Will

The legal declaration of a man's intention respecting the disposition of his property, which he wills to be performed after his death.

See 2 Bl. Comm. 309.

See Joint Will. The word is of common-law origin, the corresponding civil-law terra being "testament" (q. V.) "Will," "testament," and "last will and testament" are now said to be synonymous.

Schouler, Wills, § 2.

In general, any instrument executed with the required formalities, conferring no present rights, but intended to take effect on the death of the maker, will be considered to be a will. 4 Wend. (N. Y.) 168; 104 Pa. St. 240. (1) Holographic (or olographic) wills are those written and signed entirely with the testator's own hand. By reason of this, certain formalities in execution are in some jurisdictions dispensed with. (2) Nuncupative wills are those made by oral declaration in the presence of witnesses. They are not in use in the United States, and in England are confined to seamen and soldiers in active service. (3) Mystic wills, in Louisiana, are wills sealed in the presence of witnesses.

See Mystic Testament.