The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1904-12-02
few WILLS FILED.
Only Four Documents Filed Uh=
der Law of 1908.

When the state legislature, two
years ago, passed law permitting
the filing of persons will in probate
court before the testator's death, it
was expected that the passage of the
act would be followed by considerable
business along that line. However,
the privilege granted by the state has
not been taken advantage Of to any
great extent, in this county, and so
far as known, the conditions are
about the same in other counties
of the state. In two years succeed
ing the passage of the new law there
have been only four wills filed in st.
Louis county with the judge Of prob
ate, that are to be probated at the
time of the death of the testators.
Of these four wills two were filed Dy
a man and his wife residing in Du-
luth.
Under the law no fee is charged for
filing the wills, and it has been a
matter of surprise to the probate
judges in Minnesota that more people
have not cared to act under the pro-
visions of the act.
Some of the probate court officers
claim that the law was passed so long
ago that people have forgotten its
existence, and that is the reason so
little interest is shown in the matter.
| Before the law was passed, probate
judges. particularly those in this
county, were frequently importuned
by people who wished to leave their
wills on file for safe keeping, before
their death, but the proffer of docu-
ments was refused then because the
probate judges could find no law
which would authorize them to ac-
cept persons will before his or her
death. The law, it should be under
stood does not provide for the pro-
batting of the will of live person, but
simply authorizes the court to accept
the document in the way Of a safety
deposit, subject to its probation at
the death of the testator.
The act making the provision is
found in sections one, two and three
! of chapter IA of the general laws of
! 1908. tsays that any will which is
I inclosed in a sealed wrapper having
! endorsed on it the name of the tesla
I tor, his place of residence, date OF
I filing, and the name of the person
deposlting it. may be deposited in
! probate court. either by the testatol
or some person authorized by the test
ator, and the judge of probate court
{ shall give the deposition certificate
= of deposit thereof.
During the lifetime of the testatol
= the will can be delivered by the court
: only to the person making it or some
= body authorized by the testator, or
= an order in writing. The writer
: order must be duly acknowledged anC
: witnessed by at least two subscribing
: witnesses.
If a will is left with the probate
3 court, after the death of the testatOr
: and at the first probate court session
8 notice thereof haYing been given, tb'
8 Judge shall open and give publicity tt
: the will, retaining the document.
3 Further, it is the duty of the judy
3 of probate holding the will to Civ,
) notice of the same to the executor o
) the estate of the testator or, il Their
5 be no executor appointed, to Civ
s notice to persons interested in tn
5 provisions of the will. II the juris
S diction of the case belongs to an
s other court. the will shall be delivere,
s to the executor named in the will o
g to some other trusty person intereste,
S in the same to be presented to TIL
S court having Jurisdiction.
S 1t is claimed that law similar t
s that passed in'this state for the ante
s norton filing of wills has been i
8 vogue in many eastern states for year
g past and it is quite the thing 70
g people to-use their privileges in til
9 matter. The provision was passe
9 for the convenience of the people and
9 i: is claimed, if taken advantage G
z more generally, it would prevent til
3 confusion that frequently arises owe