The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1865-10-19
Something Abopt Wills.

mosest ages of the world. Amongst the
Jews the descent of property was con-
trolled by fixed laws, but it was neverthe-
less, the custom of the head of the fami-
ly, on his h-bed, to express his wish
es in the presence of witnesses and Of his
heirs. The practice was also universally
observed by the Greeks and Romans, and
other cotemporary nations. Solon intro
duced written wills into Athens, and the
same we're required by the Roman law.
TO Mohomedans they are enjoined by the
Koran. They were in use among the
barbarians of the North at a very early
period and it is certain that the Mexi-
cans observed the custom prior to their
subjugation by the Spaniards. Wills
made by the British kings are recorded
as far back as the time of Edward the
Confessor The laws relating to wills va
ry in different countries. A writer on
the subject thus defines the Law in Eng
land and the United States
BY the English law the testator must
be over 2l years of age, and neither lu-
natic nor an idiot, nor deaf nor dumb, nor
drunk at the time of signing, nor an out
law, nor an upardoned felon. All wills
must be in writing, except those of SOL
diers in actual service, apd mariners at
sea-which may be nuncupative or oral
All kinds of property may be devised, and
the will must be signed by the testator,
or by his direction, in the presence of
each other. A woman cannot be an at
testing witness; all devises and gifts by
will to witness are void and a will
is revoked by the marriage Of the testa-
tor. A married woman can only bequeath
her pin money or separate maintenance,
without the consent of her husband and
an Office has been opened for the recep-
tion and safe keeping of the wills Of
living persons.
"The common law, as we'll as the bear
ings of the English statutes, are various
ly modified in the different States of A
merica. A married woman cannot by
common law make any will whatever-a
remnant of the feudal system which mer-
ged the rights and almost the existence of
the wife in that of the husband Bat
this rule has of late years received much
modification in England, and much more
in many Of our States. In several, her
common law disability remains unchanged;
in most, it is diminished, by permitting
her to exert some power of disposition O.
yer her property; in many the assent Of
the husband is necessary to the validity
of her will while in Illinois and Connec-
ticut it would seem as if the rule of the
Roman civil law were adopted, and a mar
ried woman had the same power Of ma
king will as if she were femme sole.
The laws of Louisiana, copied from the
French code, prohibit parent from dis
inheriting his childrep, but in all the 9TH
er States he has the power to do So"
We may add that the laws of Mary
land, which secure to wife her separate
property, if she so desire, as a matter of
course, allow her to will it as she may
think best, and without will it descends
to her children, if she have any.
Some curious and interesting wills are
to be found in the records Of the past
The Countess of Northampton left to the
Friar's Church, "a cross made Of the We
very wood Of our Saviour's cross" and
the Earl of Huntington directed that his
his heart should be preserved in spices.
Dame Alice Wyche, widow of the Lord
Mayor of London, set an example of SEN
sible charity. She bequeathed "92OO to
poor diligent laborers in poor villages to
100 poor householdcrs a COW, and IL shil-
lings aud pence each, with 3 ewes; and
for the marriage of poor maidens Of good
conversation, 9100." Michael Angelo,
the great painter, made his will in these
words: "My soul | resign to God; my
body to the earth; and my worldly pos
sessions to my nearest relations"
Pope directed that his body should be
carried to the grave by the six poorest
men in the parish, each of whom should
receive suit of coarse gray clothing
Dean swift gave the most of his property
to endow lunatic asylum in Dublin, and
DR.. johnson the bulk of his to negro
servant, Francis Barber. Washington's
will was signed at the bottom Of each
page and was prepared with that scrupu-
lous care and exactitude which distin-
guished every act of his life. The will
of Napolean has always been regarded as
stigma on his character. lie bequeath-
ed ten thousand francs to the man who
was suspected of design to assassinate
the Duke of Wellington. He expressed
the opinion that she had as much right
to assassinate that oligarch as the latter
had to send me to perish en- the Island
of St. Helena" The learned DR.. John
Collins Warren of Boston made will
1856 directing that,
"After the funeral solemnlties, IN the
full and proper form of the Episcopal
Church. that his body be removed to the
Medical College for dissection; his skel-
eton to be preserved, whitened, aud pla-
ced in the lecture room, near his Busti !;
affording lesson useful to morality aud
science : earnestly hoping that his family
would lay aside any natural feeling of op-
position to this, his last request, consider
ing that it was for the interest of human