The herald., 1897-01-25
CURIOSITY OF WILLS
Some PecuIiarities of Will
Contest Cases
IN easy ROAD TO RICHES
Scheme Preventing Attacks Be.
ing Made on Wills
THE LAW IN CONNECTICUT
A Legacy That Was Left 10 . Pair Of
Trousers
Copy of Document That Caused 4 Family
Division
C,,r;ous Surmise Whether Testa tors
THE LAW IN CONNECTICUT
A Legacy That Was Left 10 Z Pair Of
Trousers
Copy Of Document That Caused q Family
Division
A Curious Surmise Whether Testators,
On the Other Side the Styx, Re-
alize How Their Wishes
Are Observed

There is probably no one more capable
of giving his or her friends genuine sur
prise than the executive testator. And 1t
may also be added that If the immortal
shade of deceased testator or testatrix
realizes, ON the other side of the river
| Styx how his or her most earnest wishes,
as outlined in the document wherein
disposal is made of the decedent's prop
| erty, are ignored, scoffed at, contended
against in courts of law, their joys must
| be minimized or their pains very much
| enhanced.
| No sooner has one will contest case
been disposed of in the superior court
of this county, than another takes its
| place in riviting public attention. The
last will of Sonora Conception Alaniz,
which certain members of her family
are seeking to have annulled, once again
| draws attention to the fact that if a
testator has any property to dispose Of
it is hardly safe to attempt to do so by
means of the old fashioned will.
Times were when the law surrounded
the last testament of a person with al
most a halo of sanctity and only
clearly proven corrupt influences ever
set it aside. 1t may be that in the AL
aniz case, inasmuch as corruption is al
legged, that the law will rightly interpose;
but as the contest of will has become,
| nowadays, the rule (when large interests
are involved) and not the exception, the
public is not wrong if in a general way
| it looks aSkance at contestants when
| they make their appearance.
| The particulars of the attempts to
break the Fair will in San Francisco are
common property, and are especially
notable for the peculiarly barefaced
manner in which the forms of law were
taken advantage of by one side or the
other to pervert justice.
| In the light of such facts as these ones
sympathies are enlisted in behalf of
measure introduced by Judge John H.
White, in the Connecticut legislature
couple of years ago. 1t was simple
scheme for the practical prevention of
attacks on wills. and was calculated to
stop what is becoming scandal and
reflection on the judicial system.
The bill provided that every person
upon making a will might deposit 1t
with a legal officer, who should give pub
lie notice that win had been so offered,
and that all who desired to attack the
competency Of the testator should have
a sufficient time in which to offer evil
dence and bring the matter to a deciS-
ion. If no objection to the testator's
competency is made within the specified
time, the will could not be attacked upon
that ground after the testators death.
The contents of the will are, under the
suggested plan, not disclosed even to its
custodian. No one has any ground to
attack it because he is let out or gets less
than he thinks he should have. Under
such circumstances people would think
twice about attacking the testamentary
competency of a man or woman who is
there to make personal defense espec-
tally when they are uncertain how the
property has been devised. and
that they may be biting off
their own noses. The proposed
law did not require any one to deposit
his will. 1t merely gave to every person
the opportunity to make sure that his or
her intentions should be carried out, and
the growing scandal be diminished.
Another point provided for was that
the judge, in his charge to the jury in
will cases, so instruct them as to the
weight of evidence, and the verdict that
is demanded by the law. Will cases
present questions of law about which the
judge knows infinitely more than the
jury and perhaps no more infamous
practice can obtain than that of break
ing a will on technical points, when the
intent of the testator is clear.
Unfortunately the measure alluded to
was defeated in the Connecticut legisla-
ture in 1895, but such bill would prove
of immense advantage in this state.
The method upon which these will
contest cases is too often conducted is
indicated in the story of a certain law
yer, who also happened to be Sabbath
school teacher. He was urging upon his
class the need of a firm belief in things
spiritual when small boy exclaimed,
in wild-eyed amazement: why, sir.
heard you tell a witness in court the
other day that you didn't care what he
believed. All you cared about was
what he knew
1t is interesting to surmise what in
fuence the uncertainty of his will be-
ing administered has upon some testa-
tors. Very probably there are many
who, realizing the uncertainty of the
matter, determine to make things, at
all events, just trifle lively for their
heirs. An individual of this sort in
vited four hundred friends to his fun
eral at o'clock in a winters moning.
They were not previously informed.
however, that every lady who attended
was to have $1100, and every gentleman
$1,000, under a provision of the will. and
so only twenty nine presented them
selves That case occurred in England.
In this country such will would surely
have been declared void.
"A Brooklyn resident left seventy one
pairs of trousers which We're to be sod
by auction-the executors being requir-
ed to see that no purchaser of one par
should be allowed to bid for another. A
few days after the sale it transpired that
one of the purchasers had accidentally
discovered ten S100 bills sewn in the
waist-band, and each of the other pur-
chasers, on examining his bargain,
found himself in equal luck.
Some time ago Detroit attorney hal
occasion to look up some old records, ana
had his attention directed to the follow
ing whimsical will:
Il, William Darling, of Grantness, IN
the township of -, county and district
of -, Western Canada, esquire. being
in sound health of body, and my mind
just as usual. which my friends who
hatter me say is no great shakes at the
best of times do make this my last will
and testament. as follows, revoking Of
course, all former wills.
Il leave the property Of Grantness