The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1874-05-16
@it and 8umor.
HUMORs OF THE Law.
a PHYSICIANS srORY ABOUT DECISION OF
DOUBTFUL AUTHORITY.

journal, purporting to be an opinion OF
surrogate Of one Of the northern counties
of New York, and written by distinguish
ed lawyer Of that State, is iine specimen
of genuine humor
Before Peter O. G. Shortman, surrogate.
In the matter of approving the last will
and testament Of Titus A. Peep.
Titus A. Peep, Of GreenHat, Hamilton
county, is claimed to have made a will,
whereby he devised to one John Smith
property to the amount Of $4,000, con
sisting Of water-lots in Maumee City.
Smith comes before the surrogate to prove
the will and demand the property devised.
Counsel opposing probate show
/. That Titus A. Peep, the testator, is
still living, and in proof of this Peep him
self is produced in court, and tcsti6es that
ho is not dead
2. That the title to che water-lots was
never in said Peep and that he never had,
or pretended to have, any manner Of claim
to said lots.
B. That the signature to said will is u
forgery and
4. That there are no witnesses to the
will.
The questions before the surrogate,
therefore, are
i. Whether the will can be admitted to
probate during the life Of testator?
2. Whether the devise of real estate
never owned by the testator is valid, and
sufficient to pass the title.
3. Whether the fact that the signature
is forged constitutes any objection 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 ofgreat
antiquity. Indeed, this method Of dispos-
ing of ones acquisitions is coeval with the
existence of the human race. Wills arr
still extant being preserved in the British
Museum--see catalogue ofthat institution
which are said to have been transmitted
from the most ancient nations. These in
struments were very com mon among the
antidiluvians. Indeed, Blackstone re
marks that there is an example of will
in the book Of Genesis--and Blaekstone's
authority on that point must be held de,
cisive. 1t is to be regretted that the man.
uscript is lost, but probably the will o.
Adam is referred to by the learned com.
mentator.
Wills are also known to have existed
among the FIRST settlers in Scandinavia
Assyria, Greece aud Rome. Indeed, the
word itself may be traced directly to tht
Latin tongue It is derived from rolo
Sic roto, SIC .juJeo, stet pro ratione rOiin
fas, as Nero remarks in the Pandects
Ny Lord Coke, in his Institutes, which il
a work Of high authority, uses the phras.
willy-nilly, which he derives from shin
and doll" or "namby pamby." DR.. John
son made some observations on this sub
ject, but as this court does not attach mucl
weight to his authority, it is not deemed
advisable to quote them. (See his works
London, ed, qunrto.) Webster's defini
ton of this word should be consulted b,
all who are desirous Of understanding III
precise meaning. (See his great diction
airy of the English language, which con
tains 10000 moro words than any similar
work In England the time is not known
to me at all events, when testamentary in
struments were not recognized. Impor
iant changes have been made, however
from time to time, ia that kingdom, on a
variety Of subjects. (See Humes History
of England, volume lst to last, inclusive.
1t is a question much discussed among
jurists and naturalists whether testamen,
tary bequests be civil or natural right
think there is much to be said on botl
sides of this question. Ii is certainly 1
very civil proceeding towards those I,
whom the testator bequeaths his property
and in this great and glorious Republic W,
all hold it to be natural right for ever
man, and more especially fss every FIRE,
man, to do as he d--n pleascs both as t
deyising and inheriting property. (Ses
Declaration Of Independence, passim.)
N. B.--I use the word d--n not as 1
court, but as an individual
As has been before intimated, every mar
can make will who has disposition L
do SO. And can find no authority fol
requiring that the testator should possess
anything to bequeath. This would, in
deed, be making distinction between tn,
rich and the poor, which would be odious
to every friend Of freedom and equality
tSee Jeferson's Manual, vol. o. Tho
Almighty has not, indeed, given to al
alike in the matter Of worldly substance
but the glorious privilege Of leaving to hi.
friends whatever he is obliged to leave be
hind him belongs certainly to every tesla.
tor. The following maxim is quoted from
a writer of great weight and authority, and
is clearly in point,
Il am monarch 81 all survey,
Ny right there Is none % dispute"
r.. Cruso's Digest, vol. 7, page $3.50
By right, here Mr. Cruso unquestioua.
bly, means the right of making wills,
whether man has anything to give orpot
We are next to consider what degree Of
capacity is requisite 10 make win. As
has been well remarked BY vattel, puffcn-