§33-5-2  Testamentary capacity – Property subject to will. –

Published: 2015

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Probate practice and procedure


Execution and Revocation of Wills

SECTION 33-5-2

   § 33-5-2  Testamentary capacity –

Property subject to will. –

Every person of sane mind and eighteen (18) years or older in age, may devise,

bequeath, or dispose of, by his or her will, executed in the manner required by

this chapter, all real estate and all personal estate, which he or she shall be

entitled to either at law or in equity at the time of his or her death and

which, if not so devised, bequeathed or disposed of, would devolve upon the

heir at law, or upon his or her executor or administrator, but not including an

estate tail. The power hereby given shall extend to all real estate, including

all estate per autre vie, and all estates, whether they shall be freehold or of

any other tenure, and all estates, whether they shall be corporeal or

incorporeal hereditaments, and also to all contingent, executor, or other

future interests, in any real or personal estate, whether the testator may or

may not be ascertained as the person or one of the persons in whom the estates

respectively may become vested, and whether he or she may become entitled

thereto under the instrument by which the estates respectively were created, or

under any disposition thereof by deed or will, and also to all rights of entry

for conditions broken and other rights of entry, and also to such of the same

estates, interests and rights respectively, and other real and personal estate,

as the testator may be entitled to at the time of his or her death,

notwithstanding that he or she may become entitled to the same subsequently to

the execution of his or her will.

History of Section.

(G.L. 1896, ch. 203, § 2; G.L. 1909, ch. 254, § 2; G.L. 1923, ch.

298, § 2; G.L. 1938, ch. 566, § 2; G.L. 1956, § 33-5-2; P.L.

1988, ch. 146, § 1.)