The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-12-03
SOME NEW BOOKS.


gers for the unprofessional reader since a super
ncial familiarity with a specific art or science Ia
ant to shut the ewes to the principle OF the divi
sion OF labor, and the consequences OF It's ex
haustivo application In modern society II Ia to
be hoped that pleasant little hook uriOSfti,e
and Lam Of wis, by JoHN PRofATT-will lead
no one to forogo the services OF solicitor In the
matter Of his own last will and testament. We
fear such n course Is not calculated to further
the economical intent OF tho teststOr, but to
throw much larger feee into the hands Of the
legal fraternity TIL would be exacted for the
preparation of the instrument.
Regarded az a prufe ssioual manual this volume
has substantial value. The history OF testament
tary disposition is quite thoroughly yet succinct
" reviewed, and the present state Of the law as
we'll In England as IN this country distinctly out
lined. IL H., however, ON moro general grounds
that we would direct attention to Mt. PrOfatts
book. The writer says, with truth, that perhaps
nothing throws more veraeious and penetrat-
ing light on human nature than wills, rejecting,
az they are apt to do, the characteristic notions.
ecceutricitee, aud rreiudices OF the makers.
From this point OF view II may be not uninter-
estlne TO note some OF the curious instruments
which he has here collected.
From one or two OF these documents II would
appear that the recollection Of domestic jars
has at times so ranked 10 mans mind that he
has resolved. In his will at all events, to compass
the last word aud thus wrest from bls spouse n
privilege heretofore inalienable. The follow
ing language used by an individual no died In
London In 1891 betrays a spirit OF sullcn, desper-
ate protest against long continued feminine op-
preston. "sceng,' Gays the testator, THAT
have had the misfortune to be married to the
aforesaid Elizabeth, who, ever since our union,
hath tormented me In every possible way; that
not content with making game Of my romon-
strances she hath done all che could to render
my life miserable that heaven indeed seems to
have sent her into the world solely to drive me
out OF IL; that no power ON earth can change
her, seeing we have lived apart during the last
eight years, and that the only result has been
the ruin Of my son whom she has corfu pted aud
estrangc from me, therefore, Weighing mature
" and seriously these circumstances. I bequeath
to NV said wife Ez ibeta the sum OF one shil-
ling, To be paid unto her within ak months after
my decease' In plea Ing contrast with this
confession Of coniugal infeliciiy we may cite
the Parliamentary injunction OF Mr.. Granville
Harcourt died lsfSa). VINO, with sngularly dis
Interested fondness. urges his relict to marry
again. "rhe unspeakabe interest,"" he says.
"wth which constantly regard Lady Halde-
graves future fate induces me to advise her
who may deserve to enjoy the blessing Of her
society during the many years OF her possible
survival after my life" This is a notable IN
stance OF masnanimity, but possibly, consider
ing the sensitive, not to say jealous. disposition
Of the fairer sex It was eclipsed by the will Of
Mrs. Van Hanrigh, proved In England In 1898.
This lady, who had married a young and pre-
sumably handsome husband. could vet ind 1t In
her incompatible heart to say, at Ia also my
earnest wish that my darling husband should
MARY, ere long. nice. pretty girl who Is good
housewife. aud above all to be careful that she
10 OF good temper"
Among the Wills left by historical person ages
10 he mentioned that OF the earl OF Pembroke
who lived during the political urinoils OF the
seventeenth century. II "Hudibras " butler
bad penued the instrument II may be doubted
whether a more shrewd and caustic humor
would have flowed from 1t. Some OF the
clauses run as follows Imprimls a. for my
soul. / do confess have often heard men speak
Of the soul. but what may be these same souls.
or what their destination, God knOweth: for
myself know not. when the King was reign
ing l did make my son wear a surplice then
came the Scotch. who made me Presbyterian,
but since the time OF Cromwell have become
an Independent. These be. methinks, the three
one Of the three can save soul desire they
will return 1t to him who gave IT,. Item: / give
nothing to my l. RI save. and | do make MIN
this legacy willingly because | know that he
will faithfully distribute II unto the poor. Item.
Seeing that l did menace certain Henry
Midway. but dad no; thrash him, do leave the
sum Of 1fty pounds sterling 70 the lacquey that
shall pay unto him my debt. Item: give to
the Northumberland Cromwell one Of my
words. the which he must want, seeing he hatn
never kept one NJ his own" In the same chap
ter Mr.. Profait makes some reference 10 ia far
more interesting testament than Lord Penn
brokes, namely. shakespeare's will executed
VA the 18th Of March, 1915, not quite month
before his death. Tho most remark ble item Ia
the document Is the following - give unto
my wef nv second best bed with the furni
ture." Our author ende iyors u qualify the ap-
parent slur embodied la the above bequest 10y
reminding us that Shakespeare's widow would
unquestionabl, be entitled to her right Of dover
In her husbands realty. Hat why second best
bed Alas. Anne Hathaway
As legal principle of universal application
aperson OF unsonnd MAD Is, Of course, incompe-
tent to make u valid disposition OF his property
Among the leading cases which are adducei to
limit and denne this doctrine two or three are
Thompson agt Quimby, the bulk OF "A large Ca
tate (about 100000 was bequeathed for charita-
bic or religious purposes. The contestants
proved that the testator was a pertinacious be-
lever In the bl ok art. that he was familiar with
disembodied spirits, and could work spells by
form ula or incarnation; that he professed 10
know where Capt Kids treasures were Sc
GREETED at MOntauk Point, ind actually under
took, nv the aid OF a divinng rod. to locate the
exact spot where tbesriches were buried. On
the other side, IL was shown that the deceased
was a shrewd and intelligent man Of business.
clear and arm in his judgments Of anlirs.
The Surrogate held land he was sustained
by the Supreme COurD that there was
nothing Whatever to connect the testators
infatuations with the provisions Of bis viii, and
therefore that instrument could not DO i'm
peached on the ground Of IN onomania or partial
insanity. II IL well known that the will OF Louis
Bonard. devising his estate to Mr. Bergh's So
ccty for the Prevention Of Cruelty to Animals,
was contested on the ground OF insanity. be-
cause the testator was believer in metempsy-
Ghosts. As IL one Of the most eminent, perhaps
the greatest OF drecan philosophers had not
propounded the same doctrine. Here, again.
the Surrogate took the same distinction, and
remarking that there was no testimony to also.
site any precision of the will with particular
belief respecting the future condition Of the