prior will remains effectual so far as consistent with the provisions of the subsequent …

If, after making a will, the testator duly makes and executes a subsequent will, the destruction, canceling or revocation of the latter does not revive the former, unless it appears by the terms of such revocation that it was his intention to renew the former will, or unless afte…

An agreement made by a testator, for the sale or transfer of property disposed of by will previously made, does not revoke such disposal; but the property passes by the will, subject to the same remedies on the testator's agreement, for a specific performance or otherwise, agains…

A legacy, or a gift in contemplation, fear or peril of death, may be satisfied before death. R.L.1910, § 8327.

A charge or encumbrance upon any estate, for the purpose of securing the payment of money or the performance of any covenant or agreement, is not a revocation of any will relating to the same estate which was previously executed, but the devise and legacies therein contained must…

A conveyance, settlement, or other act of a testator, by which his interest in a thing previously disposed of by his will is altered, but not wholly divested, is not a revocation; but the will passes the property which would otherwise devolve by succession. R.L. 1910, Sec. 8368. …

If the instrument by which an alteration is made in the testator's interest in a thing previously disposed of by his will, expresses his intent that it shall be a revocation, or if it contains provisions wholly inconsistent with the terms and nature of the testamentary dispositio…

The revocation of a will revokes all its codicils. R.L. 1910, Sec. 8370. R.L.1910, § 8370.

A. If, after making a will, the testator is divorced, all provisions in such will in favor of the testator's spouse so divorced are thereby revoked. Annulment of the testator's marriage shall have the same effect as a divorce. In the event of either divorce or annulment, the test…

Legacies are due and deliverable at the expiration of one (1) year after the testator's decease. Annuities commence at the testator's decease. R.L.1910, § 8328.

Legacies bear interest from the time when they are due and payable, except that legacies for maintenance, or to the testator's widow, bear interest from the testator's decease. R.L. 1910, Sec. 8329. R.L.1910, § 8329.

Whenever a testator has a child born after the making of his will, either in his lifetime or after his death, and dies leaving such child unprovided for by any settlement, and neither provided for nor in any way mentioned in his will, the child succeeds to the same portion of the…

When any testator omits to provide in his will for any of his children, or for the issue of any deceased child unless it appears that such omission was intentional, such child, or the issue of such child, must have the same share in the estate of the testator, as if he had died i…

will. When any share of the estate of a testator is assigned to a child born after the making of a will, or to a child, or the issue of a child, omitted in a will as hereinbefore mentioned, the same must first be taken from the estate not disposed of by the will, if any; if that …

If such children, or their descendants, so unprovided for, had an equal proportion of the testator's estate bestowed on them in the testator's lifetime, by way of advancement, they take nothing in virtue of the provisions of the three preceding sections. R.L. 1910, Sec. 8374. R.L…

The four preceding sections are in all cases to be controlled by a testator's express intention. R.L. 1910, Sec. 8330. R.L.1910, § 8330.

Every devise of land in any will conveys all the estate of the devisor therein, which he could lawfully devise, unless it clearly appears by the will that he intended to convey a less estate. R.L. 1910, Sec. 8375. R.L.1910, § 8375.

descendants. When any estate is devised or bequeathed to any child or other relation of the testator, and the devisee or legatee dies before the testator, leaving lineal descendants, such descendants take the estate so given by the will, in the same manner as the devisee or legat…

All beneficial devises, legacies or gifts whatever, made or given in any will to a subscribing witness thereto, are void unless there are two other competent subscribing witnesses to the same; but a mere charge on the estate of the testator for the payment of debts does not preve…

If a witness to whom any beneficial devise, legacy or gift, void by the preceding section, is made, would have been entitled to any share of the estate of the testator, in case the will should not be established, he succeeds to so much of the share as would be distributed to him,…

If the subscribing witnesses to a will are competent at the time of attesting its execution, their subsequent incompetency, from whatever cause it may arise, does not prevent the probate and allowance of the will, if it is otherwise satisfactorily proved. R.L. 1910, Sec. 8379. R.…

Any estate, right or interest in lands acquired by the testator after the making of his will, passes thereby and in like manner as if title thereto was vested in him at the time of making the will, unless the contrary manifestly appears by the will to have been the intention of t…

Where it appears by the terms of a will that it was the intention of the testator to commit the execution thereof and the administration of his estate to any person as executor, such person although not named executor, is entitled to letters testamentary in like manner as if he h…

A will is to be construed according to the intention of the testator. Where his intention cannot have effect to its full extent, it must have effect as far as possible. R.L. 1910, Sec. 8381.

