In re the Probate of the Nuncupative Will of O'Connor

Ketcham, S.

proponent alleges that the decedent made an oral or nuncupative will which should be admitted to probate.

There is no case in the history of this court in which a like will has been propounded and modern instance's of nuncupation are rare. Still, the rules are plain.

The common law permitted nuncupative dispositions and its principles are still alive, save so far as 'they are affected by statutory provisions, as follows:(a) “ ¡No nuncupative or unwritten will, bequeathing personal estate, shall be valid, unless made by a soldier while in actual military service or by a mariner, while…