§ 6621. Eligibility for parole A prisoner confined in a penitentiary, jail or prison in the Canal Zone for a definite term or terms of over six months or for the term of his natural life, whose record shows that he has observed the rules of the institution in which he is confined, may be released by the Governor on parole after serving one-third of such term or terms or after serving 15 years of a life sentence or of a sentence of over 45 years. § 6622. Application for parole Application for parole shall be made in writing. An application may not be considered unless the penitentiary, jail, or prison records show that: (1) the applicant's conduct has been uniformly excellent for a period of at least six months immediately preceding the date of the application, or for a period immediately preceding the date of the application amounting to at least one-third of the term of imprisonment; and (2) the applicant has served the minimum time fixed by section 6621 of this title. § 6623. Conditions of parole (a) If it appears to the Governor from a report by the proper officers of the penitentiary, prison or jail, or upon application by a prisoner for release on parole that there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws, and if in the opinion of the Governor the release is not incompatible with the welfare of society, the Governor may in his discretion authorize the release of the prisoner on parole. (b) The parolee shall be allowed to return to his home, or to go elsewhere, upon such terms and conditions as the Governor prescribes. § 6624. Violation of parole (a) Violation of any condition of the parole within the maximum term or terms for which he was sentenced shall subject the prisoner to be retaken upon a warrant issued by the Governor or his designee and the warrant may be served by any peace officer. The unexpired term of imprisonment of the prisoner shall begin to run from the date he is returned under the warrant to the penitentiary, prison or jail from which he was paroled. (b) A prisoner taken into custody by virtue of a warrant under this section shall be given an opportunity to appear before the Governor or his designee or designees and the Governor may, after a hearing, or after a hearing has been waived, revoke the order of parole or modify the terms and conditions thereof. (c) If the order of parole is revoked the prisoner shall serve all or any part of the remainder of the sentence originally imposed and the time the prisoner was out on parole may not be taken into account to diminish the time for which he was sentenced. § 6625. Regulations by Governor The Governor shall prescribe, and from time to time may amend, regulations regarding parole necessary or desirable in carrying out the provisions of this chapter and not inconsistent therewith. TITLE 7-DECEDENTS' ESTATES AND FIDUCIARY RELATIONS PART Sec. 1. WILLS. 1 2. SUCCESSION; ESCHEAT; SIMULTANEOUS DEATHS__. 3. ADMINISTRATION OF DECEDENTS' ESTATES- 501 901 7. KINDRED NOT MENTIONED IN WILL; DEATH OF LEGATEES_ 9. INTERPRETATION OF WILLS. 11. EFFECT OF CERTAIN PROVISIONS_ 13. CONDITIONS AND REMAINDERS.... 15. LEGACIES AND INTEREST__ CHAPTER 1-GENERAL PROVISIONS REGARDING WILLS Sec. 1 41 81 121 151 191 231 261 Sec. 1. Definition of will. 2. Persons who may make a will; property subject to disposal. 3. Effect of duress, menace, fraud or undue influence. 4. Conjoint or mutual will. 5. Republication by codicil. 6. Bequest for charitable uses. § 1. Definition of will As used in this Code, unless it is otherwise provided or the context requires a different construction, application or meaning, "will" means "last will and testament" and includes "codicil". § 2. Persons who may make a will; property subject to disposal Every person of sound mind, over 18 years of age, may dispose by will, of: (1) his separate property; (2) the whole or any part of his body to a teaching institution, university, college, the health director of the Canal Zone Government, or a legally licensed hospital, or to or for the use of a nonprofit blood bank, artery bank, eye bank, or other therapeutic service operated by an agency approved under regulations established pursuant to section 911 of Title 2, either for use as the institution, university, college, the health director, hospital or agency may see fit, or for use as expressly designated in the will; and (3) community property to the extent provided by sections 521 and 522 of this title. The estate not disposed of by will is succeeded to as provided by chapters 31 and 33 of this title. § 3. Effect of duress, menace, fraud or undue influence A will, or part of a will, procured by duress, menace, fraud, or undue influence, may be denied probate; and a revocation, procured by the same means, may be declared void. § 4. Conjoint or mutual will A conjoint or mutual will is valid, but may be revoked by any of the testators in like manner as any other will. § 5. Republication by codicil The execution of a codicil referring to a previous will republishes the will as modified by the codicil. § 6. Bequest for charitable uses (a) A bequest or legacy to a charitable or benevolent society or corporation, or to a person, in trust for charitable uses, is not valid unless the will is duly executed at least 30 days before the death of the testator. If the testator has legal heirs, the charitable bequests may not exceed one third of his estate; if their aggregate amount is more, they shall be reduced pro rata to one third of the estate. Testamentary dispositions contrary to this section are void and the property shall go to the residuary legatee, next of kin, or heirs, according to law. (b) This section does not apply to bequests or devises made by will executed at least six months prior to the death of a testator, if: (1) he leaves no parent, spouse, child, or grandchild; or Sec. (2) his parents, spouse, children, and grandchildren waived the restriction in this section by a writing executed at least six months before his death. CHAPTER 3-EXECUTION OF WILLS 41. Execution of written will; attestation. 42. Devises and bequests to subscribing witnesses. 43. Creditors as competent witnesses. 44. Holographic will. 45. Nuncupative will; persons who may make; witnesses; property disposable. 46. Will made outside the Canal Zone. 47. Will made in Canal Zone by citizen of another State or country. 