New-York tribune., 1882-02-19
CERL0SLTLES or WILL-NAKLNG.

CTRIOSITIES or UILL-BAKING
The journals of year past have mentioned
an extraordinary number of queer or con-
tested wills. Are people becoming more
DISPOSED to draw rheir own wills, without en-
ploying lawyers There is 10 reason why
anyone should not draw a will who has fair
busncss-like ability to write out the gifts.
Common sense suggests that the lapcr ought
to be headed as will And it Is not difficult
to learn 10y inquiry how many witnesses are re-
1uiIcd in the particular State this, by, the way
is the State where the testator resides
Cat his death); a will drawn for
man on journey should follow the
law of the State where he has his home.
Neither bad grammar nor misspciling III the
body of a will vitiatcs it if the judges can un-
dcrstand what the paper means, they Will
order that done Wills having nearly every I'M
portant word miSspcl!ed and almost destitute
of punctuation have been accepted. Name
papers say that a couIt 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 mistakes which obscure
the meaning make trouble. A stOry last sum-
mer was that Mr. Matthew Vassar, when draw
ing his own will, meant 10 leave $1,000 to
seven cburchcs-i e., II 600 apiece-but Ill
copying his rough draft he inadvertently IN
serted the word "each," giving the churches
$1,000 each, or $4,000 in ali. The general
rule ~ TO mistakes is that If the viii IS lucid
and ineligible, and can be carried into effect
as il reads, this must he done the language
cannot be altered because witnesses say that the
te,.ator meant something different from what
D,,t ,.t
performrd. the court, will then take proof Of
what the man meant 10 write.
Curious conditions are sometimes imposed.
One testator declared in his will that IT any
Icgatce should attempt to break it he should bc
deharrcd from all share. Another cut OF any
heir who should wear mOdStachcS Another
said that each lcga,ce must take the pledge be
fore receiving hi, share, aud should forfeit
half years income Tor every breach OF IT. An
other left to his family physician G2,oOO II teS-
tator should live TWO years or I3,OOO If he
should live five; but unlucEily for the doctor,
the patient lived only Il week. Whether con-
ditions of this kind are operative depends on
the circumstances if they are lucid and prac-
ticable the courts will enforce them, but many
are SO expressed that they amount to nothing.
If you wish that your lcgatce should not receive
the property unless he complies with condl-
ton, say so plainly i'll the will, and the condl-
ton, if not contrary to law, will probably be
enforced But to make linn give back the
legacy because of breaking the condition after
il has been paid may not be so easy. And do
not mention your requests at all in the Will (but
wIite them in letter separately unless you
mean that, if they are not obeyed, the legacy
l.. u, sta yKhi
remptory conditions often make trouble.
When Heller the magician died he be-
qucathcd his apparatus to be destroyed. In
some instances testatOr has directed that
favOrite 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 will so desired;
wills are allowed for giving one property;
that useful animals or articles should be de-
stroycd is not for public benefit Directions
given in a will as TO mode Of burial, or for ere
nation, are also subject to the sanitary law OF
the place.
Ii is only when one designs to give his prop
erty outright in SIMPLE ways thar he should
draw his own will for complicated trusts, en-
dowIng new institutions or tying mp PROPERTY
Tor future time, lawyers aid mly be very
necdful Even lawyers sometimes MAKE mis-
takes. A New-Yorl lawyer named Rose drew
his own will. leaving about two millions To he
held far .Grc gears to see whether other Siyers
would add 100000 If they would the whole
should 20 to endow Rose Bcncliccnt AsSo-
iation" if they would not, then his money
was TO 20 TO other charities. Now the law
does not allow property to be held in suspense
for a definite term of years therefore his gift
was pronounced void. Some most absurd blum
ders have been made by lawyers III drawing
wills for themselves IL is not obligatory to
appoint an executor, but doing so is wise, and
if a tcstator ha, enough confidence in the per-
son named to direct that he shall not be- re-
qrired to give security this may prove great
convenience.
As RESPECTS signing and witnessing, Wills often
fail for some inforInaiity in these especially in
New York. where the form Is stricIcr than IN
most States. A story of last summer was that
a will was presented, written partly in
black pencil, partly in blue Ga will is not void
because IN pencil, though ink is far bottcD
about half was written on one page, and the