Among the nine nuncupative will jurisdictions, see supra note 272, this requirement persists in two: Miss, and N.
Term 1867) ("[I]n order to constitute a good donatio mortis causa, it was not necessary that the donor should be in such extremity as is required to give effect to a nuncupative will.
A century and a half later, the statutory provision for nuncupative wills disappeared in England.
As of 2014, nine states permit testators to make nuncupative wills while in extremis, still cabined by limitations and requirements dating back to 1677.
Statutes validating nuncupative wills have waned relentlessly, making testamentary transfers near death more difficult to formalize.
Today, only nine states allow witnessed nuncupative wills for any testator near death, typically with a variety of other restrictions, (299) whereas thirty-two states now allow a surviving party to prove even an unwitnessed contract formed near death, and without any additional safeguards.
Earlier, we noted academic criticism of nuncupative wills as inviting "fraud and perjury.