New-York tribune., 1884-02-16
ATTESTING ONES OWN WILL
AVOIDING CONTESTS AFTER DEATH.

A PROPOSED LAW TO MAKE 1T LEGAL TO PFoNL
ONES WILL wHLEssTILL LIVING.
The State of Michigan has a law under which n
is possible for man on making ms VII 10 g" lnoo
court attest its correctness and that OF ms siRni
ture and have the instrument dulN fecorH;cu 1oth
testament he wishes carried out AFTER ms 'e'''u
The law has been in operation ior nG"'u'i Gt III 81
wears and as proof of ITS ehccilNeheSS II - '"l"
that will contests are pracucailY unhU"N a"' ~ G
PecentIy y T. Barnum had drawn for hln nm
elaborate will. the contents or Whlch were maui
known 10 all the henehclarleS uhder IT, d'u uo,l."I
nd LEGAL ateStatious of the sanity Of the testator
were added to IT. with The design OF aNoldhg iu'ne
litigation. But there Is no law IN GonneGlicut 81 cut
he legally recorded such IN advance oi ms de-
mise. aud his precautions may prove useless ANY
dissatisfied person claiming To be an helr may sun
disuute IT, And il wOuld not he strange taking
into consideration numerous precedentS IN TINS
State if this sane act 10 ayolI iuture contest Is
cited as positive proof of Mr.. Barnums inability to
The numerous and prolonged contests over the
wills of wealthy men and women offered for pro-
bate in this county have called tie attention OF
many lawyers and their clients TO the Michigan
law. In New-IOrk state any claimant. however
remote his kinShip or however absurd his preten-
sOnS 10 a part of the estate may contest the Will OF
any dead relation and the estate may he put 10
enormous expense. AyarlcouS and uuScrupu9us
LAWYERS are ready to stir mp litigation of TINS
kind "o on speculation Nearly all slGh contests
over disputed wills arc accompanied hy disgrace
fu PROCEEDINGS and disreputable disclosures about
The knowledge of this disposition 10 stir mp lti-
Cat rOn which wastes a man estate ana IIi'o' M,'
reputatiOn clOuded led a number OF WealthN RTI-
tlemCn TO concerted action 10 secure Ihe pdNssdE
The pTesent Legislature of law similar u" INA! ~!
Michigan. EX-Judge Amos U. nun, iVI 'IEn'
vears Surrogate of OSwrgO County. ana long a
nractitioner az the New-G0Tk bar, vas Ietaiued 10
prepare bin which he 2f%fbESe 70 SanT9 If Is
practically the same as the Michigan law ana Is
as follows:
An ACT to provide for the establishment of wills during
the life Of ftestatOrs.
The people Of the state Of York represented in Sen
ate and Assembly do enact as follows
. n.rt..s .,f,V ..vh REQ fav py
fho te,tafor may make and annex ms peuuou, 10 nt
sworn before and presented TO the surrogate or Ine
rouuty where the testaOr resides or 10 any court or or
ncer having Jurisdiction take probate OF wills asking
that such will he admitted and established as MS last
Sec , Every such petition shan contain avermcnts
that such will was duly executed 1N tle ruohtI' VIZ
on fear fraud uportunity undue Ihnence ana WIN
fu KNOWLEDGE Of s contents and that the testatoT Is
Of sound mind and memory and full testamentary capae-
itv and shall state the and address OF every per
son who al the Of making aud Ming the same would
be interested In the estate Of the maker of snch VIII as
heir such maker should 80 the making Of such petition
become deceased and may also contain the names and
9idTgs9G 0 any 5Ies 0l4es % sc pyoSeeds %S may
Sc fGc9 amount Soo} S me for the hearing Of Such pc
titon and ssue citations to the parties named IN sucL
have Snch MeuinE a. ~ i tbe manner as near as
Tractic8ne as Is required for the probate OF Wills.
