Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1892-07-17

IL was done. ana TIE eonssss over ths
noble psrposs has long since ended
The VIII Of the great New York law
YER. Richard Nswcombs. Who dSsinher-
tied his dAa9hses bscsnss she etoped
with theatrical manager named Led
sr~r. finds somethnS Of . parallel In
the testament Of Jerome b. Fellows,
whose daughter sued in vain FOR share
IL the large estate
The viii Of j. ID. Iagersoil. who dis
inh<rites: his nearest Of kin and gave
his entire estate 10 utter strangers. was
successfully contested on the ground Of
undue influence.
The brothers Of Daniel r. Lyddy
made vain attempt to secure pos
session Of the estate, which was be-
aueathed 10 the wife, Mime. Connolly.
whose smuggling experiences are still
fresh IN the public mind
But the disinheritance of both wife
and children Is by no means infroqnent.
Isaac Haisey, the millionaire. disposs-
sessed both wife and son and their con-
test was absolutely in vain
In the Astor family the practical dis
Inheritance Of Henry Astor marks .
precedent for the last win Of William
Astor. Nor was this act of inheritance
single In It's enforcement. II was =
specific part of the will of the second
John Jacob and Of the late William
Astor as well.
Another instance of disinheritance
was that of Malcolm Ford, the noted
athlete. The millions of the father
were left entirely 10 two crippled sons,
nor has the stronger brother ever by
word or act endeavored 70 thwart the
fathers last wishes
But there Is a shade of injustice in
these laws of inheritance which found
have not been materially changed for
half . century. There was an old
Roman law which permitted . court to
throw out win entirely IL 1t was ap-
psrently unjust to heirs. On this the
French law OF inheritance is based But
the English and American are very
much alike. and il the testator dies clear
headed any disposition of his estate he
may decree is construed to the letter.
Perhaps the most famous of New
Yorh's probate lawyers is ex-Surrogate
Rollins, and To him went for informa-
ton as To necessary changes in the laws
governing wills and inheritances.
1--WE really have very sensible law In
this state" said he. though 1t might
be wise To limit the testamentary power
SO as to make it impossible for tesla
tor 10 cut of his wife and children. As
il is now the wife Is not well protected.
Her one-third life interest is of no par
ticular value. In fact, there is NO inhi-
bition against giving away the entire
estate TO strangers.
Grounds for contest? They are very
few. One Is the charge Of undue infiu-
ence, the other Is incapacity, and the
third is insufficient execution By this
latter I mean failure to follow the laws
directions in the construction of last
will We have no 'inofhcious' Wills.
such a. arc provided for In tho code
now in operation in France. That
contains at least the principle Of the
old Lex Romano, which provided for
the annulment Of wills that are unnat-
ural and patiently unjust The English
law Is like ours; or rather ours II framed
on il.
For Afty years there has been no
change in the essential features Of the
law of wills or the law of inheritsnces.
There are three statutes. you know.
that of wills, that of descent aud that
Of distribution. That OF descent re-
lates exclusively TO realty and that of
distribution to personal property. They
do not differ materially"
asked Mr.. Rollins II IL was possible
for testator to provide in any way for
keeping an estate practically intact, as
it was believed was being done with the
estate which has descended through
from the original John jacob Aston to
William Waldorf Astor.
mol There Ii no way Of doing this
1t cannot be done by the Interpolation
Of trust proviso or otherwise. A tes-
tator has absolutely no power TO con-
troll the disposition of his estate, or any
part Of il, beyond the last survivor of
two specified persons In existence at
the time of his own death"
DAVID WECHsLYh