New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1886-10-13

Pastor, Huguenot church, Charleston,
S. C.
WILL LORE.
About Curious Testaments-They May be Made in
Prose or Poetry-How Best to Revoke Will.
The subject OF wills, said a lawyer to
the Chicago Herald representative,
has a peculiar interest for us, particu-
larry where a considerable estate is de-
vised. We are not only curious to
know how a man wished his property
to go after he is through with it, but it
seems like voice from the dead de-
claring how it shall go. 1t is usually
written in the most solemn moment OF
a mans life. At that moment
one realizes to the full that
he brought nothing into this
world and can take nothing out, and
that, after the tongue is hushed and
the heart stilled, his commands will
be spoken and his desires obeyed. AS
ISOLATED AS it is with such thoughts
as these, it is not strange that we are
eager to know how Mr.. Vanderbilt, or
Mr.. Astor, or Mr.. Tilden or Mr.. Sto-
rey disposes OF his fortunes. As mat
ter of fact, being strangers to them,
we do not care whether they endow a
college or cat, but if their wills hap
pen to be published in the morning
papers, we read them first, as the
most toothsome items of news.
The clause is Mr.. Tilden's will pro-
viding that if any one of the devisees
contest it he shall forfeit his share is q
valid one, and may be often found in
the wills of astute persons, like the de-
parted statesman. It has tendency
to induce caution on thepart of heirs.
If one can lose nothing by a contest
and may gain something he may rush
into court as a sort OF speculation,
and in that way much of the estate be
lost. Our Uncle Sammy knew enough
about law and lawyers to wish to keep
his estate free from their care. As no.
body ever drove a coach and four
through any document or statute he
wrote, SO you may be sure his will,
drawn by his own hand, is equally
irOnclad.
There are many very curious and &C.
centric wills described in the books,
and some strange phases of human ma.
ture are illustrated in them. Some
men, who in life would not have given
a cup of water to a beggar, by their
wills leave enormous sums to charity.
Those are the wills that usually take
a course through the courts, with hand
some pickings for the lawyers on the
way. All charitable requests are con-
strued with the utmost strictness.
About ten years ago H. H. Taylor, of
this city, died, leaving will drawn by
himself. After providing for his wife
and son, as he thought, quite liberal
ly, he devised the residue of his estate.
about 100000, to seven trustees
to found a charitable institution such
rs they should deem best. In case they
elected not to do so the trustees were
to turn over the estate to the Home
of the Friendless. As matter Of
course the will was contested, and
after thorough legal inquiry, it was
found that the charitable clause
would not hold water. After consid-
cradle litigation the case was COM
promised, and the Home fthe Friend
less got 100000 and the heirs the
remainder.
A man in New Jersey, not long
since, left his estate to pay off the
national debt The will was contest
ed, Of course, but the courts have re-
Gently held it valid. In the last cent
ury Sir Joseph Jekvll did the same
thing in England. When Lord Mans
field heard of it he said: "Sir Joseph
was very good man and a good
lawyer, but his bequest was a very
foolish one; he might as well have at.
tempted to stop the middle arch of
Blackfriars bridge with his full-bot-
toned wig
Simple a matter as it really is, law
yers have not always been successful
in drawing their own wills. Lord St.
Leonard, High Chancellor OF England,
who, us Edward sugden, was the most
eminent chancery lawyer in England,
and who with number of law books,
one particularly with a very elaborate
chapter on drawing wills, drew his
own will, and it required an expensive
lawsuit and the decision of court of
chancery to give it proper effect. The
will of Lord Westbury, another lord
high chancellor, drawn by himself,
met with the same fate. I could give
you many similar instances.
There have been devises to animals
orfor their benefit which have been held
valid to cats, dogs, horses and even
parrots. Not infrequently people
have undertaken to show their spite
and hatred, and sometimes their hui
NOR in wills.
The will Of Lord Pembroke of the
seventeenth century has several items
Of that kind-for instance Item-I
give nothing to my Lord Sage, and
do make him this legacy willingly, be-
cause ! know that he will faithfully
distribute it to the poor Itern-I
give up the ghost.
Lord Bacon had no property to
leave, but he left a regularly executed
will, in which he bequeathed his name