will

Volition, purpose; desire. An instrument by which a person makes a disposition of his property, to take effect after his decease. Barney v Hayes, 11 Mont 571, 29 P 282. An instrument executed by a competent person, in the manner prescribed by statute, whereby he makes a disposition of his property to take effect on and after his death, such disposition remaining ambulatory and revocable during his lifetime. A legal declaration of a man's intention, which he wills to be performed after his death; the just sentence of the testator's wishes concerning what he would have done after his death. 57 Am J1st Wills § 2. The term includes every kind of testamentary act taking effect from the mind of the testator and manifested by an instrument in writing executed and attested in conformity to the statute. In fact, in some jurisdictions, there is a recognized privilege of nuncupation under which, subject to certain conditions and restrictions, a will may be made without the execution of a written instrument by the testator. 57 Am J1st Wills § 2. See bequest; devise; holographic will; joint will; legacy; mutual will; nuncupative will; oral will; reciprocal wills; seaman's will; soldier's will.