The sun. [volume] (New York [N.Y.]) 1833-1916, 1884-03-16
The Ante. MOrtem Probate of Wills.

An act to provide for the establishment Of
wills during the lifetime OF testators ID now
before tho Legislature Of this State. It Is
the work OF Mr.. AMOS G. HULL. formerly
Surrogate in one OF the interior counties;
in the State OF Michigan.
The bill provides that the maker OF q will
may call all parties interested In his estate
into the Surrogate's Court Of the county
where he resides, in order to have his will
established during his lifetime. in such
manner that it "shall not be set aside or i'm
peached on the ground Of insanity, or want
Of testamentary capacity on the part OF the
testator, or that the same was executed
through fear. fraud, Importantly. or undue
influence" Any will thus proved, however,
may be revoked or altered as under existing
laws. In other words. a testator who had
caused his will to be publicly established,
after notice to all his relatives, under tho
provisions Of this proposed bill, could make
new and entirely different will the next
day, revoking the instrument which had
been proved in open court
At a meeting Of the Bar Association on
Tuesday evening. Mr.. FREDERICK r. CoU-
DERT, a well-known lawyer Of this city, de-
clared that the Legislature would not pass
this bill unless that body was composed OF
lunatics and he therefore thought the asso-
citation should not dignity the measure by
noticingit He was right in regarding tho
bill as open to serious objections. but ho was
wrong in his idea that 1t could safely or
properly be allowed to 70 unnoticed. It is
clearly the duty OF lawyers, and certainly
the duty OF an association of lawyers, to
make their views known concerning the ex-
pediency OF legislation In regard to ju-
dicial proceedings. They owe this to their
clients and to the community.
The first obvious objection to the bill Is
that 1t seems aimed at an evil which does
not exist. The number Of cases In which
wills are successfully contested on the
grounds OF insanity or want Of testamentary
capacity, or by reason OF undue influence, 10
comparatively small. and there Is no reason
to doubt that correct conclusion is reached
In large majority OF contested cases. what
over may be tho result. There Ia q popular
impression, perhaps. that objections to pro-
bate are often interpOsed on insufficient
grounds, but no great harm can result in
such cases, inasmuch as the ultimate loss
falls upon the contestant, who spends his
| time and money for nothing.
The proposed Legislation can serve no USE
full purpose, therefore. unless 1t Is probable
| that under the existing practice some wills
are set aside by reason Of the alleged insani-
| ty OF the testator. which would be main.
tanned II the inquiry into his mental con-
dition were conducted during his lifetime.
Assuming that there are such cases, how
ever. the bill still seems inadequate to afford
much security. As We have intimated, the
testator can make new will the day after
he has had different one judicially estab-
lished In the Probate Court. The first In.
strument may indicate that he IL as sane az
SOLOMON. the second that he Is as mad as
a March hare, and q very interesting
question OF law would arise as to how
far his montal condition on one day was to
tion on the other. Again, a will executed on
Monday and once judicially established
perhaps without objection would have te
stand. because OF the provision In tho statute
that 1t should not thereafter be set aside or
the ground Of insanity, yet subsequent In
strument executed as will by the same ties
tator on Tuesday, and not brought to Ugh,
till after his death, might furnish tolerably
clear or even conclusive evidence that the
maker must have been insane on the previ
GUS day, when he made the first will.
We could readily multiply illustrations o.
the difficulties likely to arise under this bill
for the ante-mortem probate Of wills. II
our opinion. tn enactment viii tend 70 70