48. Construction of chapter. § 41. Execution of written will; attestation A will, other than a nuncupative will, shall be in writing, and a will other than a holographic will, and a nuncupative will, shall be executed and attested as follows: (1) it shall be subscribed at the end thereof to the testator himself, or by another person in his presence and by his direction; and a person who subscribes the testator's name, by his direction, shall write his own name as a witness to the will, but a failure to do so does not affect the validity of the will; (2) the subscription shall be made, or the testator shall acknowledge it to have been made by him or by his authority, in the presence of both of the attesting witnesses, present at the same time; (3) at the time of subscribing or acknowledging the instrument, the testator shall declare to the attesting witnesses that it is his will; (4) there shall be at least two attesting witnesses, each of whom shall sign the instrument as a witness, at the end of the will, at the testator's request and in his presence; and the witnesses shall give their places of residence, but a failure to do so will not affect the validity of the will. § 42. Devises and bequests to subscribing witnesses Beneficial devises, bequests and legacies to a subscribing witness are void, unless there are two other competent and disinterested subscribing witnesses to the will, except that if the interested witness would be entitled to a share of the estate of the testator in case the will were not established, he shall take such proportion of the devise or bequest made to him in the will as does not exceed the share of the estate which would be distributed to him if the will were not established. § 43. Creditors as competent witnesses A mere charge on the estate of the testator for the payment of debts does not prevent his creditors from being competent witnesses to his will. § 44. Holographic will A holographic will is one that is entirely written, dated, and signed by the testator himself. It is subject to no other form, and may be made in or out of the Canal Zone, and need not be witnessed. An address, date or other matter written, printed or stamped upon the document, which is not incorporated in the provisions that are in the handwriting of the decedent, may not be considered as a part of the will. § 45. Nuncupative will; persons who may make; witnesses; property disposable (a) A nuncupative will is not required to be in writing, nor to be declared or attested with any formalities. It may be made orally by a person who, at the time of making, is in: (1) actual military service in the field, or doing duty on shipboard at sea, and in either case in actual contemplation, fear, or peril of death; or (2) expectation of immediate death from an injury received the same day. (b) A nuncupative will shall be proved by two witnesses who were present at the making thereof, at least one of whom was asked by the testator, at the time, to bear witness that it was his will, or to that effect. (c) A nuncupative will may dispose of personal property only, and the estate bequeathed may not exceed $1,000 in value. § 46. Will made outside the Canal Zone A will made outside the Canal Zone which might be proved and allowed by the laws of the State or country in which it was made, may be proved, allowed, and recorded in the Canal Zone, and has the same effect as if executed according to the laws of the Canal Zone. § 47. Will made in Canal Zone by citizen of another State or country A will made within the Canal Zone by a citizen or subject of another State or country, which: (1) is executed in accordance with the law of the State or country of which he is a citizen or subject; and (2) might be proved and allowed by the law of that State or country may be proved, allowed, and recorded in the Canal Zone, and has the same effect as if executed according to the laws of the Canal Zone. § 48. Construction of chapter This chapter does not impair the validity of the execution of a will made before January 2, 1963. 88558 - 62 - 42 Sec. CHAPTER 5-REVOCATION OF WILLS 81. Revocation of written will; duplicate will. 82. Revocation by subsequent will. 83. Effect on prior will of revocation of subsequent will. 84. Revocation by marriage. 85. Revocation by marriage and birth of issue or adoption of children. 86. Instrument altering interest in property previously disposed of by will. 87. Contract for sale or transfer of property previously disposed of by will. 88. Mortgage or transfer of property previously disposed of by will. 89. Revocation of codicils. 90. Construction of chapter. § 81. Revocation of written will; duplicate will (a) Except as provided in this chapter, a written will, or any part thereof, may be revoked or altered only by: (1) a written will, or other writing of the testator, declaring the revocation or alteration, and executed with the same formalities required for the execution of a will; or (2) being burned, torn, cancelled, defaced, obliterated, or destroyed, with the intent and for the purpose of revoking it, by the testator himself, or by another person in his presence and by his direction; and if the act is done by a person other than the testator, the direction of the testator, and the fact of the injury or destruction, shall be proved by two witnesses. (b) A will executed in duplicate is revoked if one of the duplicates is burned, torn, cancelled, defaced, obliterated, or destroyed under the circumstances specified by subsection (a) (2) of this section. § 82. Revocation by subsequent will A will is not revoked by a subsequent will, unless the latter contains an express revocation, or provisions wholly inconsistent with the terms of the prior will. In other cases the prior will remains effectual as far as consistent with the provisions of the subsequent will; but the mere naming of an executor in the prior will need not be given effect by the court when the subsequent will is otherwise wholly inconsistent with the terms of the prior will, the intention of the testator in this respect being left to the determination of the court. § 83. Effect on prior will of revocation of subsequent will If, after making a will, the testator makes a second will, the destruction or other revocation of the second will does not revive the first will, unless: (1) it appears by the terms of the revocation that it was the intention to revive and give effect to the first will; or (2) after the destruction or other revocation, the first will is duly republished. § 84. Revocation by marriage If a person marries after making a will, and the the maker, the will is revoked as to the spouse, unless : spouse survives (1) provision has been made for the spouse by marriage contract; or (2) the spouse is provided for in the will, or in such way mentioned therein as to show an intention not to make such provision. Other evidence to rebut the presumption of revocation may not be received. § 85. Revocation by marriage and birth of issue or adoption of children If a person marries after making a will and has issue of the marriage, or marries after making a will and, with his or her spouse, legally adopts a child or children, and any of the issue of the marriage, |