warrant, shall be destroyed under the direction of the court or magistrate.
Sect. 5. This act shall take effect from and after its passage, and approval by the governor.
- Approved May 13, 1862.
WILLS.
CHAPTER 90.
AN ACT CONCERNING WILLS OF REAL AND PERSONAL PROPERTY.
Be it enacted by the Legislative Assembly of the Territory of Dakota:
Sect 1. Every person of full age and sound mind, being seized in his own right of any lands or any right thereto, or entitled to any interest therein descendible to his heirs, may devise or dispose of the same by his last will and testament in writing; and all such estate not disposed of by will, shall descend as the estate of an intestate, being chargeable in both cases with the payment of all debts; and any married woman may devise and dispose of any real or personal property held by her, or to which she is entitled in her own right, by her last will and testament in writing, and may alter or revoke the same in like manner that a person under no disability may do the same.
Sect. 2. Every devise of land in any will hereafter made shall be construed to convey all the estate of the devisor therein which he could lawfully devise, unless it shall clearly appear by the will that the devisor intended to convey a less estate.
Sect. 3. Any estate, right, or interest in lands acquired by the testator after the making of his will, shall pass thereby in