Waterbury evening Democrat., 1904-02-19
HOMEMADE WILLS.

There is Endless Trouble to Lawyers From This Source.
 There is no proposition in law which most persons think they know so much about as the making and executing of wills" said a leading member of the Essex county bar one day last week, says the Newark Gall. And he added, s'it is matter of proposition about which they really know so little. Any lawyer with d good office practice will tell you the same thing, Were it not for the fact that some of the cases we encounter are pathetic and positively injurious to the persons who bring them to us, they would be humorous. Some of the propositions which are put to us are so ridiculous that they scarce ly seem like the doings of intelligent persons They talk with their friends, conclude that they know what is nec- essary in will and for its proper execution and go ahead with it. Then the testator dies, and the trouble be- gins. There is found to be something wrong, more than likely in it's exeeu- ton, though almost as often in the fact that the wording of the document Is nothing like the actual and well known intentions of the testater Next comes family sauabbles. visits to lawyers and frequent protracted and expensive litigation. All that could be avoided by having some competent person, preferably law yer draw and attend to the execution of the will in the first place. e
 One instance of the folly of having inexperienced persons draw a will was given last week by another law yer. He was struggling with some tickling propositions in will case into which he had been called, when The estate and all the parties interest ed in 1t had become almost hopelessly involved
 'Yes," he exclaimed, ssthis is a fair sample of the mess most persons get into when they monkey with techni- cal legal proposition. They save a few dollars at the beginning, they think, but in the end they often waste q very comfortable estate This will is as bad as a will drawn by shoe maker which was called into con- sultation about some time ago.
 An elderly Irishnan died in the Week. section Of the city, according to the lawyers story, leaving real es- tate worth $50,OOO oEssmore It had been accumulated by himself and his wife. Both were thrifty. though neither was blessed with much educa- ton. general knowledge or even nat tlral intelligence. > The husband de- cfded to make a will when he felt that his days on earth were nearing and end, but. still imbued with no- tions of thrift and saving, decided not to go to a lawyer. One of his closest friends was neighboring shoemak- efs who had. also amassed as comforts able fortune, and who was intelligent and fairly well educated. He told latter of his desire, and the shoe maker promptly informed him that a lawyer was not needed in so simple a matter as the drawing of will
 Eve seen wills, and could draw one" he said, and on the following day he did so. The testator and the necessary witnesses signed in proper form, and the documenta was stored away. When the testator died, few months later, his wife was advised to consult lawyer as to what had to be done under such circumstances She did so. producing the will and re 8 7
 sThe property is all mine now. but I wish James was here with me yet"
 When the lawyer had finished read ing the will he astonished the woman by telling her that under it she had only a life interest in the property, and that while she could use the in come from it, she could not sell it. but would have to keep 1t in repair, and all taxes. assessments and other expenses on it paid up. As there were no children, she was told. it would, at her death, be divided up among the next of kin of herself and her husband, regardless of any desire she might have to dispose of it by will. s
 For time the woman would not believe what she was told. declaring that her husband had told her almost with his last breath, that he had left everything to her. to do with as she pleased. She also declared that the slhoen,an who drew, the will knew that to be the intention of her husband. She named the man, and said he was q shoemaker in the neighborhood He was sent for. and under question ing declared that he knew when he drew the will that the testator meant to leave a1l the property to his wife. to do with as she pleased. He had drawn the will that way, he declared When the lawyer convinced hi mthat as matter of fact he had so drawn 1t that the widow had only life in terest in the estate he was dumb founded Asked how he came to do such 2 thing he exclaimed:
 ''why. had another will, and I just copied it off. I thought 2 will was 2 will. and that they were all the sen1e.''
 
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