Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1882-07-12
CURIOSITIES OF WILL-MAKING.

Rules Which Owners of Property Had Better I'm.
derstand in Bequeathing 1t.
From the Springfield (Mass.) Republican,
The Journals of year past have men
toned an extraordinary number of queer
or contested wills. 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-hke
ability to write out the gifts. Common
sense suggests that the paper ought to
be headed as a will, and it is not difficult
to learn by inquiry how many Witnesses
are required in the particular state; this,
by the way, is the state where the testat-
for 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
haveing nearly every important word p1is-
spelled and almost destitute of punctua-
ton have been accepted. Maine papers
say that court has lately taken proof of
a will made in pantomime by man who
was deaf and dumb, and could not write
or use the manual alphabet. But mis-
takes which obscure the meaning
make trouble. A story last summer
was that Mr.. Matthew Vassar, when
drawing his own will, meant to leave
$1,000 to seven churches-i. e., 81, 900
apiece-but in copying his rough draft
he inadvertently inserted the word
: 10 oh mn
each, or $40, 000in all. The general rule
as to mistakes is that if the viii is lucid
and Ineligible, and can be carried into
effect as it reads, this must be done; the
language can not be altered because
witnesses say that the testator meant
something different from what he wrote.
But if what is written cannot be per-
formed, the courts viii then take proof
Of what the man meant 10 write.
Curious conditions are sometimes i'm
posed. One testator declared in his will
that # any legatee should attempt to
break it he should be debarred from all
share. Another cut off any heir who
should wear mustaches. ARothre said
that each legatee must take the pledge
before receiving his share, and should
forfeit a half-year's income for every
breach of it. Another left to his family
physician ZOO if testator should live
two years, or e., 900 if he should live
five; but, unluckily for the doctor, the
patient lived only a week. Whether
conditions Of this kind are operative de-
ponds on the circumstances; If they are
lucid and practicable the courts will en-
force 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 a condition, say SO plainly In the
viii, and the condition, If not contrary to
law, viii probably be enforced. But to
make him give back the legacy because
Of breaking the condition after it has
been paid may not be so easy. And do
not mention the requests at all in the
viii, but write them In letter separate
", unless you mean that, if they are not
obeyed, the legacy shall be forfeited.
Requests which are now peremptory
conditions often make trouble. When
Heller, the magician, died he bequeath-
ed his apparatus to be destroyed. In
some instances a testator has directed
that a lavorite horse or other pet should
be killed, "lest it fall into unkind
hands," 1t is doubtful whether a court
would compel an executor to destroy
property because the viii SO desired.
Wills are allowed for giving ones prop
erty; that useful animals or articles
should be destroyed is not for public
benefit. Directions given In a will as
to modes of burial, or for cremation,
are also subjects of the sanitary law OF
the place.
1t is only when one designs to give his
property outright In simple ways that
he should draw his own will; for com.
plicated trusts, endowing new institu
tons, or tying up property for a future
time, lawyers aid may be very need.
full. Even lawyers sometimes make mis-
takes. A New York lawyer named Rose
drew his own will, leaving about s., 00O,.
900 to be held for five years to see
whether other givers would add $500, 600
if they would the whole should go to en-.
dow Sc Rose Benefcent Associations" i
they would not, then his money was tx
go TO other charities. Now the law does
not allow property to be held in sus.
pense for definite term of years; there.
tore his gift was pronounced void. Some
most absurd blunders have been made
by lawyers IN drawing wills for them.
selves. 1t is not obligatory to appoint
an executor, but doing so is wise, and il
testator has enough confidence in the
person named to direct that she shall
not be required to give security" this
may prove great convenience.
AS respects signing and Witnessing
wills often fail for some informality In
these, especially in New York, where the
form is stricter than In most states. A
story of last summer was that will was
presented, written partly in black pencil
partly In blue, "a will is not void because
~ pencil, though ink is far better