The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1883-05-23
The i SI:R ana S SG RESSe ssISy BE.

4Ag AAHNENulA " KIONGINW Nc
fore and Alter Deat1i.
We have heretofore referred 70 a
new departure made by The Leg.
islature Of Michigan providing for
an ante mortem probate Of wills.
The plan has attracted, asit de-
serves 70 attract, very general A.
lenlion throughout the country,
and the only wonder Is that il has
not been thought Of before, and
that the millions Of money that
have been tquandered and the fam.
lily fsuds and bad blood that have
stirred up in eontesting will, have
not found at least, q partial remedy
in this plan.
The Michigan plan provides that
the testator may 20 into court, giy.
ing the notice 10 all concerned, and
have his own will probated. Those
who stand ready TO assail Instantly
or set up the plea Of undue inf1.
ences must appear and confront
the testator himself. The contents
Of the will need not be diyulged
nor become matters for the court 10
pass on, but only the question Of
the capacity Sound mind and die.
posing memory" Of the ,eslator.-
The evidence upon which disgrun.
tied heirs generally reach The con.
clnsion that the maker Of the will
was undoubtedly crazy or under
compulSion or undue influence is
the manner in which he has din.
posed Of his money or nfoperty
when they find themselges cut of
with an unsatisfactory portion
This insight into the mental con.
dition of the testator is shut of by
the Michigan scheme, and waiting
expectants will be tortured with
doubt as 10 whether their papas
and rich uncles are crazy till ii
will he too late 10 set that fact up
in defense Of inherited rights. II
must prove a perplexing law TO
walters on the future for paternal
bounty.
To attack the mental sonndness
Of a living rich tes!ator would be
extremely hazardous, for should the
effort 10 show incapacity fail, it
would ut once afford the occasion
and the power to cut of with a
shilling the ungrateful and offen-
sive expectant. The law is intend
ed to abate The evil Of wasteful
legal strifes which often destroy the
peace Of families and squander the
patrimony, and in this respect ii
must be approved.
We can conceive Of no valid rea.
son why a man who wants ~ make
a disposition Of his property to
take effect after hi. death may mot
have the validity Of the will legal
ly established before his death, in
the same manner that the validity
Of u deed is determined during his
lifetime.
II there is any better way than
this, it IL that Of making a distri-
button Of his estate with his own
hands, during his life.
But the difficulty about this is
the prevailing idiosyncraSy so prev.
alCnt among men Of large means
either to cherish a belief that they
are never going to die, or otherwise
to hold on to their lust dollar till
death relaxes their grapp.
There is no event more certain,
and none for which so little provis.
iun is made, as death. A man in
vigorous health and buoyant spir.
its can't bear to think about a will
or that there is any risk in delay,
ing provision of this kind until
age indicates the end of his career.
But such men do die. The grave.
yards are full Of them. And they
usually die with less notice than
some more feeble and with less ap
parent prospects Of life.
Then if they do live to an old
age, with the evidence continually
present with them that the day Of
death cannot in the nature Of
things be longer postponed than
few months, or n few years at most,
still there comes with this admoni-
ton no hint that they no longer
have use for their wealth;that now
is their opportunity to see it dis.
tributed according TO their own no.
tions; they cling to the money bags
with as much tenacity as though
they needed them to pay expenses
across the "dark railey" into which
they are descending. There are
only here and there o few intelli'
gent exceptions to this custom,
and those who make the excep.
tiOnS have proved the wisdom Of