Revocation or cancellation (R. S. pt. 2, ch. 6, tit. 1), 42, 50. upon a witness to a will who omits to write his address opposite to his signature, does not begin to run until the death of the testator. Dodge v. Cornelius, 168 N. Y. 242, rev'g 40 App. Div. 18, 57 N. Y. Supp. 791. R. S. Pt. II, ch. 6, tit. 1, § 42. Revocation or cancellation. (C. & G. Gen. Laws, p. 4464.) Effect of codicil to will revoked. The effect of a codicil to a will which has been revoked by a later will is to revive and republish the earlier will as of the date of the codicil and to impliedly, if not expressly, revoke the intermediate will, so that the codicil and earlier will constitute the final testamentary disposition of the estate. Matter of Campbell, 170 N. Y. 84. Revocation by writing across pages of will. Where a will and codicil are written on two sheets of legal cap paper containing the usual margin the action of the testator in writing lengthwise of the pages in the blank margin space the words "this will and codicil is revoked," together with the date and his signature, does not operate as a revocation, especially when it appears that no portion of the body of the will or codicil was cancelled or obliterated. Matter of Akers, 74 App. Div. 461, 77 N. Y. Supp. 643, affirmed, 173 N. Y. 620. Obliteration of signature.— A will will not be denied probate for the mere obliteration of the testator's signature by a number of vertical lines drawn through the same; especially where there was no apparent reason for the revocation of the will and it appears that the vertical strokes over the signature were made by a firm, vigorous hand and could not have been made by the testator who wrote with a trembling hand. Matter of Hopkins, 73 App. Div. 559, 77 N. Y. Supp. 178, reversed on other grounds, 172 N. Y. 360. Cancellation of codicil. A codicil to a will is cancelled where the testator has drawn across all its provisions, including the signature and attestation clause, numerous cross marks in lead pencil, and has also written the word " cancelled" in two places in the attestation clause and in another place the words "April 19, 1895." Matter of Alger, 38 Misc. 143, 77 N. Y. Supp. 166. § 50. Devisee or legatee may witness will, but devise to him void. (C. & G. Gen. Laws, p. 4468.) Subscribing witnesses to a codicil.-The fact that legatees under a will are the subscribing witnesses to a codicil indorsed upon it does not preclude them from taking under the will where it alone is proved, and the codicil does not benefit them and is not necessary to the proof of the will. Matter of Johnson, 37 Misc. 334, 75 N. Y. Supp. 489. Devises and bequests, L. 1860, ch. 360; (L. 1848, ch. 319), § 6. Restriction on devises and bequests. L. 1860, ch. 360. An act relating to wills. (C. & G. Gen. Laws, p. 4470.) Who may avail themselves of provisions of act. The rights springing from this statute are personal, the same as the rights of a borrower under the statute of usury, and only the persons named in the act and those benefited through them can invoke its protection. Frazer v. Hoguet, 65 App. Div. 192, 201, 72 N. Y. Supp. 840. For whose benefit act was intended; waiver.- The above act was not intended solely for the relatives named in the statute, but for the benefit of any parties who would, if the decedent had died intestate, take the decedent's property in connection with any relatives named in the statute. The provisions of the statute may be waived by united action on the part of the parties for whose benefit it is intended. Matter of Stilson, 85 App. Div. 132, 83 N. Y. Supp. 67. (1) Restrictions on devisees and bequests. L. 1848, ch. 319, § 6 (C. & G. Gen. Laws, p. 4471), amended by L. 1903, ch. 623, in effect May 15, 1903, as follows: § 6. Devises and bequests to benevolent, etc., corporations. Any corporation formed under this act, shall be capable of taking, holding or receiving any property, real or personal, by virtue of any devise or bequest contained in any last will and testament of any person whatsoever; provided, no person leaving a wife or child or parent, shall devise or bequeath to such institution or corporation more than one-half of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid to the extent of such one-half, and no such devise or bequest shall be valid, in any will which shall not have been made and executed at least two months before the death of the testator. (Amended by L. 1903, ch. 623, in effect May 15, 1903.) Application. The provisions of this section do not apply to corporations organized under the Membership Corporations Law. Spenser v. Hay Library Assn., 36 Misc. 393, 73 N. Y. Supp. 712. Application to religious corporations.— A religious corporation incorporated under R. L. 1813, ch. 60, not expressly or constructively made subject to L. 1848, ch. 319, section 6, may take under a will made and executed at least two months before the death of the testator since such act was not intended by the legislature as a supplement to such laws as specifically provide for the incorporation of religious societies. Matter of Brush, 35 Misc. 689, 72 N. Y. Supp. 421. |