The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1899-11-01
Wednesday, Nov. l, 1899.
A. 70 Wills.

Within the last two months three improp-
erly executed Wills have been presented for
probate in the office Of the Probate Judge OF
Abbeville County:
l. The Will OF DR.. w. M. Grier was not ad.
mitted to probate because there were only
two subscribing with esses.
2. The VIII Of Mrs. Ferguson, wife Of ]. c.
Ferguson, was refused probate for the same
reason.
8. The Will Of DR.. ]. w. Thomas was signed
in the presence Of only two witnesses, but in
the codicil the Will itself was recognized, and
the Codicile was signed by three witnesses.
This act apparently remedied the Will, but
when the witnesses were confronted with the
following affidavit they declined 10 subscribe
to 1t on the ground that they did not sign 1t
in the presence OF each other. Fictious names
are given:
Personally appeared John Jones,
subscribing witness TO the annexed
instrument Of writing, gurporting to
Thomas Brown, late Of Abbeville
County, deceased, who being duly
sworn, deposeth and saith that he was
present. and did see the said instru-
ment OF writing duly executed by the
said Thomas Brown. And deponent
further saith that the said Thomas
Brown at the time OF executing the
said II ipstrumsnt OF wrislns was SO 70 Inc he
lief, Of sound and disposing mind,
memory and understanding; and that
he (the deponent} and Samuel Smith
OF each other, and Of the said Thomas
Brown and at his request, signed thier
names as witnesses, to the due execu-
ton Of the same"
DR.. Grier was learned man, and the Presi-
dent OF Erskine College; DR.. Thomas was q
graduate Of Erskine College and a man Of
rare intelligence and education: Mrs. Fergu-
son was not deficient In education. She had
q good education and was q reader Of the
newspapers.
. We emention these facts TO give emphasis to
the prevailing negligence on the part Of our
people TO inform themselves ON the legal re-
quirements In the most important act OF q
mans life-the disposing OF his property.
The law on the subject is as follows:
"Ail Wills and Testaments Of real
and personal property shall be In writ
ing, and signed by the party executing
the same or by some other person IN
his presence and by his express direc-
tions, and shall be atteeted and sub
scribed in the presence of the said tss-
tator, and o. each other, by three or
more credible Witnesses, or else they
shall be utterly void and Of none ef-
fect."
y A layman would express the idea that 1t is
almost impossible for the best lawyer in the
country to write q will which will stand the
test Of the Courts, and for this reason one OF
two courses should govern the testator in the
wording Of his will, namely: He must either
get q lawyer who understands his business,
:. or else he had better write 1t himself An
Al a Q11l rlt, t.to
law" almost invariably gets the testator's leg
atees into trouble. The reason for this is,
that such people have an irresistible desire to
use legal terms with the full meaning Of
which they are unacquaintei. For instance
the words "shsre and share alike" after the
expenditure Of large sums Of money, changed
the course Of big estate In this county. The
words "heirs" may be his children, but II he
has none, his "heirs" may be so remote as to
include the State and County. The State
may inherit.
The sensible thing for the average citizen to
do. IL to avoid all repetitions 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 bis wish.
Except, however, In the rarest instances, II
is not we'll to write Wills. II man has wife
and children, the law itself makes the best
and most equitable disposition Of his prop
erty, and does so without expensive lawsuits,
and without giving Irritating causes OF fric-
tion between the family. II, however, for any
reason. special provision is TO be made for
any member or members Of the family, then
the will should be written In language 20
plain that there is no possibility Of a misun.
derstanding.
Those citizens who have no family should
leave wills, directing the disposition OF their
property.