Savannah morning news. [volume] (Savannah) 1868-1887, 1882-06-15
CURIOsITIEs OF wILL-MAKING.
Rules which Some Men are IguO-
rant OF aud Others ignore.
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toned an extraordinary number of queer
or contested wills. Are people becoming
more disposed to draw their own wills
without employing lawyers2 There is
no reason why any one should not draw
a will who has fair business.like ability
to write out the gifts. Common sense
suggests 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, is the Slate where the
testator resides lat his DEATH; a will
drawn for a man on a journey should
follow the law of the State where he has
his home. Neither bad grammar mol
misspelling in the body of a will vitiates
it; if the Judges 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.
Maine papers say that court has lately
taken proof of will made in panto-
mime 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
v r.
when drawing his own will, meant to
leave $1,000 to seven churches. e.,
81 900 apiece-but in copying his rough
draft he inadvertently inserted the word
''each," giving the churches s., 900 each,
or $40, 900 in all. Tie 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 Ian
guage cannot be altered because wit.
nesses say that the testator meant some
thing 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 years income for every
breach of it. Another left to his family
physician GO, 900 if testatOr should live
two years, or Go, 900 if he lived five; but,
unluckily for the d ctor, 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 thst
they amount to nothing. If you wish
that your legatee should not receive the
property unless he comedies with a con-
dition, 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 had been
paid may not be so easy. AMI do not
mention the request at all in the will,
but write them in letter separately,
unless you mean that if they are not
Obeyed the legacy shall be forfeited.
Requests which are not peremptory con-
dilions often make trouble. When Hell
Ter, the magician, died he bequeathed
his apparatus to be destroyed. In some
instances testator has directed that
favorite horse or other pet should be
killed, "lest it should 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 ones prop
erty; that useful animals or articles
should be destroyed is not for public
benefit. Directions given in will as to
the mode 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 complica-
tod 1,,o4
tying up property for future time, a
lawyers aid may be very needful. Even
lawyers sometimes make mistakes. A
New York lawyer named Rose drew his
own will, leaving about two million TO
be held for five years to see whether
other givers would add $500, 600; If they
would, the whole should go to endow a
"Rose Benefcent Association if they
would not, then his money was to 90 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 blunders have been made by law
yers 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 che shall nos 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 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 testators signature. 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 af-
fixed.
The New York rule as to signing and
witnessing is, that there must be two
Witnesses the testatOr must sign in their
presence, inform them that the paper is
his will (he need not inform 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 brief memorandum
certifying that these things were done;
but this memorandum is not essential.
Keep the will, when compile ed, in a
safe place. In Massachusetts lately a
will was contested Because rats had eaten
the signature. Lord St. Leonard's will
was lost, and was established only by the
fortunate fact that his daughter was able
to repeat the substance of it from mem
Ory