Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1899-12-14
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beville county: y y },5E ..i
!. The will of DR.. w. M. Grier
was not admitted to probate because
there were only two subscribing wit
nesses. 4, Il, :.. &l
@ The will Of Mrs. Ferguson, wife
of J. G. Ferguson, was refused pro-
bate for the same reason. #
3. The will Of DR.. j. w. Thomas
was signed in the presence of only
two witnesses, but in the codicil the
will itself was recognized, and the
codioile was signed by three wit
nesses. This act apparently reme-
died the will, but when the witnesses
wore confronted with the following
affidavit they declined to subscribe
to it on the ground that they did not
sign it in the presence of each other.
Fictitious names are given:
>"Personally appeared John Jones,
subscribing witness to tho annexed
instrument of writing, purporting to
be tho las will and testament of
Thomas Brown, late of Abbevillo
county, deceased, who being duly
sworn, deroseth and saith that he was
present, aid did SEQ tho said instru-
ment Of wiiing duly executed by
the said Thomas Brown. And de-
ponent further saith that the said
Thomas Brown at the time of exc
cutting the said instrument of writ
ing was to the best of deponent's
knowledge and belief, of sound and
disposing mind, memory and under
standing; and that he (tho depo-
nent) and Samuel Smith and Will
liam Wilson in the presence of each
other, and of he said Thomas Brown
and at his request, signed their
names as witnesses, to the due exc
cutiop of the same."
Dr. Grler was learned man, and
the President of Erskine College :
DIR. Thomas was graduate of Ers-
kline College and a man of rare in
telllgence and education Mrs. Fer
guson was not deficient in education.
She had good education and was a
reader of the newspapers.
We mention these facts to give
emphasis to the prevailing negli-
gence on the part of our people to
Inform themselves on the legal re-
quirements lin the most important
act OF a mans life-the disposing of
his property. The law on the sub
iect is as follows:
."All wills and testaments of real
and personal property shall be in
writing, and signed by the party cxe-
cutting the same or by some other
person in his presence and by his
express directions, and shall bo at
tested and subscribed in the pres
cncc of the said tcstator, and of each
other, by three or moro credible wit
ncsses, or else they shall be utterly
void and of none effect.'
a layman would express the idea
that it is almost impossible for the
best lawyer in the country to write a
will which will stand the test of the
courts, and for this reason one of
two courses should govern the testa-
tor in the wording Of his will,
namely: lie must either got law
yer who understands his business, or
else he had better write it himself
An cold field lawyer" with his
"chimney corner law" almost invari-
ably gets the testator's lcgatees into
trouble. The reason for this is, that
such people have an irresistible de-
sire to use legal terms with the full
meaning of which they are unac-
quainted. For instance-the words
"share and share alike" after the
expenditure of largo sums of money,
changed the Course Of big estate in
this county. The word "heirs" may
be his children, but if he has none,
his "heirs" may be 30 remote as to
include the State and county. The
State may inherit.
The sensible thing for the average
citizen to do, is to avoid all repeti-
tions and legal or technical phrases,
and speak so definitely as to leave
nothing to be "understood." Let
him say exactly what he means in
the fewest words that will express
his wish.
Except, however, in the rarest in
stances, it is not well to write wills.
If man has wife and children, the
law itself makes the best and most
equitable disposition of his property,
and does so without expensive law
suits, and without giving irritating
causes of friction between the fam
lily. IF, however, for any reason
special provision is to be made for
any member or members of the fam.
lily, then the will should be written
in LANGUAGE 40 Dlain that thoro ia nr