In case of uncertainty, arising upon the face of a will, as to the application of any of its provisions, the testator's intention is to be ascertained form the words of the will, taking into view the circumstances under which it was made, exclusive of his oral declarations. R.L. …

In interpreting a will, subject to the laws of this atate, the rules prescribed by the following sections of this article are to be observed, unless an intention to the contrary clearly appears. R.L.1910, § 8383.

Several testamentary instruments, executed by the same testator, are to be taken and construed together as one instrument. R.L. 1910, Sec. 8384. R.L.1910, § 8384.

All the parts of a will are to be construed in relation to each other, and so as to form one consistent whole, if possible but where several parts are absolutely irreconcilable, the latter as to position must prevail. R.L. 1910, Sec. 8385. R.L.1910, § 8385.

A clear and distinct devise or bequest cannot be affected by any reasons assigned therefor, or by any other words not equally clear and distinct, or by inference or argument from other parts of the will, or by an inaccurate recital of or reference to its contents in another part …

Where the meaning of any part of a will is ambiguous or doubtful it may be explained by any reference thereto, or recital thereof, in another part of the will. R.L. 1910, Sec. 8387. R.L.1910, § 8387.

The words of a will are to be taken in their ordinary and grammatical sense unless a clear intention to use them in another sense can be collected, and that other can be ascertained. R.L. 1910, Sec. 8388. R.L.1910, § 8388.

The words of a will are to receive an interpretation which will give to every expression some effect rather than one which shall render any of the expressions inoperative. R.L. 1910, Sec. 8389. R.L.1910, § 8389. x

An authority to an executor to appoint an executor, is void. R.L. 1910, Sec. 8332. R.L.1910, § 8332. R.L.1910, § 8332.

Of two modes of interpreting a will, that is to be preferred which will prevent a total intestacy. R.L. 1910, Sec. 8390. R.L.1910, § 8390.

Technical words in a will are to be taken in their technical sense unless the context clearly indicates a contrary intention. R.L. 1910, Sec. 8391. R.L.1910, § 8391.

Technical words are not necessary to give effect to any species of disposition by a will. R.L. 1910, Sec. 8392. R.L.1910, § 8392.

The term "heirs," or other words of inheritance, are not requisite to devise a fee, and a devise of real property passes all the estate of the testator, unless otherwise limited. R.L. 1910, Sec. 8393. R.L.1910, § 8393.

Real or personal property embraced in a power to devise passes by a will purporting to devise all the real or personal property of the testator. R.L. 1910, Sec. 8394. R.L.1910, § 8394.

A devise or bequest of all the testator's real or personal property, in express terms, or in any other terms denoting his intent to dispose of all his real or personal property, passes all the real or personal property which he was entitled to dispose of by will at the time of hi…

A devise of the residue of the testator's real property passes all the real property which he was entitled to devise at the time of his death, not otherwise effectually devised by his will. R.L. 1910, Sec. 8396. R.L.1910, § 8396.

A bequest of the residue of the testator's personal property passes all the personal property which he was entitled to bequeath at the time of his death not otherwise effectually bequeathed by his will. R.L. 1910, Sec. 8397. R.L.1910, § 8397.

A testamentary disposition to "heirs," "relations," "nearest relations," "representatives," "legal representatives," or "personal representatives," or "family," "issue," "descendants," "nearest," or "next of kin," of any person, without other words of qualification, and when the …

of donation. The terms mentioned in the last section are used as words of donation, and not limitation, when the property is given to the person so designated, directly, and not as a qualification of an estate given to the ancestor of such person. R.L. 1910, Sec. 8399. R.L.1910, …

etc. No person has any power, as an executor, until he qualifies, except that, before letters have been issued, he may pay funeral charges and take necessary measures for the preservation of the estate. R.L. 1910, Sec. 8333. R.L.1910, § 8333.