The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1904-10-26
A Mau' 5 Will.

| Inc disposition made By will with
in week Of two great fortunes, one
the largest in Philadelphia, and the
other usually held to be one Of the ten
largest in the city, will inevitably
raise discussion as to the wide free
dom allowed by statute and common
law to testator.
The power to draw will is neither
a constitutional nor natural right.
1t Is exclusively the product of law.
No country leaves it more free than
the United States. 10 all European
countries will under which man
leaves all his property to one descen-
dant is prohibited by law. Under tie
Code Napoleon, and this is q general
rule OF European law, the utmost
share of his property over which a
man has complete testamentary con-
trol is one half. He cau aia1ata shat.
The rest he must leave to his children
and he must divide it among them un-
der ratio imposed by law, from which
he can vary only under narrow limits.
| Louisiana has preserved this limi-
tation. A will leaving all an estate
to one descendant would not stand un-
der the statutes of the State. Some
other States in the Union impose SINH
lar limitations, but most leave man
free to do as he will with his own at
death. In this State the only limita-
tion imposed is that che wife's dover
right, which at common law attaches
only to real estate, now attaches also
to personal property, 80 that any wife
can, il she chooses, take one-third of
the estate il less be left to her by che
will, or one-half If there is no child,
her ownership Of that much of the
personal property being absolute and
of the realty for life.
In England theoretically and legally
a mans control over his property is as
complete as it is in American States,
recent statutes having abolished the
special privileges in regard to realty
enjoyed by the eldest son, but custom
in these matters is stronger than Law.
A tradition in existence for centuries
establishes the habit in England, q
habit 30 strong that it has more than
the force Of statute, that the bulk
of large property shall be entailed to
the eldest son. Where the eldest son
comes of age during his father's life
time. it is nearly always the case in
large properties that q settlement is
made, which could be made just as
we'll here as far as the law is concern
ed, by which the son accepts life in
terest in all he inherits with the ex-
pectation that a deed Of settlement
with his eldest son will in due time
keep the property in the same line of
descent and division, the eldest son
receiving nearly all and the others g
mere pittanoe. 1t is in England
equally rare, (outside Of the novel;
that an eldest son is disinherited or
that the estate is divided among q
number Of children equally.
The Courts in this country, power
fully influenced by public opinion,
which prefers tolerablv equal divis-
ion of property between the children
snd wife, (if one survives,) have gen.
orally regarded with q friendly eye
attempts to break wills in which some
one descendant or kin received dis
proportionate share. All the various
decisions and the large amount Of
Judge.made law under which various
wills Of this character have been bro
ken really represent public feeling
in behalf of general division of any
property left by will, as strong in
this country as is the sentiment in
England in favor of keeping the pro-
perty together.
The law of most Of our States not
only leaves testator without restrict
tions, but taxation is relatively light
as compared with the English practice
in levying duties upon estates which
pass through probate. The commun-
ity here has wisely felt that it was
more just and more equitable TO tax
property while 8 man was living and
not to levy an impost too enormous on
it's devolution. This policy has been
consomitant with and in q sense re-
warded by the very liberal public be-
quests made by those possessing large
fortunes in this country.
Most large American fortunes are
marked by great gifts Of this order.
Should such gifts disappear, should
will after will leaving great fortune
pass without. any recognition of just
public claims, movement will un-