Gee, ., ., ANY itr di.9biitv a guardian ad Iien
son on such hearing snch court shall eIamlnento tue
matters anC5'o m S S eitato and examine witnesses i'm
relation thereto and shall appear that the alega
mons OF such petition true, and that such tesator
was Of sound mind and memory and la f1a
testamcuary capacity such JIse 7usl S nan A. t ~,
thereon and shall cause copy or -uch decree 20 De a
tachod said will certified un ieI the sea- or slu COURT
euch petition possessed OF sound nina ana mcHo,y
aud mn .estamentarv capacity. and tnat said viii wa, *
cTcS'I rde decree sha have e same effect as II made
v said court after death Of te-taor on the probate
Sbsi mo-, he set aside or ipoachcd ON ground of
sitv want Of teamcntary capacity the part Of the
@ ~
fraud. importantly or undue influence
Sec 3 Auueals shall lie iu the same manner as from
Scc s. Notne n thi, act contained shan construed
10 prevent the revocation of such will q" "leI"UoA "i
Other change thereof rs boz ordinary wills. ,
OF course the main and natural objection which
Will be- urged against such measure VIII be ihal
the majority of persons do not care 90 hay their
bcourst~ known while living. Ihe proposed meas
me- is MOI coi,ouIsorv: any man who chooses can
take the usual course, OF dlt ule~tatt ne WISHES
II is anticipated los the promoters Of the hu lh'il
II viii be opposed by a number OF lawyers iu aII
counties of The state who make handsome uEihs
out OF praet etlce before thc county 9uiIott,tS. I.'
IL is believed that uue-t uth- of the lepuiat law
ycr- at the bar viii appr"yc@i 'i 10! h-e N,slIoN
ing any chances OF poIiaht i'li-tt''" iil'i "
mans death. II does NOT tulrtF -hIL "' proper
litigation while the tc~tator i- lFiht ng'Ii iht II'-
af l4s az, now by citation o. ali the par Jos to it
I.f.rt flt proper court Ui 0NtoI huI lur tr-ltI'l
being alive j, competent lu case of Il contest lo
a,u.eI explain hI- motives ODD tIrH ease ANA .'.-'
tlc court p, d.. su,rch and Nauntr"1 II~ capacity
o. execute wiII aul of tue absence "i amy .n-
iat q ban any dissatisfied claimant from eonte-tlne
biit he must do 10 while thc te~tatoT alive ano can
DE- compelled IF he has done amy wrong o. aI'rt ~.
viii so a- to conform to iAt |I" and ING l-Ii.
Even infant I,ue-dt-tN who may .' 20"
yorrr to know fbe.r rights. arc pr0t'Dt1 hN in'
1rroutmcut of guardians af h'"l Alro4. i,"" ihO
dr,I,.on of the count u the manner u~a'. in ''.'I
suits is provided for; hut thr appeal uH-t 'r Take"
while tlcte te-tator B., alive and pfe.aI.d I9 H'\r
ms sanity aud defend h.~r,r ,rulaIou. Ih'I' Us i.h-
ING t0 prevent the tr>tJtHI from aIHIH- I' I.rI.t
nom or entirely auuulIHg bis VlI after PROC. IE-
lacu recorded. At thc Ia-f moment of I- H.r Do"
may arnul it leaving the .aN t" dispose uf DIS
property a~ if he had died ftu-tafe. IHf -..U "
Jaw wou.l ,lctua'v stop aI contests aiI"f iI'
deaths of those taking advantage of i 't iir'.-
IN yoI.d Shut out that ciae, of " ~HI..er lawyers.
professional pcriu,er- convenient tet',t. e- aho
i.aII.flu-Iv and ,o5udaIUu-lv Inclined relatives
who i,I't' ',Iv turn un .l cruTt whom rue Wills oft
such person. are contested. t0 establish that ".H
tally I13 morally the ,o-tatoi- were utterly ae-
pIaF.l.