The Volcano lubricator. (Volcano, W. Va.) 1871-1879, 1874-03-19
Humors of the LAVA First Glass
Story about a Decision of Doubt
fil Authority.

The following, from the Albany
Law Joarhal, purporting to be an
opinion or a Surrogate Of one OF the
northern counties Of New York, and
written by 4 distinguished lawyer oi
that State, is fine specimen ofgenuine
humoT.
Before Peter Q. c. shortmah, sur
rogate: In the matter Of approving
the last will and testament of Titus A
Peep.
Titus A. Peep, of Greenffat, Hathfl.
ton county, is claimed to have made
will, whereby he devised to one John
Smith property to the amount Of $2o,,
900, consisting Of water-lots in Man'
NEE City. Smith COMES before the
surrogate to prove the will and demand
the properly devised. Counsel opfos-
ing probate show:
I. That Titus A. Peep, the testator
is still living, and in proof Of this Peep
himself is produced in court, and testi-
fes that he is not dead.
2. That the title to the water-lots
was never in said Peep, and that he ne
yer had or pretended to have, any
manner Of claim to said lots.
3. That the signature to said will is
a forgery; and.
d. That there are no witnesses to the
will.
The questions before the surrogate
therefore, are:
1. Whether the will can be admitted
to probate during the life Of the testa-
tor?
2. Whether the devise Of real estate
never owned by the testator is valid,
and sufficient to pass the title.
Z. Whether the fact that the sigma
ture is forged constitutes anyIobjection
to the validity Of the will.
4. Whether it is indispensable that
the will should be witnessed.
OPINION OF THE SURROGATE.
The devise Of property by will is oi
great antiquity. Indeed, this method
of disposing Of ones acquisitions is
coeval with the existence OF the human
race. Wills are still extant (being pre-.
Served in the British Museum-see
catalogue of that institution9 whicl,
are said TO have been transmitted from
the most ancient nations. These
instruments were very common among
the antediluvians. Indeed, Blackstone
remarks that there is an example Of q
will in the book OF Genesis-and Black
stones authority on that point must be
held decisive. 1t is to be regretted
that the manuscript is lost, but proba'
bly, the will CT Adam is referred to by
the learned commentator.
Wills are also known to hav: exis.
ted among the FIRST settlers in Scandi'
navia, Ass ria, Greece, and Rome
Indeed, the word itself may be traced
directly to the Latin tongue. 1t is de.
rived from colo. "Sfc v0lO, sic jH6eo
stet PRO ratiOne volnntaS," as Nero re-
marks in the Pandects. My Lord
Coke, in his Institutes, which is a
work Of high authority, use the phrase
willy -nilly, which he derived from
"nim and doll" or "namby pamby."-
DR., Johnson made some observations
on this subj ect, but as this court does
not attach much weight to his author
ty, it is not deemed advisable to quote
them. (See his works, lLondon ed.,
auarto,) Webster's definition OF this
word should be consulted by all who
are desirous of understanding its pre-.
else meaning. (See his great diction-
airy Of the English language, which
contains 10000 more words than any
similar work. In England the time
is not known, to me at all events, when
testanentary instruments were not re-
cognized. Important changes have
been made, however, from time to time,
in that kingdom, on variety of sub
jects. (See Hume's History of Eng
land, volume Ist to last, incluSive.). II
is 4 question much discussed among
iurists and naturalists whether testa-
mentary bequests be civil or natural
right. l think there is much to be
said on both sides Of this question. 1t
is certainly q very civil proceeding to-
ward those to whom the testator be-
queaths his property; and in this great
and glorious Republic we all hold it to
be a natural right for every man, and