Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-08-27
,,or REEVES CoaRECrs A MOTION
ENTERTAINER COMMONLY.
c-ornds Upon which Wills Are Con-
,c,ted with success-Reauircmc
- New York statutes Regarding
Wills
New York SUM

4, worry easily broken. 1t is certain that
..s provide much occupation for law
-. Last year young lawyer who was
..stod Mt the New York Law School.
|. ring 10 the overcrowded condition
u, .se profession, exclaimed:
GLOW on earth young lawyer is TO
.. .e a living can't understand. for 1
e. 30 way
..lt " answered his older brother at the
,.- where there's will. there's a
a.," and so many lawyers and laymen
ma.
lessor Alfred C. Reeves, Lecturer
,- wills and Real Estate at the New
,.-. Law school. is not OF this opinion.
an. saws that very few wills are broken,
a.. .. ought TO know, for he has spent
.... o. study on the subject. When
.t.r .thy il was that wills were easily
,.... he parted the question with an
va. ,hcv?" ne asked. 81 think not"
, ..tfuued, answering his own ques-
- .The average person knows very
,... 1s the general subject Of wills.
. across such an interesting thing
..... Few days ago relative TO the an
.. az wills IL seems that two wills
.. r. emily discovered with some num-
- .r Kahun. formerly 1llihun,
-. The evidence was such that IL is
....-Tv certain that one OF the wills
-.. there IN the year 1850 3. c.. and
.. ....- iu the year 100 B. G. The last
.,... executed, attested and witnessed
.. persons I'm substantially the
.. way that Wills are executed, at
....t and witnessed in New York state
ottoman nature is queer when IL comes
..,. Do continued Professor Reeves,
,..r..r 20 his subject. There IS a natu-
-r ceiling In the human mind which
,..te t1 run counter TO what the con-
Census II public opinion regards as the
f.. way 90 dispose Of property after
g...h All the same. do not believe that
many Wills are overthrow; the great
,....-.ty stand Indeed. the great MAORI
tv hat are contested stand, and are car
.vrv. then. Is It generally believed
tl.- wills are easily brokenT' asked the
reporter. go
.rr4t Is easily explained. When will
LIZ. the Tilden will or the Fayerweather
sal. is contested, it becomes a topic OF
general interest. and is widely discussed.
thus the popular mind gets the idea that
wins are easily broken. whereas l0"O
v..., are admitted 10 probate and sustain
al where one IS Overthrown.
"Whv are wills overthrow? In the
first place most people procrastinate.
They put off and put off making VIII
until mind and body are broken Gnill
-.-tim-ntary capacity IS gone, until tney
.-. easily Influenced by others, and 50
D..
Undue influence or mental coercion, as
we'll as incapacity. Another reason Is
connected largely with the fact already
mentioned. As / said. the public has
scheme for the disposition OF property
~ deceased persons, and the theory on
which the will in modern times Is based
S. that if the testator is going to run
counter 90 the provisions that the state
fas made. the evidence Of his having
made a valid will. and as 70 just what
fnat will contains must be very clear ana
emphatic; hence. the making Of Wits IS
leiced about by very exact statutory
requirements.
aWheu a will Is offered for probate 1t
must be proved afhrmauvely by the pro-
rarent. and in most instances by two Wit
r.sees. even though nobody Is obJecuns
f.u. The main causes for the overthrow
irr OF so many wills really involves two
heads. one IS that so many people, In
making their wills. desire 10 do what no.
bodv has ever done before. Each man
has his own pet individual scheme, anC
insists upon his lawyers carrying II out
.ven 81 f. has 10 devise means 10 evad,
tho aN IL this be possible. The deedinl
of property is done by a stipulated form
i. ia man wishes to deed his property be
f..s 10 "a lawyer. and IL is done in reg
u.aaon way. but when it comes 10 makinl
wills as a result Of pet schemes, LAWYERS
arr called upon TO edge on the very Dor
der line OF what the law permits. This Il
| illustrated in the disposition Of testator
600 give their property 20 charity IN
| attempt 10 check that disposition very
carly Jed TO statutes prescribing how muci
property could be given 10 charity ana ull
dtr what circumstances. statute eXlaU
which forbids the testator who leaves
wife or q husband or children or parents
from giving more than half of his properr
o. charity The attempt 10 eYade tina
statute led 10 the litigation over the IA
NOUS Fayerweather Will That case IN
,.Ned q question Of the right 10 give
more than one-half Of an estate L
charity. Briefly stated, Mr.. Fayerweathe1
had an understanding with his executor
That they should apply his residuary es
t.tss TO certain institutions, but by codl
oil he gave this estate 10 his executors
outright The court said that testato
could not do by secret trust that Whlcl
la could not accomplish by means or
direct gift. and that the executors coul'
lu. be allowed 10 keep the property aoso
lH..lv. because that would be fraud OF
Oh. testator; that they could not be per
u.ttod 10 carry out their trust because
that would be an evasion of the statute
Ile executors. therefore. held the pro
I.rtv for the benefit Of the heirs and mex
OF Kin 90 the testatOr; but in ms cast
these heirs had released their interest II
me estate. and, as they were the ON!
ones who could raise this point, the exc
l.tors were bound TO carry out the secre
trusts imposed upon them by the testator
''Thls desire to do something individual
8. regard 10 ones will crops out in the
vi 10 Of the man who has labored nara
| l..n successful. and accumulated pro
I.rfr 90 control the destination OF ina
property lie likes to leave'his fortune 20
t..t 10 and his family shan never p'
separated. This tendency In testatorS ha'
always had 10 be resisted by the law
because TO allow IL to operate would tl'
L. property take IL out of the market
ana cause business TO staenate. IN Eng
'aal YOU can leave property ued up u
ans number OF lives in being ana twenty
one years and "a fraction over; III New
York YOU can tie II uD TO TWO peoplt
t..y who are alive when the testator dles
ana twenty-one years and traction
That holds good in regard 20 real pro-
rIrtV and not uersOnai. personal property