Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1882-03-21
QUEER WILLS.
CURIOUS MISTAKES OF CARELESS TESLA
TORS.
CASES IN WHICH LAWYERS AID Is NEEDED
New York Tribunc.l

4
The Journals Of year past have men
toned an extraordinary number OF queer
or contested wills. Are people becoming
more disposed to draw their own wills,
without employing lawyers? There Is no
reason why any one should not draw
will who has fair business-like ability to
write out the gifts. Common sense sug'
gests that the paper ought to be headed as
will. And it Is not difficult to learn by
inquiry how many witnesses are required
in the particular State; this, by the way,
il the State where the testator resides al
his DEATH will drawn for man on q
tourney should follow the law of the State
where he has his home. Neither bad gram
mar nor misspelling in the body OF u Will
yitiates it; II the Judges can understand
what the paper means, they will order that
done. Wills having nearly every impor-
tant word misspelled and almost destitute
of punctuation have been accepted. Maine
papers say that Court has lately tsken
proof of a will made in pantomine 10y man
who was deaf and dumb, and could not
write or use the manual alphabet. But
mistakes which obscure the meaning make
Trouble. story last summer was that
| r..
own will, meant TO leave $1,000 To seven
churches. G., 81, 900 apiece-but in copy
ing his rough draft he inadvertently IN
serted the word leach, giving the church
es 81, 900, or $40, 600 in all. The general
rule as TO mistakes is that IL the will Is
lucid and ineligible, and can be carried
| into effect rs 1t reads, this must be done ;
the language cannot be altered because
witnesses say that the testator meant
something different from what he wrote.
But if what is written cannot he performed,
the Courts will then take proof OF what the
man meant TO write.
Curious conditions are sometimes i'm
posed one testator declared In his VIII!
that If any lcga;ee should attempt 10 break
IL he should be dcbarrcd from all share.
Another cut off any heir who should wear
moustaches, Another said that each Legal
tee must take the pledge before receiving
his share. and should forfeit half years
income for every breach of II. Another
left TO his family physician t2,ooD II the
t,stator should live two years, or $4,000 II
he should live dive; but uuluchily for the
doctor, the patient livch Only a week.
whether conditions ot this Mad are opcr-
ative depends on the circumstances II
! thew lucid aud practicable the Courts VIII
enforce them, but many are so expressed
| that they amount TO nothing. II you wish
that your legatee should not receive the
property unless he complies with condt-
| lion, say so plainly IN the Will, aud The
condition, II not contrary 10 law, Will pro-
bahly be enforced. But 10 make him give
back the legacy because OF breaking the
condition after II has been paid may not
be so easy. And do not mention your re-
quests at all In the will (but write them III
A letter separately unless you mean that,
II they are not obcyed, the legacy shall b,
forfeited. Requests which are not per
emptory conditions often make lrouJlc.
When Heller, the magician, died he be
aucathed his apparatus 10 be destroyed
! In some instances a tcstatOr has dirccte,
that fayOrite horse or other pet shoulI
be Killed, " lest il fall into unkind hands.
IL is doubtful whether Court would CON
pel an executor 10 destroy properly oe
cause the will So desired; wills are allpwc'
for giving ones property; that useful az.
mails or articles should Toe DESTROYED J. ~"
for pubhC benefit. Directions given in
viii as To mode OF burial, or for cremation
are elso subject 10 The sanitary law OF th'
place.
II i only when one designs To give hi'
property outright in simple ways that h
should draw his own Will; Tor complcatr'
trusts, endowiug new institutions or y M
up property for a future time, a lawyer
AID may be very needIul. Even lawyer
sometimes make mistakes. \ New or
LAWYER. named Rose, drew bis Owl
will. leaving about two million" 10 b
held far ire Years 10 see whether olhe
giyers would add $500 600; "if they woald
the whole should 20 To endow Rose BE
inefficient Institution IL they would not
then his money was 10 90 10 other char
ties. Now the law does not allow proper
" 10 he held in suspense FOR dtuult
term OF years: therefore his giit was pro
uounced void Some most absurd blIndcr'
have been made by lawyers In DRAWN:
wills for themselves. II is not oDiisator,
to appoint an executor, but doing 50 D
wise. and if a testator has enough conf
deuce IN the person named 10 direct thh
he shall not be required 10 give secur
ity," this may prove great convenience
As respects signing and witnessing
wills often fail for some iuiormaiity II
these: especially In New York, where III
.orm is strictcr than in most states. :
story OF last summer was that VIII va
presented. written partly in black pencil
partly in blue 4 will Is not void Occaus'
in pencil. though ink is far better; abou
half was written on one page, and the Wiz
nesses signed at the foot; the other hal
WAS written on the other page, aud thei
came the testator'S signature. ms IN
strument was discarded, because the vii
nesses did not sign at the end Of the viii
Common sense ought 10 tell any one tia
any important paper ought 10 be completed
before the signatures are affixed. The New
York rule as 10 signing and witnessing Il
that there must be two WITNESSES; the t's
tator must sign in their presence, MO II
them that the paper is his will Che n &c
not tell them what is in IL, and ask then
TO witness it; and they must sign theii
names and residences as witnesses at IN,
end OF the will. They usually sign below
brief memorandum certifying that these
things were done; but this memorandum
is not strictly essential. Keep the Will
when completed, in a safe place. In Mas
sachusetts, lately, a will was contested
because rats had eaten the signatures.
Lord ST. Leonard's will was lost, and was
established only by the fortunate fact that
his daughter was able TO repeat the SUB
stance OF it from memory.