Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-03-15
Curiosities of Win.MIaking.

From the n Y. Tribune.
The Journals of year past have mentioned an
extraordinary number of queer or contested
wills. Are people becoming more disposed to
draw their own wills, without employing law
yers? There is no reason why anyone should
not draw will who has fair business-ike abi-
ty 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 partic-
ular state this, by the way, is the state where
the testator resides Cat his DEATH; will drawn
for man on journey should follow the law of
the state where he has his home. Neither bad
grammar nor misspelling in the body of a will
vtiates 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 accepted Mainep pa
pers say that court has lately taken proof of
will made in pantOmme 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 So 1000 to seven
churches-i.e., 81 600 apiece-but in copying his
rough draft he inadvertently inserted the word
leach" giving the churches $1,000 EACH or
$40. 600 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 imposed.
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 moustaches! Another
said that each legatee must take the pledge be-
fore receiving his share, and should forfeit
half years income for every breach of it. An
other left to his family physician $4,000 if tes-
tatOr should live two years. or 93 600 If he
should live five; but unluckily for the doctor.
the patient lived only week. Whether con-
dtiOns of this kind operative depends on
the circumstances; if they are lucid and prac-
ticablc the courts will enforce them, but many
are so expressed that they amount to nothing
If you wish that your legatee should not receive
the property unless he complies with condition.
say so plainly in the will, and the condition. if
not contrary to law. will 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 your
requests at all in the will (but write them in u
letter separately unless you mean that, if they
are not obeyed. the legacy shall be forfeited
Requests which are not peremptory conditions
often make trouble When Heller. the magi-
clan, died he bequeathed his apparatus to be
destroyed. In some Instances teStatOr has di-
rected that a fayOrte horse or other pet should
be killed, 'lest it fall into unknd hands" 1t is
doubtful whether a court would compel an exc
cutOr to destroy property because the will so
desired; wills are allowed for giving ones prop
erty; that useful animals or articles should
be destroyed is not for public benefit. Direc-
tons given in a will as to mode of burial, or for
cremation. are also subject to the sanitary law
vi the place.
1t is only when one designs to give his prop
erty outright in simple ways that he should
draw his own will; for complicated trusts, en-
downing new institutions or tying up property
for future time, lawyers aid may be very
needful. Even lawyers sometimes make mis-
takes New York lawyer named Rose drew
his own will, leaving about two million to be
held for IRE gears to see whether other givers
would add $500. 600, if they would. the whole
should 90 to endow crosse Beneficent Asso-
ciation;" 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 def
mite term of years. therefore his gift was pro-
nOunced void Some most absurd plumbers
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 confidence in the person named to
direct that ''he shall not be required to give
security this may prove a great convenience.
AS respects signing and witnessing wills of
ten fail for some infOrmality in these; especially
in New York, where the form is stricter than in
most states. story of last summer was that
will was presented. written partly in black pen
Gil, partly in blue Ga will is not void because in
pencil though ink Is far better); about half was
written on one page and the witnesses signed
at the foot; the other half was written on the
other page. and then came the testator's sigma
ture. This Instrument was discarded, because
the witnesses did not sign at the end Of the will.
Common sense ought to tell any one that any
important paper ought to be completed before
the signatures are affixed.
The New York rule as to signing and witness
ing is that there must be two witnesses; the
testatOr must sign in their presence, inform
them that the paper is his will Che need pot tell
them what is in it,, and ask them to witness it:
and they must sign their names and residences
as witnesses at the end of the will. They
usually sign below a brief memorandum certify
ing that these things were done; but this memo
randum is not strictly essential. Keep the will,
when completed. in a safe place. In Massachu-
SETS lately, a will was contested because rats
had eaten the signatures. Lord st. Leonards
will was lost, and was established only by the
fortunate fact that his daughter was able to re-
peat the substance Of it from memory.
Great Utilitarian PhilosOpher.
For playing such a part as Mills it was rather