§ 33-5-2 - Testamentary capacity – Property subject to will.
SECTION 33-5-2
§ 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 bythis chapter, all real estate and all personal estate, which he or she shall beentitled to either at law or in equity at the time of his or her death andwhich, if not so devised, bequeathed or disposed of, would devolve upon theheir at law, or upon his or her executor or administrator, but not including anestate tail. The power hereby given shall extend to all real estate, includingall estate per autre vie, and all estates, whether they shall be freehold or ofany other tenure, and all estates, whether they shall be corporeal orincorporeal hereditaments, and also to all contingent, executor, or otherfuture interests, in any real or personal estate, whether the testator may ormay not be ascertained as the person or one of the persons in whom the estatesrespectively may become vested, and whether he or she may become entitledthereto under the instrument by which the estates respectively were created, orunder any disposition thereof by deed or will, and also to all rights of entryfor conditions broken and other rights of entry, and also to such of the sameestates, 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 tothe execution of his or her will.