Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-25
MAKING WILLS IN CHINA.

Property Must Be Left in Accordance With
the Dictates of Natural Affection.
From the Chicsso Herald.
The Perak government gazette publishes a
memorandum by Mr.. Waters, British consul
at Canton. from which it appears that the
Chinese statute book does not take any notice
Of wills. There is no law as to the formalities
Of making will or to the extent to which man
may deal with his property by it. Neverthe-
less, the owners Of property among the Chinese
constantly resort to this mode Of distributing
1t. The courts also take notice Of all testa-
mentnry dispositions in cases OF disputed sue
cession or division OF property. A will may DO
eithor oral or written. For the former Q man
has only to state in the presence OF . witness
how his property is to be dealt with after his
death. A written will may have witnesses, but
their presence is not necessary. As matter of
fact the testator generally writes out his will
privately and then intrusts it to his wife or
hides 1t away in some safe place.
As rule the contents of the will are not
known to more than one or two until after the
testators death. In theory q man in China
may dispose OF his property az he pleases, but
this is based on the assumption that he will not
do anything contrary to the dictates of reason
and natural affection. Thus a man may will
away his property from his sons, but the court
NAV SET the will aside. unless sufficient reason
is shown. The most common reason given ia
unfihal conduct But as to this the unsup-
ported statement of the father or even Of both
parents is not PROOF. II, however, q brother
of the mother testfes to the unfilial conduct of
a son or sons the testator's action in disinher-
iting them is sanctioned.
man may also name in his will the male
relative who is to represent him at the ancestral
worship and other great family affairs. This is
o very important power. the representative
generally gets double share of the inheritance
and has very great influence in family matters
IL a man has no sons he must appoint as his
representative son of brother. and. If there
are no nephews, then some more remote de-
scendant of the ancestor. If there is no one of
the family he may elect a stranger, one with
different surname. If this person is properly
adopted into the family he shares the property
with the others, and he must dispose Of it &C
cording to the fathers or testator's expressed
commands.
Chinese wills do not know anything of execu-
tors or administrators. II there are several
sons, each with certain funds, or shares. or
made for each if desired. But the original
which is retained by the legal representative,
is often sufficient. He, with the assistance of
senior relatives and the elders OF the district,
carries out the provisions Of the will In the
Interpretation of a will and in the carving out
OF the arrangements, when there is any doubt
or difficulty. it Is the universal custom to con-
suit with the elders of the place. The final ap-
peal. however, is to the local authority The
mandarin. as q rule. gives force to the desires OF
the testator and orders the will to be obeyed.
unless there is something in its provisions con-
trary to law or good mo. ais.