The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1827-12-05
FOR THE MASSACHUSETTS SPY.
ON WILLS AND TEsTAMENTs

ON WILLS AND TESTAMENTS
At the last session of our I.epislatnra d, hi,
was presented to the Senate. and nv the., o.
| dered to be printed before it became q Law
making some further provisions in the distri-
button of estates by last will and testament
AS TINS bull will be duly considered by the com.
petent authority, we will not at this time en-
ter INTO any discussion of its details probably
they would be considered as inexpedent by
/ large majority OF our fellow citizens Perhans
any further Legislative enactnlents would he
viewed as an understandable interference with
one OF our anGhend6ie rights, that of ACQUIRING
and disPoslng OF property at the pleasure Of
each citizen. Under the existing laws mani
Test injustice, as well as enormous wickedness
| 1t is believed, is too often done; and. to nro.
tect our friends and neighbors from thus I" sin
ning IN their graves, it is thought the public
attention should be awakened upon this subject.
We have no objection to see our public in.
stitutions better endowed, nor our charities
more Literally supplied, nor should any one be
censured IN providing for his children perma
merit establishments, to enable them bonorablv
to sustain the reputation of their families. and
the standing Of their ancestors These are all
praise worthy deeds but they should meyer
be obtained at the sacrifice of Justice equity.
and the future peace of families. That these
great principles have been often violated tho
/
quently attest, and the history of almost every
village bears fearful testimony to the fart
1t IS believed that attentions amonr brethren.
and a severing of those peculiar ties that con-
meet near relations together, can be traced
more frequently to this cause than to any 9th.
er. The perncious consequences. that follow
the dissolution Of these tender relations naed
mol De depicted, Tor awful examples are around
US OF every side. 1t is the balefil mildevy Thai
biiplts the virtuns of fba
the great moral disease Of our body politIc
from whence springs that dire array of angry
passions, which are continually disturbinO the
quiet OF neIghbOThoods and Introducing mar
ties OF the worst character into the cop9m,,ni
ty. We would not be understood as in,plving
a censure upon any body Of men. or of dimin
ishlng the influence of any one who is STRIVING
TO increase any OF our public funds So far as
they proceed with fairness and honesty. we
wish them God speed We allude more mar
tlcuiarly TO an influence of u different and more
malignant character. The undue solicitations
OF near connexions and family friends over
diseased or naturally debtated relative. TO in
duce HIM to an arrangement of his will in a
manner that would be dsapproved by his iudr-
nent when IN the vigor of health and the full
/ possession of his faculties There are those
that nature and necessity compels us to draw
around our dying beds, and in whom we are
Obliged to confde 1t is difficult in the hour
OF 4angulshment to shut the ears to the SLAM
derous reports about one child, or 10 the undue
praises OF another. Preiudices are thus Great
ed IN the mind
The consequences of indulcino favoritism
lof child arc strongly depicted in the history
oi almost every family, from the time of the
coat OF many colors,' to our own day; and its
pernicious policy is never more manifest. than
IN It's influence upon parents in the distribution
OF their property. Every DAVIS experience
shews US, that unmerited bounty never creates
reverence or respect for the ancestor il, The
bosom OF the pampered object of his u,isnlaced
affections, nor is it apt to inspire STRONGER in
ducements to industry, economy. or orternr,ga
IN the enid, On the contrary, its most bsual
eHect' next 70 an estrangement of all the be-
nevolent feelings and fraternaI svmnatb;es i;
contempt Tor the memory of the mistaken
father, even to disregard of his trifIing wish
es, MS solemn lnJunctions, and in many cases
TO neglect OF that usual token of respect. The
placing stone to mark the spot where his
uesecrated ashes are deposited the estates
that were intended to perpetuate the name and
generosity OF the donor, are suffered to decay.
Or be wasted III expensive litigation, and. either
III rlotous dissipation or sullen misanthropv.
the miserable legatee drags out a wretched X
Now the object Of this communication is to
suggest few plain rules to guard against this
cIre1ul tram of calamltes
J.. Every man, whose estate is such as wonld
be distributed by the standing laws resnectinr
lntestates, IN manner not TO do perfect ius
tice in his family, should instantly set about
arranging his will. He should perform tbis
DUTY III the same manner as he transacts other
important concerns when in active life :.
when the mind and body are in their full
strength and vIgor, before are or sickness have
debihtated his frame, or weakened his faculties.
and particularly before he arrives to that mel
ancholy period called second childhood, when
he might DC moved by the solicitations of e.,
vorites, and be brought to indulge unwarrant-
able anupathies against his own children.
:. Inc testator should ask the advice or ne.
sislanco OF none but those of (. If and unpreiu-
diced minds, OF men who possess sufficient in
tellgence to enable them to take fair and ey.
tensive survey of all the circumstances of The
family, whose interests are to be concluded nv
the transaction, and of men who possess suffi
Gent independence and candor freely to express
their opinions upon the subject The scribe
should be made thoroughly acquainted with
the subject, that the fair intentions of the les
tator should be clearly understood, and carried
INTO full effect.
3. The law permits the subscribing Witness
es to be judges in the first instance, as 10 the
powers OF the testator's mind, and particular
y at the moment he executes the will They
should, therefore, be men of stability, and of
an elevated standing in the neghborhood.-
Should men Of weak understandings, or such
us are debtors to the estate, or to any of the
principal legatees, be called to this important
trust, It's tendency is to cast suspicion upon
the transaction.
A. As to the mode of distribution, the only
general rule, that can be laid down, is. to recol-
lect the implied claims of the respective mem
bers of the family, and to do unto all men, as
you 'could hare them, in an exchange Of cir
curnstances, DO 'Rto you r.