Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1883-05-11
THE PROTECTION@ TEST.i-
TOHS.

The derision oi the Court Of Appeals
Affirming The decisioa IL the lawer Court
in the John Tulley Johns will case ha,
not. il seems. cuRclulcd the CONTEST Ovcl
the poT mans property. Ms i is stated
that another will. the text Of which has
lcen pub ished in the Baltimore papers,
has been already filed for pro ate in the
Bsltinore County Court
Our readrrs NAV remember that the
will, the contest over which has Just
ended, was upset by the Courts on the
Testimony Of witnesses that the testaior
was not Of sound mind when he made
the will. although the same witnesses
testified tina; he was Of sound mind up
TO several years before making this will
eItending beyond the year 1866 when
the will now offered for probate was
made.
The persons Intended 10 be benefited
BY the will just broken are as strongly
favored BY the provisions Of the will OF
&C. and Of course those heirs who were
uHpFovided for in the lroken instrument
will fight the cue NOW offered, withas much
seal a, they have already shown. The
rssult will be that after the lighting is
al over. the property which Mr. Johns
attempted to leave 10 whom he would
will be considerably diminished by these
expensive law suits.
This will case calls to mind bill
which the Michigan Legislature had I'M
der consideration some weeks ago. and
which we believe passed, designed to
remedy this evil of attacks ON the wills
~ meu Of means The measure does
not change the existing law with regard
to wills. but adds to il provision that
any one who desires to do so may present
lis will to the circuit or probate judge
II the county in which he lives, togeth-
With a petition declaring that it was
duly executed by the petitioner, that he
was Of sound mind aud memory, and
not subject to any undue influence, and
praying that it be allowed. He is at the
same time 10 furnish a list of all persons
who would be int rested in his estate as
heirs. A day is tien to be appointed
for hearing the petition, which the heirs
may oppose if they choose At the
hearing the judge is to inquire into tn
documentary capacity of tie tcst1tor,
examine any with ssss that may be
produced aud if it appears that he is in
q ct condition of mind to dispose OF his
property, is - make decree establish.
ing the will, which shall be final aud
conclusive as to the question of tesla
Mentary capacity The contents Of the
viii are not required TO be made known
As the New York Nation says the
opportunity for braking wills or institut-
iAs proceedings to break them with a
view to compromise, arises ALMOST
altogether from the fact that, at tie
time when the in JURY into the validity Of
q will begins, the tcstatOr is dead. In
nine cases out of ten, 20 long as he is in
the flesh not a whispe is heard as to
his sanity. His prospective heirs, far
from thinking him unfit to manage
his property aud no one who can do
this is unfit to make a will-are only
too glad to have him go on buying and
selling. making contracts, executing
deeds. carrying on his business, what
ever it may be. The richer he grows
the brighter the future looks for them;
and while he is accumulating his money
an attempt to deprive him If the power
# making will would usually be re-
garded in all quarters as mere folly"
There is much force in this. and
while We Of lower Maryland are not
likely to have much of this will-litisa-
ton, ii might occur at any time, and
ss'sale man, who bequeaths his property
to suit hiins'alf and according to his no
tions of right aud Justice will have some
unworthy or worthless heir ralking up
all his little peculiarities and charging
that because he did not sit down or eat
or blow his nose like other folk, he was
not fit to make his will. All men have
their peculiarities and ecclentricities. and
men who have property enough to jnsti
fy them in making a will are no excep-
non to the general rule.