Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-07-16
THE MAKING OF WILLS
INCREASING DIFFICULTIES IN THE
WAY OF EXECUTING BEQUESTS.
A Plan Proposed to Avoid the Danger
of Contests Such as Have
Lately Been Brought.
To the Editor of The Evening Star:

To the Editor Of The Evening Star:
1t long since has been matter of doubt
in the minds of most Intelligent people
whether or not it is safe to make will.
The law for the distribution of a man s
estate who dies interstate is just and eQuit-
able-human ingenuity could not make 1t
more so-and unless mans domestic rela-
lions are abnormally complicated 1t is not
difficult to determine the correct identity Of
the heirs and put them in possession Of
their respective legal portions Of the prop
erty of the deceased. But If a man does
not elect to avail himself of the wise pro-
visions of the law, but desires to dispose of
his Accommodations by written instrument,
drawn and executed with all the necessary
formalities, in majority Of the cases he
has constructed q solid foundation for end
less litigation, family dissensions, tearing
into shreds his own character, depreciation
of his intellectual capacity-in short, he has
produced a state Of things calculated to
make a peaceful man curse the Cadmean
invention which makes wills possible.
There are certainly as many eminent law
yers now as formerly, successful and
capable, and one would think that the eX-
preston of mans desires in unambiguous
English is surely no more difficult than
hitherto, and yet 1t seems impossible to
frame a will which cannot be made the oc-
in the probate courts. Nobody could doubt
the ability of Commodore Vanderbilt to
make a WILL yet bitter contest was begun,
with prospects of an indefinite continuance,
until it was blocked by surrender of mill
lions to the opposing heirs. The Stewart
will was bombarded by an army of vora-
cious claimants, until want of ammuni-
ton compelled cessation OF hostilitles.
The will of the astute lawyer and states
man, Samuel ]. Tilden, was dragged along
to the highest court Of New York, with the
result Of in part defeating his well-known
intentions in regard to the disposition or
his own property. The Dancer will is an
other well-known case. The money in this
case, acquired by long course of faro and
other games. passed to the gamblers wife
and daughter and at the mothers death
to the daughter. Miss Mary NJ. Dancer found
herself the possessor of nearly half mil
lion dollars. In her will she bequeathed
the property to various charitable and re-
ligious Institutions, ignoring her fathers
relatives, who took the warpath to the sur
rogate's court, and no doubt if the testator
had been alive she would have blushed at
her own audacity in being so presumptious
as having tried to dispose of her own prop
erty in her own way. Still a later will,
that made by the late Jacob s. Rogers.
which left $S,00000o to the Metropolitan
Museum Of Art in New York, is likely to
be contested by disappointed relatives. who
did nothing to help him amass the fortune
he desired should go to the museum. Many
other instances Of like character might
be mentioned, but they are familiar to al
most everyone. No doubt money and repu-
tation would have been saved-at least rep
utation-if these Wills had read, Il give and
bequeath my estate to the probate law
yers."
In this age Of the world, when the Gus
toms Of antiquity are not SO much regarded
as formerly. 1t would seem that some
remedy might be devised to eradicate the
evils arising from a contest Of the last
known wishes Of man who IN life was
regarded as Of profound wisdom and
sagacious business ability. Great evils re-
Quire radical treatment, even to the over
turning of established customs. This evil,
which is constantly growing more serious,
might be stopped by law permitting the
probate of Wills before the death Of the
testator. The details to be observed be-
fore the surrogate, such as furnishing him
with list Of the names of all persons who
would be entitled to share In the distrbu-
ton of the estate. and such other matters
necessary to bring the case before the
court, could be easily determined. and all
matters touching the competency Of the
testator to make q will could be decided
during his lifetime. and the validity OF the
document fully established. Then he could
depart this life with the conviction that his
wishes relative to the disposition Of his
property would be carried out to the letter.
and that he would not be Obliged to rest
under the stigma Of an unsound mind: or
that II fraud had not been used he would
have made different disposition Of his
property.
OF course, such a law need not be made
mandatory: It might be left optional with
the testator whether to avail himself OF its
provisions or allow his will to be probated
In the usual manner. Such measure need
make no change in the present law: 1t
would be. In addition, presenting merely
an alternative that could be resorted to in
casa Of an anftoinated contest after tina