Probate practice and procedure
Execution and Revocation of Wills
§ 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.)