The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1872-01-11
HAVE YOU MADE YOUR WILL {?
BY A LAWYER OF LONG EXPERIENCE

there is fair presumption in a country
like this that you have, it is undoubtedly
a question of interest to you what shall
be done with it when you are gone.-
lou must go at some time, and may 90
very suddenly. At any rate, you will
probably not live nearly as long as you
expect to. If you die without will, the
law will do the best it can in making
just disposition of your property among
your relatives. Perhaps you are satisfied
TO let the law do this for you. Ifso, very
we'll But it is altogether probable that
you have some preference as to the dis
position of your property. You may wish
to bestow some of it in charity. This the
law will not do for you You must see
to it for yourself, or else let it 60 undone;
and, in letting it go undone, you may be
letting very clear duty so undone.-
You may have some child that is feeble
in body or mind, or that has had special
misfortune and needs special considera-
ton. 1t is for you alone to consider this
child. The law knows nothing about its
special wants and cannot provide for them.
You may have no children, and may have
quite choice which among your nephews
and nieces shall take your property. If
SO, you must see to it. The law will not
select Cor you. The rich and the poor,
the deserving and the underserving, will
all take alike. You may have an adopted
daughter whom you have accustomed to
comforts and perhaps luxuries, who will
be left penniless unless you provide for
her. You must remember her, and not
trust to the law to do it. And you may
with sense of justice, recognise the
right of your good wife to a more ample
would give her. If so, it is for you to
thrk of her and provide for her. The
law does not know what a remarkably
good wife she is, and what special claim
she has upon you, and gives her only her
fixed and too limited portion, dividing the
rest, if you have no children, among col
lateral relatives, some of whom perhaps
YOU never saw. Consider well, then,
whether it is not a clear duty to those
whom you love, or to some good objects
that you might aid, for you to make
will.
And now, in the second place, if you
have made by your mind that you ought
to make will, let me say to you most
emphatically, Make it Now. You don't
known how soon you will die. Your on
ly sure way is to attend to the matter at
once. If you put it off from day to day
you will probably never make one. The
fact that so many wills are made by men
on their death beds shows how often per
sons who intended to make a will, and
would be very sorry to die without one,
neglect it till they find themselves Just
about to die. Now, let me give you three
reasons against postponing the making Of
your will till you are fatally sick, either
of which is reason enough of itself: l.
You may never have any such sickness
You may drop down dead, or be killed in
a railroad accident, or be burned up, or
be blown up, or drowned. 2. If you have
leisurely death bed time oft, your mind
will be enfeebled; things that you could
easily have settled by little thought
when you were well, will trouble and per-
plex you, and you will very likely decide
ihcm unwisely and wrongly. 3. Your
will thus made may be contested, and will
really invite parties adversely interested
to contest it, on the ground of your feeble
condition, of hich evidence can be easily
obtained and, as a result your will Is
either set aside, aud all your plans de
feated. or if it is sustained. half your pro
perty may be spent in litigation and
life long family quarrel engendered.
And now, in the third place, if you are
so thoughtful and prudent as to have made
a will another most important matter is to
be considered. Do you keep your will
revised and adapted to new circumstances!
Has your property doubled since the will
was made Then probably you want to
give more to your wife, more to A, more
to 3, moro to the Lord. Consider this
Have you given to one of your children
niece of real estate as his fair share OF
your property and have you since sold
that real estate so that child will get moth
ing uoless your will is changed Look
well to this. The writer, who has had
long experience as lawyer, can recall
MANY cases where moss unfortunate re
suits have followed from the neglect to
keep a will in order. Everybody has
heard of the Washburn will case. After
the will was made by which Mr. W., had
made ample provision for his cherished
wife ia certain valuable stock, the stock
was so changed in form as not to answer
the description of the will, aad long
still pending controversy has grown out
| of it.
Aad now, ia the fourth place, let me
say word to you about what provision
you should make for your wife. The
laws of the difereut States very some
what, but as general rule, give window
a life use of one third of the land owned
by the husband, aud an absolute right to
one third of the personal property left af-
ter the payment of debts This rule, IN
der the impression that it is just one