The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-02-26
uumors OF tho Lava fifs'-e''"s
S,orx about a Decision OF Doubtful
Authority.


The following. from the Albany Lao
journal, purporting to be an oplnao: VI o .
s,rroyate Of one of the northern couhties o,
New YORK, and written by q distinguished
1.wrer of that State, is fine specimen OF
genuine humor:
BEFORE Peter @. c.. shortman, surrogate ;
In the matter of approving the last Will ana
testament of Titus a. Peep.
Titps A. Peep, of Greenfat, Hamilton
county. il claimed to have made Il WIZ,
whereby he devised to one John Smith pro-
nerty 10 the amount OF $4,000, consisting OF
1Tnrer.lots in Maumee City. Smith comes
before the surrogate TO prove Inc VIII anu
demand tie property devised. Counsel OPP
posing probate show: am
/. That Titus A. Peep, the testator. is still
living, and In proof CT this Peep himself Is
produced in court, and testihes that he Is not
dead.
9. That the title to the water-lots was
never in said Peep, and that he never bad,
or pretended TO have, any manner OF claim
TO said lots. .
forgery; and -,
4. That there are no witnesses to the will.
The questions before the surrogate, there
fore, are:
l.
probate during the life of the testator?
2. Whether the devise Of real estate never
owned By the testator is valid, and sufficient
10 pass the title.
8. Whether the fact that the signature is
forged constitutes any objection to the valid
1ty Of the will.
4. Whether 1t is indispensable that the
will should be witnessed.
OPINION or TIE SURROGATE.
The devise of property BY will is of great
antiquity. Indeed, this method Of dlspoSlDs
of ones acquisitions is coeval with the eX-
istence of the human race. Wills are still
extant (beipg preserved in the British Mu-
se1,m-see catalogue of that instltutlon)
which are said to bave been transmitted from
the most ancient nations. These instruments
were very common among the antediluyians.
Indeed. Blackstone remarks that there is aD
example of will in the book of Genesis
and Blackstope's authority on that point
must be held decisive. 1t is 10 be regretted
that the manuscript is lost, but probably the
will OF Adam is referred to by the learned
commentator.
Wills are also known to have existed
among the first settlers in Scandinavia, AS
syria, Greece, and Rome. Indeed. the word
itself may be traced directly to the Latin
tongue. 1t is derived from rolo. 9 SIC Uoto,
sic jube0, stet pro rahone roluntdS," as Nero
remarks In the Pandects. My Lord Coke,
in his Institutes, which is O work Of high
authority, uses the phrase Willy-nilly, which
he derives from "nim and doll " or mandy
pamby" DR.. johnson made some obSerVa-
lions on this subject, but as this court does
not attach much weight to his authority, it
Is not deemed advisable TO quote them. (Sce
his works, London ed, quarto) Web
ster's definition OF this word should be con-
suited by all who are DESTROYS Of under
standing its precise meaning. (See his
great dictionary of the English k,uguage,
which contains 10000 more words than
any similar work.) In England the time is
not known, to me at all events, iw men testa-
mentary instruments were not recognized.
Important changes have been made, how
ever, from time to time, in that kingdom, on
a variety OF subjects. (See Hume's History
of England, volume 1st to last, inclusiye.)
It is question much discussed among iu.
rists and naturaists whether testamentary
beouests be civil or natural right. think
there is much to be said on both sides OF this
question. II is certainly very civil pro-
ceediug toward those to whom the testator
beuucaths his property; and in this great
and glorious Republic we all hold it to
be a natural right for every man, and
more especially for every free man, to
do as he d-n pleases both as to de-
vising and inheriting property. (See
Declaration of Independence, passim.)
n. B.-I use the word d-n not rs
court, but as an individual.
AS has been before minated, every man
can make will who has disposition to do
SO. And 1 can find no authority for reauir-
ing that the testator should possess anything
to bequeath. This would, indeed, be making
Adistinction between the rich and the poor,
which would be odious to every friend OF
freedom and equality. (See Jeferson's Man
nal, vol. 81 The Almighty has not, indeed
given to all alike in the matter of worldly
substance, but the glorious privilege Of leav'
ing TO bis friends whatever he is obliged tt
leave behind him belongs certainly to every
testator. The following maxim is quotee
from writer OF great weight and authority
and is clearly In point:
liam mon uch OF all survey,
nv right there Is none 10 dispute"
{R. Cruso's Digest, vol. Z, page $685.
By right, here Mr.. Cruso unquestiOnably
means the right Of making wills, whether ;
man has ANYTHING To give or not