A Nuncupative Will

A nuncupative will or verbal will is sometimes called a death bed will. A person who is too sick to execute a written will and is not expected to live, may give instructions orally for distribution of personal property in front of witnesses who are then required to immediately write the words down and report such will to the Probate court judge.  Now these types of wills are not valid in Illinois.  However, one such will was offered for probate February 24, 1828, in Lawrence County Illinois.

Samuel Lanieve in his last sickness stated he willed that his wife Catherine Lanieve should have all his personal estate. His words were witnessed by James Bryan and Hannah Bryan who testified before Judge J M McLean that same day.  (It is assumed that Samuel died that same day.)

Samuel Harris and James Baird appeared also before the judge and testified that the foregoing nuncupative will of Samuel Lenieve was committed to writing within ten days after the death of the testator.