The herald., 1895-11-17
Here Are Many Facts About the Making and the
Breaking of Wills That Every One Ought
to Know and to Bear in Mind
Strong Broken and Of Weak Ones That We're
Held to Be Valid Thereore..Th Law to
the Signing o a Will and the Witnesses.
A Must Be Of Age

cases the prior will remains effcctuAl so
far as con ,istent with the provisions OF
the subsequent will. A COuicil may be
described as supplement- or addition to
a will. After bitter and expensive con-
tost the "Old Nance" document was de-
clared to be a valid oudicil; but if more
definite word of gift and a reference to
the existing will had been made it is far
less di9culty and more money. As IL
lustrating the necessity of Gle ,rness OF in
tention to dispose of ones effects, hero is
an example:
"Nina:-I wrote you yesterday hastily.
everything about mother, and all about
you-your children. l have reached the
point OF perfect independence pecuniari,y.
My health is probably ruined, and want
to anticipate possibilities. You and your
children get everything. : etc;
There was no contention as " who the
persons Nina and Brother we're. but aside
from all other questions 1t was held that
the instrument was not testamentary-it
did not pnrport thereby to dispose of the
property. Estate of Richardson, CAL,
IS.
II wish five Thousand dollars to 60 to
- in the event Of my dying interstate,
and the balance of my property to 60 to
=. to be disposed Of by him as his own
Judgment may dictate This instru-
ment, having been properly signed and
witnessed, and containing the names of
the persons intended as Observation-Disclosures
l have lett blanks. was sustained as a
will. The testator was declared to have
died testate and not intestate. (36 CAL,
75.)
The following photographic curiosity
was duly admitted to probate:
"CROLLDEpDRO. february 8. 1892.
this is to serify that lie levet mey wife
Real and persnal and she to dispose for
"PATRICK DoNoHUE."
Being held to mean: This IL to GER
THY that l leave to MY vile real anu per-
sonal property, and she is to dispose of
them as she wisnss.' Mitchell vs.. Don
ohue, 100 CAL, 202.
1t is not out Of place here to say that
Geographic wills are such as are entirely
written, dated and signed by the hand Of
no particular form, need not De witnessed
and may be executed in or out of this
state. They are proved in the same man.
ner as other privat. writings. And. speak
ing IN q general way, nunCupatlve Will
is one permitted to be made orally by
persons engaged in the military Or naval
service and afterwards reduced to writ
ing. They are subject also to soms sps-
cial conditions.
Concerning the subscribing of the IN
strument hy the tsstator, the following
case is instructive, and is another ex-
"August 20, 1881 Il, Bridget Guilfoyls,
leave $500 Give hundred dollars) for
masses at st. Patrick; also want nice
funeral, and all other expenses to be paid
from what l leayes aud the rest to my
equally. ~"
Witnesses: Ellen O'Connor, Emma
Endres, Mary DAY."
Concerning its execution the following
were stipulated ito be the fdcts: Tho
will was written bv the witness Emm q
EudIes, at the request OF the deceased.
Emma Endres real it over to deceased in
presence of the other subscribing wit
nesses and asked her If tn st was b er will,
to which deceased answered that it was.
Emma Endres handed her pen. De-
cased knew how to write her name, but
was too weak physically to do so: she
made the cross at the end of the writing
and declared it to De her will AMI asked
the three persona to si,,n it as witnesses.
The superior court held on those facts
that the instrument was not "signed" by
the testatrix, but this decision was re-
verssd. (96 CAL. $685. Section IA OF the
Civil Code declares that "signatare' or
81 description includes mark wDen the per-
son cannot write his nams, his name be-
ing written near it and written by per-
son who writes his own name as O wit.
ness. The term when the person cannot
write his name was construed 10 apply
to person inca pa BILE ply sically as well
as one VINO did not Know how, and the
words, Il. Bridget Guilfoyie, at the
commencement of the instrument, writ
ten by the witness Emma Emo sutfic-
iently complied with the remainder of
the requirements Of section IA as to sig ma
ture. The witness VINO writes tine name
of the testator need not sign his own
name in immediate proximity to the
name or mark II the testato,. Estate of
Langan, "a Cal, 543.
And. although n subscribing witness
did not Know, at the moment he signed,
that the instrument was a will. yet while
all the parties were together and as part
of. tns same transaction, if the testator
declares it to be his will, this is held to
be sufficient. Estate of johnson. 81
CAL, 500.
1t would bs going beyond the present
limits, both OF space and subject. to at
tempt more than an illustration of the
construction or interpret alton OF wills.
The same general principles OF Ionstruc-
ton apply t" wills as to other writings.
1t Is SAID, the intention Of the testator
must govern" and in arriving at this in
tention the surrounding circu stances
existing at the time of this execution of
the will. as we'll as the language employ
ed, are to be considered. The provisions
OF the law then in force may be included
as among tn0 surrounding CirCum-
stances, for the will 10 tu be cor sidered
with reference to the law then existing.
will does not take effect until the
death OF the testat0r, but in general it
Affects or operates upon persons and OBJ.
jecis as they existed in the minds OF the
t. stator at the time he executed it. For
further explanation of this those who
take an interest IN the jeot are refer
red to Estate of Hopper, 66 CAL, 81: Els.
tate OF Pearson, SO CAL, 30 Rhotvn vs..
Bleven, Id. 645. Even subsequent jeclar.
atoms of tho testator as to his intent lions
are rejected. Estate OF Gilmore, 81 Cal,
240).
While the law reports are replete with
contests as to whether the instrumen is
signed. dated. witnessed, etc., yet by far
the most numerous, rs we'll ~ the most
difficult questions arise from other mat
tiers. In fact the history of wills, Ms gath
cred from the reports, exhibits at once the
cupid ty, bsnevolence, tn love, hatred
and jealouSies: the wisdom, ignorance
AM foilies If mankind WIN remarkab bic
hdslity, anu with Kaleidoscope as we'll as
startling effects. Wills are being made
every day, and may b. made, that cannot
tie successfully attacked. and this is
especially so as to the formalities of ex-
ecutlon. bat when we consider undue in.
flence, nnsoun1ness of mind, careless.
ness, dishonesty and perjury, together
with unusual. unreasonable and eccentric
iCvisi ons insisted upon by testators, it
~ dst DC Conceded that no limits can be
dennet hevond which auocassfnt assa,,Its