The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1882-08-11

Rules which Owmers 81 Property
Had Better Understand nm be-
QueathtuR IL

Rules which Owners Of Property
Had Better Undcrstand nm Boz
qucathtng Ia.
From the Springfield (sfass.) Republican,
The journals of year past have men,
toned an extraordinary number ofqueer
or contested willis. Are people becom-
ing 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 suggests that the paper ought to
ne headed as a will, and it is not diff
cult to learn by inquiry how many wit
nesses are required in the particular
State I; this, by the way, is the State
where the testator resides Cat his death):
will drawn for a man on a journey
should follow the law of the State where
he has his home. Neither bad grammar
nor misspelling in the body of will
vitiates it if the Judges can understand
what the paper means they will order
that done. Wills having nearly every
important word misspelled and almost
destitute of punctuation have been &C
copied. Maine papers say that court
has lately taken proof of will made in
pantomime by man who was deaf and
dumb, and could not write or use the
manual alphabet. But mistakes which
obscure the meaning make trouble. A
story last summer was that Mr.. Matthew
Vassar, when drawing his own will,
meant to leave 81, 900 to seven churches
i. e., 81 900 apiece-but in copying
his rough draft he inadvertently inserted
the word "each," giving the churches
81, 200 each, or $4,000 in all. The
general rule as to mistakes is that if the
will is lucid and Ineligible, and can be
carried into effect as it 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 be
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 will
that if any legatee should attempt to
break it he should be debarred from all
share. Another cut off any heir who
should wear mustaches. Another said
that each legatee must take the pledge
before receiving his share, and should
forfeit half-year's income for every
breach of it. Another left to his family
physician $4,000 if testator should live
two years, or $1,000 if he should live
five, but unluckily for the doctor, the
patient lived only week. Whether
conditions of this kind are operative
depends on the circumstances if they
are lucid and practicable the courts will
enforce them, but many are so expressed
that they amount to nothing. If you
wish that your legatee should not re-
ceive the property unless he complies
with condition, say 80 plainly in the
will, and the condition, if not contrary
to law, will probably be enforced. But
to make him give back the legacy be-
cause OF breaking .ne condition after it
has been paid may not be so easy. And
do not mention the requests ut all in the
will, but write them in letter sepa-
rately, unless you mean that, if they are
not obeyed, the legacy shall be forfeited.
Requests which are not pe-emptory con-
ditions often make trouble. When
Heller, the magician, died, he be-
queathed his apparatus to be destroyed.
In some instances testator has directed
that favorite horse or other pet should
be killed, "lest 1t fall into unkind
hands," It is doubtful whether court
would compel an executor to destroy
property because the will SO desired.
Wills are allowed for giving ones pro-
perry that useful animals or articles
should be destroyed is not for public
benefit. Directions given in will al
to mode of burial, or for cremation, are
also subjects Of the sanitary law of the
place.
It is only when one dcsigus to give
lis properly outright in simple ways
that he should draw his own will for
complicated trusts, endowipg new in
situations. or tying up property for q
future time, lawyers aid may be very
needful. Even lawyers sometimes make
mistakes. A New York lawyer named
Rose drew his own will, leaving about
So, 600, 900 to be held for five years to
see whether any other givers would add
$500, 900; if they would the whole
should go to endow Rose Benefcent
Association ;" if they would not, then
his money was to go to other charities.
Now the law does not allow property to
be held in suspense for definite term Of
years, therefore his gift was pronounced
void. Some most absurd blunders have
been made by lawyers in drawing wills
for themselves. 1t is not obligatory to
appoint an executor, but doing so is
wise, and if testator has enough con-
| fidence in the person named to direct
that che shall not be required to give
security" this may prove great con-
! venience.