The Opelousas courier., 1904-07-16
GONE MADE WILLS COSTLY.
LAWYERS FIND GREAT TROUBLE
FLOWS FROM THIS SOURCE
It Seems That a Majority of Persons
Imagine They Can Draw Their OWN
WilIs-The Blunders They Make
Are Expensive.

ecuting of Wills" said a leading mem"
Der of the Essex County bar one day
recently to O Newark Call man.
"And," he added. sit Is a matter OF
fact that there is probably no legal
proposition about which they really
know so little. Any lawyer with a
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 bringt them to us,
they would be humorous. Some OF
the propositions which r put to us
are 50 ridiculous that they scarcely
seem like the doings of Intelligent
persons. They talk with fheir friends,
conclude that they know what is ne
cessary in a wall and for its proper
execution and 80 ahead with It. Then
the testator dies and the trouble be-
gins. There is found to be something
NErong, more than likely In its execu-
ton, though almost as often IN the
fact that the wording Of the document
Is nothing like the actual and we'll
known intentions Of the testator.
Next comes family squabbles, visits
to lawyers and frequently Drotract-
ed and expensive litigation. All that
could be avoided by having some com
petent person, preferably a lawyer
draw and attend to the execution OF
the will in the first place"
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
ticklish propositions in a Will case in
to. which he had been called, when h
estate and all the parties interested
In it had become almost hopelessly
involved.
EYES," he exclaimed, "thts is a fair
sample of the mess most persons get
into when they monkey with a tech
nical legal proposition. They savS
a few dollars III the beginning, they
think, but in Che end they often waists
a very comfortable estate. This will
is as bad as O will drawn by a shoe
maker, which 1 was called into con-
sultation about some time ago.
An elderly Irishman died in the
"Neck" section of the city, according
to the lawyers story, leaving reaa
estate worth $4,000 or more. 1t had
been accumulated by himself and his
wife. Both were thrifty, though
neither was blessed with much educa,
ton, general knowledge, or even MS
tural intelligence. The husband de-
| cided to make a will when he felt
that Ms days on earth were nearing
an end, but still imbued with notions
Of thrift and saving, decided not to
20 to a lawyer. One Of his closest
| friends was q neighboring shoemaker,
who had also amassed a comfortable
| fortune, and who was intelligent and
| fair.v well educated. He told the Lat
ter o. his desire, and the shoemaker
| promptly informed him that a lawyer
was not needed i'll so simple a matter
as the drawing CT a will.
give seen wills, and / could draw
one" he said, and on the following
day he did so. The testator mad the
necessary witnesses signed in proper
form, and the document was stored
away. When the testator died a
few months later, his wife was ad'
vised to consult a lawyer as to what
had to be done under such circum'
stances. She did 80, producing the
will and remarking:
"The property Is ell mine now, but
I wish James was here with me yet"
When the lawyer finished reading
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 income
from 1t, she could not sell 1t, but
would have to keep it in repair, and
all taxes, assessments and other ex
penses 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 hus
band. regardless Of any desire she
might have to dispose Of it by will.
For a time the won;au would no
believe what she was told, declaring
that her husband had told her almos
with his last breath that he had lief
everything to her, to do with as she
pleased. She also declared that thu
mar who drew the will knew tina
to be the intention of her husband
She named the mali, and sail
he was a shoemaker in the neigh
borhood. He was sent for, AM
and under questioning declared tina
he knew when he drew the will tina
the testator meant to leave all tn
property to his wife, to do with a
she pleased. He had drHwn the will
that way, he declared. When tn
lawyer convinced him that as a mat
ter of fact he had so drawn 1t tina
the widow had only a life interest !
teh estate, ne was dumbfounde6
Asked how he came to do such
thing, he exclaimed:
"Why, had another will, and
Just copied it off. l thought a wi
was a will, and that they were a
the same"
0Jlt-JiTSu,U