The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-06-08
NAMING ILLS.
consideration Which VIA, Iseier Pcrpous
from Tr,ing Ihr'- own Nards ~ u.

TrIw IRE RuHr!0 'ogrtr
'Ch. yes. saii ildg. Marcus 81 the Sur
roga'"'S court yesterday. there ar" Wills
and wills. end. 90 course. a. nv cnur, has TO
do prln,ipsllv with wills. being known as
tho dead mans court, ~ see many peculiarly
drawn documents In the Cours" of a year
There are numerous questions which sus-
g.-, then elves when a v,l u foand ~
course. it must no determined whether of
not the apparent will WAS made, and the fol-
lowing list Of suggestions may 6e found
useful.
MAY no, the supposed will ba a forgery
Was It executed 10y tho deceased while
~ unsound uird'
Wa. il the result oI undue influence prac-
tlsed upon the DECEASED
Was n the result 81 fraud
Was IL subscribed by the ~tes'ator AZ tho
end thereof
Was II subscribed 10y two witnesses at the
end thereof
-pid tho ,c-tAtor requ"-; each witness
g. suh-crile a. ~nch'
-Iii IA. ~te-tstur subscribe ~ scknowleds.
hts subscription In the presence ~ each wit
ness
-pii the ,es,ator de- lare 90 each Nitncs.
a, ia. time ~ subscribing or acknowledging
tho subscription that the instrument was
HI. last will and testament
III tho will Is = will ~ real estate. was 4,
made 10y a person - year. oi axe or over
If the will Is a will Of personal estst" and
made by a minor. va, he Of the agc Of ~
wear, or inward or. II by a female. Wa she
OF the age 81 To or Upward
Has the will been revoked by q sub 60
anent will or writing executed With the same
formalui-s a. q viii. 10y a t",,ator IN press
ing, burning. tearing. csnc"llins ohNt"ratins
w destroying hi VII With the intent .nd for
tho purpN~. " r"vokins u or was II done hy
.V.t - VAHV-In In the ttafAtnF q THNanff anu
by III, direction
riase by the s~ubs"qucnt mhtriag" OF n man
and the hirth Of Issue before o. after We
tesiatot's death. Wher" the wife or issus
survive. and Tie VIII diSpos-d Of 'hc Shole
of '~-ta'or'- estate without provision bong
made Tor the issue by some settlement IA
the will. and vt.h his WeniioIins The is>le
IN he val IN such a way = 20 $40" the 'hI'h'
not to maze such a provision
Where the Will talls wholly. or In part,
hy reason Of being void fOr mcett"in,tN,
'.ssai7y suspendlnr The power Of alienation
directing ILLEGAL accumulation OF lncone
glf's beng made tn sub>ctibins Wines
whosr TESTIMONY l. necessary 10 Prove a
viii TOO large q portion OF the estate b"lns
given to charitable, literary ~ rehslou'
asso,i,tions where he te-tstor leaves a
| sush,nd' wife child or relative. gifts being
made 20 literary, charitable and reasious
associs,iou- Ia a vii not executed tSo months
before A 'estHtof'- death. ia. death oil a
iegat.e or de,i--e before the death OF a tes-
taiof tho rtu being made condiinnhllN
and ne condition having inll"d We lrshlT"
OF d.Nis-e being = corporation .Nhlch htN
not beer expressly authorized hN law 10
take under a vii. or which has exhausted
the c~tiuat" allowed hy law IA" SUB s"puent
"-iicfe arr an these and many other gues-
tons ohich may h. RAISED ."ucrrhihs mo
vail lit, Of wills. said iudg. N1rcp
wherever the VUl i ~ ssid" for any
II the rca~nu- have mentioned, ~" psflN
Intending ~ max" a valid vNl = Declared ~
haN. died lrts-fafs. and lt- vtyp~rtN W
stead ~ haiug disposed ~ hy WIl. A. ~ ~.
'.rdrd. take ~ ,|ur-" under IN" ststhi" %
di-'fihu'inu. coUfuuuly known g. w" m
t.si.te succession
-Thr Law u ,hi- state allows a p"rs"n To-
| dispcsr ~ hi- property N Any way -hAn. or
may follow IA. hsut ~ = mind which l. '-pfl-
rtn.s. unfair. fantastic. whii">i al, humorous,
frll - wandering th'uCh's AWAY con.
ditioncd. however. that tho I"r-ur T. - SOUND
mind. With t"-tsWputsrN ,sparltN, ara if""
from rard and undue n fuenc" and IN gem
eral II mav ~" said that ~" particular form
~ words h. necessary To- constitute q an
Nlth the exception 81 soldiers aud sailors,
whom the Law allows to make wills utallr,
there must 10 q written ~~tsi.n"nt 81 tho
,.-t,'or'- wish. -igr"d ~ him ~ already
outlined IN no case docs = vii have any
oparation uutl thu t'-ia'or's death "
n,t w., made upuu condition 80 that " viii
nj take ."c'' except under The circnn-
stance sps,i'"d
1T l. very common to wills
Win = formal statement %teCiting III" t~s-
,atpr's ospi'ity e. make a VIII, and the feel
irg~ wht~h move him 10 net These phrases
are not. however. - any legal force and may
be inserted - not. 81 pleasure