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P. iv., Сн. vi. WILLS OF RUSSIAN SUBJECTS ABROAD, hi
If, by reason of illiteracy or sickness, the testator is incapable of
•signing the will himself, the signature of another person may be
appended at his request ahd in his stead, besides those of the
witnesses ; but such person must possess all the qualifications required
in a witness to the will. With the signature in such a case must be
stated the reason for the testator not signing the will himself, i.e.
whether through illiteracy or sickness.1
When the will is written by some one other than the testator
himself, the signature of the writer must be appended to the document,
in addition to that of the testator, and also the signature of three
witnesses, or at least of two, if a Greek Catholic priest is one of them.
The signature must also show the calling of the testator.
One and the same person cannot validly write the will for the
testator and sign it for him, or act as witness, or as signatory for a
witness, nor can one and the same person sign for the testator and
act as a witness or as signatory for a witness.2
A "domestic will" written throughout in the testator’s own
handwriting, must be signed by two witnesses.3 The witnesses must
certify (i) the authenticity of the will, that is to say, that the person
who presents it is actually the person by whom it was drawn up and
signed ; (2) that when the will was presented to them by the testator
they saw him in person and found him to be of sound disposing mind,
memory and understanding.4
The following persons are prohibited from witnessing wills :—
1. Individuals in whose favour the will is made.
2. Relations of such individuals to the fourth degree of blood
relationship, and to the third degree if there is connection by marriage
if the will is not drawn up either wholly or partly in favour of direct
heirs.
3. Executors and guardians under the terms of the will.
4. Persons who are themselves not legally entitled to make bequests.
5. All individuals who are generally disqualified by law from
acting as witnesses in civil cases.5
A " domestic will" may be kept by the testator himself if he
so prefers, or it may be committed to the charge of the Consul in a
sealed envelope. In the latter case it must be a holograph will with
an inscription on the envelope to the effect that it contains the will
of the person by whom it is presented.® The will ma}r be handed over
by the testator himself or by a person having his authority to do so,
or it may be sent by post. When the will is presented to- him the
Consul makes an entry to that effect in the book containing the records
of wills, describing the form observed in presenting the will to him,
by whom it was presented, when, by what means, &c. The sealed
envelope is tightly bound with cord, sealed with the Consular seal,
and preserved in the Consular archives. To this effect a receipt is
given to the person presenting the will, who must sign his name below
1 Code of Civil Laws, Art. 1053.
3 Ibid., Art. 1051.
5 Ibid., Art. 1057.
2 Ibid., Art. 1048.
4 Ibid., Art. 1049.
6 Cons. Reg., Art. 80.
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