Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-07-05
WRECKING OF WILLS.
Allegheny COunty's Record Of Sus-
tanned Appeals a Small One.
ONLYTWOBROKEN THEPAST YEAR.
How Testamentary Laws Differ in Number
of the States.
MATTERS OF DOVER AND COURTESY

MATTERS OF DOVER AND COURTESY
The frequency with which wills have
been contested of late years in some States,
and the increase of contests during the last
| year or two in Pennsylvania has inclined
| some people to think remedy might be
devised. One by which a testator might
make and file his own will before death is
wanted, and in case it was not
| attacked within a given time,
thenceforward be free from contest.
The opinion by one who has had much to do
that the law in Pennsylvania is ample to
regulate for the best interests of all con-
cerned. 1t is argued that in cases where
the fathers have eaten sour grapes-or the
mothers, either, for that matter-children
who suffer from the results, and whose
teeth are on edge, should not be made the
victims of parents sins, but as stated above,
the matured legal opinion of this State
seems to be that no Improvement can be
suggested. The reasons assigned are that
if contestant cannot show good cause for
If he can show it he is entitled to remedy,
which would not be the case were the sug-
gested writing testamentary allowed to
stand in course of given time without
contest, as there are many cases in which
one who had good reasons for contest might
be prevented from making it within the
specified time.
Satisfactory for Sixty Years.
Our law has been in force in its present
shape for 60 years, and is claimed to have
given very satisfactory results, and only
been frequent. The risk of having heavy
bill of costs in case of failure is considered
generally sufficient to prevent abuse
During all of Judge Hawkins
long term of service he has set aside but
four wills, and Judge Over has done the
same in but two cases, from which it would
seem that nearly all the decedents of this
county in the last 20 years were of sound
mind and just intentions and that ties of blood
have generally been of sufficient strength to
compel them to do right. Our laws against
perpetuities have also been in force so long,
and with such beneficial results, as to in
fuence the minds of testators generally to
do justice. The act of April 26, 1855, which
requires a bequest or devise to a charita-
BILE or religious use to have been made
month before the decease of the testator,
and to be witnessed by two creditable and at
the time disinterested witnesses, has done
much to prevent litigation. In some States
this kind of bequest must be made year
before the decease of thu +cstator to be valid,
and doubtless most lagatees think this pro-
vision is still better than our 30-day one.
One of the Best of Provisions.
The provision that the intent of the testa-
tor shall be effectuated, if just and lawful,
is also good one, and it is pretty
generally the same in all the States. This
enables an ignorant person to make good
and valid will if so disposed. Our law
seems to take about as good care of the
benefciaries as is possible. 1t might be
have subscribing witnesses to make assur-
ance doubly sure. Such will is one
written and signed by the testator him
self without witnesses. Under our
law the two witnesses required to
prove such will need not be subscribing
witnesses. 1t is sufficient for legal pur-
poses that they prove the testator's sigma
ture. The great controversy over the ia
nous ''bond of friendship" case, which
thousands of people will remember, proves
that there is room for improvement in this
respecI. Inougn most people DelleVeu
William McCul1y to have executed the in
strument, and that the decision in Clark's
favor was just, yet all will agree that had
there been two or three signatures of repu-
table people to that paper, much trouble
and many thousands of dollars would have
been saved.
A statement of the work of the Orphans
Court during the past year made by Cyrus
S. Gray throws light on the subject and
shows that notwithstanding we appear to
have had considerable amount of litiga-
tion, though, as above stated, it appears to
be still on the increase, yet in reality there !
has been but very little comparatively.
The Wills Probated in q Year.
The number of wills admitted to probate ,|
from the June term, 1890, to the June term
of 1891 is GIL. The number of appeals from
probate during that time is 15, or less than
one in A, and in two of these cases the
Orphans Court Judges sustained the appeals
and their judgment has been acquiesced in.
In another an issue has been awarded
and the fourth has been appealed to
the Supreme Court. The appeals from pro-
bate were in the ycases of the estates of r.
H. McKeever, Matthias Engstelter, John |
Scott, John P Kirchner, Dorothea Maurer, |
Owen Clark, James Corrigan, P. G.. Her |
man, Harry Laferty, Christena Moegle, |
Francis Terrence, S. A. Wilson, r. G. Hen |
derson, John McCrea and William Toner. |
Of these, those of r. H. McKeever
and John Scott have been set aside. An |
issue has been awarded in that of Harry |
Lafferty, and the controversy in the case of |
the contest of S. A. Wilson's will has been
appealed to the Supreme Court. One of |
these cases set aside caused much comment
among the acquaintance of the testator,
and it was pretty generally agreed that the /
last disposition was the correct one without
reference to law.
While the law of testaments is very
nearly the same in all material matters in
all of our A States, yet as to the matter of
dover and courtesy there are many devia-
tions. In some States people of IL, females,
and IA, males, can make wills and in others
they are required to be of full age. In some
also marriage revokes a woman's will, while
in others she is regarded as having all the
power of femme sole.
How the Law Reads Elsewhere.
In Colorado dover and courtesy are not
but the survivor is entitled to
half of the estate. In Delaware grants to
religious corporations must be made a year
before the testator's death In the District
Of Columbia male infants of IA and female
infants of IL may devise personality. Be-
quests to charitable and religious uses must
be made 80 days previous to the death of
The testator. In Florida nun-cupative
wills must be witnessed by three people and
they must have been asked to witness. No
testimony is worth anything after six
months. Idaho recognizes neither
lower nor courtesy, but husband and
wife are heir to each other.
Neither does Indiana, but each is entitled