The San Francisco call., 1898-03-24
THE WILL-MAkING POWER.

| NLESS the Legislature soon 1nterleIeS WllIl lne ! tendency of trial juries to set aside wills 1t V cannot in the nature of things be very long be- fore 1t will be vain act to make testamentary dis position of property in California At present the law says that any man or woman of mature age, sound mind and free from duress may make will. The statute proceeds the theory that whoever by toll and sefdenial accumulates anything ought to have right to dispose of it after death in such manner as will best conduce to the rest and comfort of his or her declining years But the right to make will is statutory privilege only and for the req son that men in disposing of their property ire quenty perpetuate their meannesses and enmities beyond the grave uries do not look with favor upon last wills and testaments.
 The other day jury in Judge Coffey's court set aside the will of man named Brown for apparently no other reason than that the had not in its opinion made equitable distribution of his estate. Brown left $1o,ooo Probably half of this will be consumed before the lawyers get the case through the Supreme Court, and 1t IS doubtful whether, even if the will is finally broken, the legal heirs will ever get anything. Yet it appears that MT. Brown was of sound mind and distributed his property to his entire satisfaction. No doubt he would be considerably surprised were he to revisit the earth and discover that jury had solernly declared him incompetent to make will
 During several years the Supreme Court has been 
 of juries in will In decision Justice Mcfarland deplored at length the disposition of these bodies to remake the wills of dead men. He said was wrong for the living amend the testa- ments of persons who had attempted to reward with legacies those who had been kind to them in their last days, and always upon evidence which proved nothing except that the testator had possessed an irascb1e stomach or bad liver. Evidently the other Judges concurred with Justice Mcfarland in these views for last year the court reversed the verdicts of no less than five juries who had dissented from last wills and testaments.
 The practical effect of the statute on wills it at present exists is not to give force the laws of ccssion, which in when wills are broken, but to enable disinherited relatives to b1ackmal testa- mentary legatees. It Is the fashion in California upon the demise of rich man who held his legal heirs in disesteem for his relations to take up their residence in San Francisco and lay siege to his prop erty To avoid scandal and trouble the 1egatees of the deceased usually settle" and the disinferited heirs return to their Eastern homes in triumph This is bad for two reasons-one is that 1t dscourages immigration that would be permanent if the contests were prolonged, and another is that 1t establishes backmail as conspicuous legal industry.
 What the Legislature should do at Its very next session is to strengthen the wil1-making privileges the possessors of property abolish them altogether If the practice of breaking every will which is not  made to suit jury continues to prevail 1t cannot be long we have previously remarked before the privilege of disposng of property in this State will become hollow mockery. Nor will the Supreme Court be able to sustain the statte for most estates will be footed by the dsinherited before they ever emerge from the Probate Court
  Some one learned in the law should be called upon to define the difference between murder and the send ing to sea of a hulk laden with men ticketed foI the Klonde but destined assuredly for the bottom the ocean
 | Judge Campbell in giving pawnbroker title tc stolen goods the thieves chanced to leave with hin has established somewhat questionable industry or firm footing Reference is made to the vocation O burglary
 Moral support is promised to Spain by some of tht powers It takes something more than this to batter down walls. Moral support is little less effective than blank cartridge.
 l Bryan denies that he has said anything to inter viewers the Cuban question: and careful reading of his remarks seems fully to bear him out in thi l positiou