Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-10-01
JOHN X CUSHING.
mark.
Witness TIMOTHY J. COLLINS.
PATRICK b BARRETT.
mark.
her
Mrs. y MURPHY.
Witness

Mrs: 4 MURPHY.
The instrument must evince that it is win,
not deed or a memorandum. But no particu-
lar form of doing this is required; any simple
heading from which common sense men can see
that will was intended Is enough. DO not in
sert mere suggestions or requests. Write these
In q separate letter or memorandum for your
family to read; there Is no need that they should
go upon the SurrOgate's records. The proper
contents of will are gifts of property and di-
rectiOns appointing an executor or sometimes q
guardian. If you desire to say, my wife shall
remains my widow" or 100000 to my
son, provided he signs the pledge and keeps it
two years" the law allows you to do so, and the
will is the proper place, for these are conditions
upon gifts. There is no use or sense In saying
in ones will, 81 hope my wife will not marry
again." or, 81 entreat my son to reform his
habits" Quite lately lawsuit was carried to
the court of appeals because q testatOr wrote in
effect give all my property to my wife, only
requesting her at the close of her life to make
children. The children claimed that the widow
must keep the bulk of the property for them.
But the court said; Not SO; that is only her
husbands request; she can comply or not
These requests in wills often cause expensive
suits
If you wish to make gifts for benevolent or
religious purposes, you probably need to consult
skllful lawyer, unless you are satisfied to give
money to some society or church already incor-
pOrated. To draw bequest which contemplates
founding new institution or providing an en-
dOwment for new trust is difficult. Any one
can draw gift of money outright to a society;
the main thing needful to be known is the So
ciety's accurate name. Most Of the societies
publish a printed form. But it is usefulto know
that several of the states have, by recent laws,
restricted these gifts. Thus, by New York laws
"no person having husband, wife, child OF pa
rent" can give more than half of his estate after
paying debts "tO any benevolent, charitable
literary, scientific, religious or missionary So
containing any such bequest must have been
made with perhaps an exception of requests to
societies having special charters) at least two
months before testatOr's death.
The will having been written, it must be SUBJ
scribed and witnessed with some care. Two
New York being One;) in few, three are re-
quired. To avoid objections, choose grown
persons of good health and character, who can
have no interest in the property. either under
sometimes pursued, in which the person who is
to make the will visits first one witness and
afterward another, Is unsafe; the better way
| is for the testatOr and witnesses to meet to-
gether. Let the witnesses see the testator
sign. 1t may be allowable in law for him to
sign when alone and acknowledge" his sig
| nature to them, (this is allowed in New York: J
but they are more likely to remember and to tes-
lily explicitly II they see the signing. His name
| should be signed at the very end Of the will. II
he does not know how to write he may sign by
| mark, as was done in the st. Louis will, copied
above, and so may any witness. In most of the
states, testatOr's name may be written for him
by another person in his presence and by his ex-
press direction; but thismode should be adopted
only when special reasons require. There is no
need that the witnesses should know what be-
quests the will contains, but they must be told
that the instrument is a will. Asking them to
witness ''this paper" is not enough. The proper
way is for the testator himself to say distinctly
81 declare this paper to be my last will and tes-
| lament, and request you to witness it as SUCH"
Something equivalent to his saying this must
take place.
After the testator has signed and made this
declaration and request, the witnesses must sign
their names below his upon the paper, and Ito
escape a penalty of $50 they should add their
residences. 1t is usual and proper to write be-
meath testatOr's signature q brief certificate:
that the witnesses saw the testator sign the pa
per, and heard him say it was his WILL and have
signed their names as witnesses by his request;
and for the witnesses to sign underneath this.
The rules here given for signing are those which
are prescribed by law in New York state; also in
Arkansas, Colorado and New Jersey. In other
states the directions are even simpler. But q
will executed In the manner above described
anywhere in the United States (unless, perhaps,
Louisiana is an e1ception) is vaid.-M. 7. Times.