been satisfied. And the judgment of the court must be, that the mortgagee discharge or release the mortgage and pay the mortgagor the costs of suit, including a reasonable attorney's fee, and all damages resulting from such failure. Approved March 13, 1884. CHAPTER XLIII. OF OGDEN CITY. AN ACT amending "An Act to Incorporate Ogden City," approved January 18, 1861. SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 31 of "An Act to Incorporate Ogden City," approved January 18, 1861, be and the same is hereby amended by adding thereto the following: "and to license, tax and regulate the manufacture and sale of spirituous, vinous, fermented, malt and intoxicating liquors.' SEC. 2. That Section 33 of said act be and the same is hereby amended by inserting between the words "City" and "except" in the fourth line of said section the following words: "and to prohibit such selling or giving away.” Approved March 13, 1884. CHAPTER XLIV. OF ESTATES OF DECEDENTS. AN ACT in relation to Estates of Decedents. SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah as follows: TITLE I. WILLS. CHAPTER I. Execution and Revocation of Wills. CHAPTER I. Execution and Revocation of Wills. SEC. 2. Every person over the age of eighteen years, who may make of sound mind, may, by last will, dispose of all his estate, a will. real and personal, and such estate not disposed of by will is succeeded to as provided in Title II. of this act, being chargeable in both cases, with the payment of all the decedent's debts, as provided in An Act relating to Procedure of Probate Courts in the settlement of estates. cured by fraud. SEC. 3. A will, or a part of a will, procured to be will, or part made by duress, menace, fraud, or undue influence, may be thereof, pro. denied probate; and a revocation, procured by the same means may be declared void. women. SEC. 4. A married woman may dispose of all her Separate propseparate estate by will, without the consent of her husband, erty of married and may alter or revoke the will in like manner as if she were single. Her will must be executed and proved in like manner as other wills. Who may, take by will. Written will, how to be executed. Definition of an olographic will. Witness to add residence. Mutual will. Competency of nesses, SEC. 5. A testamentary disposition may be made to any person capable by law of taking the property so disposed of, but corporations other than those formed for scientific, literary, religious, charitable, benevolent, or solely educational purposes, cannot take under a will, unless expressly authorized by statute. SEC. 6. Every will, other than a nuncupative will, must be in writing, and every will other than an olographic and nuncupative will, must be executed and attested as follows: 1. It must be subscribed at the end thereof by the testator himself; 2. The subscription must be made in the presence of the attesting witnesses, and be acknowledged by the testator to them to have been made by him; 3. The testator must, at the time of subscribing or acknowledging the same, declare to the attesting witnesses that the instrument is his will; and 4. There must be two attesting witnesses, each of whom must sign his name as a witness, at the end of the will, at the testator's request, in his presence and in the presence of each other. SEC. 7. An olographic will is one that is entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this Territory, and need not be witnessed. Such wills may be proven in the same manner as other private writings. SEC. 8. A witness to a written will must write, with his name, his place of residence. But a violation of this section does not affect the validity of the will. SEC. 9. A conjoint or mutual will is valid, but it may be revoked by any of the testators, in like manner with any other will. SEC. 10. If the subscribing witnesses to a will are subscribing wit- competent at the time of attesting its execution, their subsequent incompetency, from whatever cause it may arise, does not prevent the probate and the allowance of the will, if it is otherwise satisfactorily proved. Conditional will. Gifts to subscribing witnesses void. SEC. 11. A will, the validity of which is made by its own terms conditional, may be denied probate, according to the event, with reference to the condition. SEC. 12. All beneficial devises, legacies, and gifts whatever, made or given in any will to a subscribing witness thereto are void, unless there are other two competent subscribing witnesses to the same; but a mere charge on the estate of the testator for the payment of debts, does not prevent his creditors from being competent witnesses to his will. Creditors com. petent witnesses. would be entitled to share of es entitled to share tate if no will, SEC. 13. If a witness to whom any beneficial devise, Witress who is a legacy, or gift, void by the preceding section, is made, devisee, who 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, not exceeding the devise or bequest made to him in the will, and he may recover the same of the other devisees or legatees named in the will, in proportion to and out of the parts devised or bequeathed to him. to amount of devise. SEC. 14. No will made out of this Territory is valid will not duly as a will in this Territory, unless executed according to the executed, void. provisions of this Chapter. SEC. 15. The execution of a codicil, referring to a Republication previous will, has the effect to republish the will, as modi- by codicil. fied by the codicil. executed. SEC. 16. A nuncupative will is not required to be in Nuncupative writing, nor to be declared or attended with any formalities. will, how to be SEC. 17. To make a nuncupative will valid, and to Requisites of a entitle it to be admitted to probate, the following requisites valid nuncupamust be observed: 1. The estate bequeathed must not exceed in value the sum of one thousand dollars. 2. It must be proved by two witnesses, who were present at the making thereof, one of whom was asked by the testator at the time to bear witness that such was his will, or to that effect; 3. The decedent must have been at the time in expectation of immediate death from an injury, or casualty happening or occurring within twenty-four hours previous to the making of such nuncupative will. tive will. SEC. 18. No proof must be received of any nuncupa- Proof of nuncu tive will, unless it is offered within six months after speak- pative wills. ing the testamentary words, nor unless the words, or the substance thereof, were reduced to writing within thirty days after they were spoken. SEC. 19. Except in the cases in this Chapter men- Written wills, tioned, no written will, nor any part thereof, can be revoked how 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 should be executed by such testator; or, 2. By being burnt, torn, canceled, obliterated or Evidence of revocation, Revocation of duplicate. destroyed, with the intent and for the purpose of revoking the same, by the testator himself, or by some person in his presence and by his direction. SEC. 20. 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. SEC. 21. The revocation of a will, executed in duplicate, may be made by revoking one of the duplicates. SEC. 22. A prior will is not revoked by a subsequent Revocation by will, unless the latter contains an express revocation, or subsequent will. 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 will. SEC. 23. If, after making a will, the testator duly revived by revo- makes and executes a second will, the destruction, cancellation, or revocation of such second will does not revive the first will, unless it appears by the terms of such revocation that it was the intention to revive and give effect to the first will, or unless, after such destruction, cancellation or revocation, the first will is duly republished. Antecedent not cation of subsequent will. Revocation by marriage and birth of issue. Effect of marriage of a woman on her will. not a revocation. SEC. 24. If, after having made a will, the testator marries, and has issue of such marriage, born either in his lifetime or after his death, and wife or issue survives him, the will is revoked unless provision has been made for such issue by some settlement, or unless such issue are provided for in the will, or in such way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of such revocation can be received. SEC. 25. If, after making a will, the testator marries, and the wife survives the testator, the will is revoked, unless provision has been made for her by marriage contract, or unless she is provided for in the will, or in such way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of revocation must be received. SEC. 26. An agreement made by a testator, for the Contract of sale sale or tranfer of property disposed of by a 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 against the devisees or legatees, as might be had against the testator's successors, if the same had passed by suc cession. SEC. 27. A charge or incumbrance upon any estate, |