Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1875-03-27
Hunogs Of the Law.
a First-class Story about DECISION
of Doubtful Authority.


The following from the Lac Journal, pur-
porting to be an opinion Of a surrogate o! one
of the northern counties Of New York, and
written by distinguished lawyer OF that
State. is fine specimen Of genuine hum'r:
Before Peter Q. C. Shortman, surrogate;
In the matter of approving the last will aud
testament Of Titus a. Peep.
Titus A. Peep, of Grcenfat, Himilton
county, is claimed to have made will, where
by be devised to oue John Smith property to
the amount Of $4,000 consisting of water
lots in Manmee City. Smith comes before the
surrogate to prove the will and demands the
property devised. Counsel opposing probate
show:
/. That Titus A. Peep, the testa;or, is still
living, and IN proof of :bis Peep himself is
produced in court, and tes;iies that he is not
dead.
>. That the title to the water lois was never
in said Peep, aud he never had, or pretended
to have any manner of claim to said lots.
8. That the signature TO said will is for
gerry and
4. That there is no witness to the will.
The questions before the surrogate, there
fore, are:
/. Whether tho will can be admitted to
probate during the life Of the ,csiator2
.. Whether the devise of real estate never
owned by the testator is valid, and sufficient
to psss 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 viii is Of great
antiquity. Indeed, this method Of disposIns
of ones acquisitions is coeval With the exist
ance Of the human race. Wills are still ex-
tant tboiug preserved in the British Museum
see catalogue of that institution which are
said TO have been transmitted from the most
ancient nations. These instruments were very
common among the Autedluviaus. Indeed
Blackstone remarks that there is an example
OF a will in the book of Genesis-and Black
stones authority on that point must be held
decisive. 1t is to be regretted that the man
uscript is lost, but probably the will of Adam
is referred to by the learned commentator.
Wills are also known to have existed amoni
the first settlers 10 Scandinavia, Assyria
Greece and Rome Indeed, the world itseI
may be traced directly to thc Latin tongue
Il is derived from, rolo Sic uolo jHbco ste
pro rdiione uol,nt1s' as Nero remarks in th'
Pandccts. Ny Lord CIke, in his Institutes
which is work Of high authority, uses th
phrase willy-uilly, wHich be derives from
uim aud doll" or namby pamby.' DR.
Johnson made some observations on this sub
icct. but as the court does not attach muci
weight to bis authority, i, is not deemed ad
yisable 10 quote them .-tS See his works, Lon
don ed, quarto] Webstcr's definition Of thl
word should be consulted by all who are De
sirious Of understanding its precise meaning
/ lSee his great dictionary Of the English Ian
/ euage. which confirms 10000 more word
than any similar work. In England tn
time is not known. to me at all events, whe'
testamentary instruments were not recognized
/ Important changes have been made. however
/ from time 10 time in that kingdom, on a va
riety Of subjects. lSee IIume's history q
England, volume 1st 10 last, inclusiye.l Il !
question much discussed among jurists an
naturalists whether testamen;ary bequesis b
civil or natural right. think there
much to be said on both sides Of this question
It is certainly very civil proceeding towar'
those to whom the testator beqnealhs hi
property and in this great aud glorious lie
public we all hold IL to be n natural right f.
every free man to do as he d-n pleases hotl
as 70 devisiug and inheriting property. lSe
Declaration Of Independence, passiml
N.B.-I use the wofd d-n no, as court
but as an individual.
As has been before intima,ed, every mar
can make will who has disposition TO Dc
So And can End no authority for requir'
ing that the testator should possess anything
to beoueath. This would, indeed, be making
distinction between tho rich aud poor. which
would be very odious 10 every TREND of free
dom and equality. Sce JeGerson's manual
vol. o. The Almighty has not, indeed, given
10 all alike in the matter Of worldly substance
but the glorious privilege Of leaving TO be
friends whatever be is obliged to leave bchind
him, belongs certainly to every testator. The
following maxim is quoted from a writer oi
great weigh; and authority, aud is clearly to
the point:
al am monarch Of all survey,
Ny right there is none d dispute
m. Crusoe's Digest, vol 7, page S53
By right here, Mr. Crusoe unquestionably
means the right Of making wills, whether a
man has auything to give or not
We arc next 20 consider what degree Of ca
1T, :; ,-,,;s;,o IN make will A has