The Portland daily press., 1895-11-18
WILLS.
Mr.. f. c, Payson's Talk To the Women's
Council.

MF. =. ". EdySOu Ionu d ptpoi
Saturday on Wills before the
Woman's Council at the Second
Advent church. The paper was very
able and entertaining one, setting forth
the various intricaoies of the. "art OF
making Wills with exceptional clear
ness
When the paper was finished Mr.. Pay
son entered the witness box and upwards
of hundred women were the merciless
cross examiners. Mrs. George S. Hun
had announced that the lecturer would
answer questions, if there were any to be
asked, and there were many.
1t is impossible il a brief abstract to
do anything like justice to Mr.. Payson's
valuable paper. Here are few of the
points he made.
He prefaoed it by saying it was some
what unusual thing for lawyer to ad'
dress an audience of women on legal
subject but if with the right OF women
to vote comes the service of women as
Jurors it may be very wise thing for
lawyer to train himself to appear before
them without embarrassment.
A large proportion of the property OF the
world today has come to its present
owners through the wills or requests OF
others. Will, testament, and last will
and testament are synonymous terms.
The legal definitions of the words were
given.
ANY person of sound mind, twenty zone
wears old can make will. In this State
a married woman under twenty-one may
probably be considered competent to
make a will
The testator must comprehend the
nature of what he is doing and be of a
sound mind. An unmarried man can
do as he pleases with his property. A
married man must respect the rights of
his family and provide reasonably for
them.
The age of competency to will property
varies in different States, the majority
fix the age at 81 years.
A will must be in writing-it may be
in pencil, typewriter, printed or engraved
and be valid-pen and ink is the prefer
able form. The signature should be made
by the restator though 1t can be made by
another at his request
There must be three credible witnesses
not interested benefoially In the will.
They must be satisfied the will embodies
the desires of the testator. A seal is not
imperative in this State, but is usually
affixed. Witness OF testator may sign by
a ssmark" If they cannot write. Witnesses
need not know the contents of the will
An executor can be competent witness
though it is not the best practice.
Soldiers on the field or mariners at sea
can ke verbal will to the amount OF
$780, If greater amount is disposed OF
there must be three witnesses to the ex-
preston of his intents not financially in
terested.
Anybody can draw will, but it is I'M
wise for those unskilled in law to at
tempt 1t. ga man who is his own
lawyer, has fool for client.
With one or two exceptions, all wills
must be probated within twenty years of
the death of the testator. Any person in
terested may apply for the probate OF a
will. To secure this it must be shown
that the statutory requirements have
been complied with.
In closing the lecturer pointed out in
detail the various changes made in the
present law of descent, by the so-called
Savage act passed by the last Legislature,
which makes radical differences in the
law as to rights Of dover and courtesy,
practically abolishing both.