Omaha daily bee., 1907-02-04

HAAAmA "
OMAHA. Feb. ITO the Editor OF The
Bee: In recent editorial when speaking
OF the EFFORT which is being made 90 change
the Law Of descent In this state. you said
that II would he we'll II along with this
effort campaign u education for making
wills might he carried on ] most heartily
approve your suggestion Every one who
has given any thought TO the subject OF
descent and distribution Of property under
the statute knows that the best that can
be done IL to provide general rules; and tn
arriving at what such general rules should
be, the legislators try TO determine what
viii be best In the largest number OF cases
The past week I appeared before the
judiciary committees OF both the house ana
the senate OF our legislature in behalf OF
the proposed descent law. I think IL PEG
pie generally could have heard the express
sions repeatedly made in both OF thess
committees that any general rules which
might be made viii work an Injustice In
many cases that there would be such
making Of wills as was never known before,
II must be apparent 20 any one that a rule
which might be best for the division OF his
estate among his own relatives would not
be the best rule when applied to the e.
tate Of his neighbor. Popularity Of cir
CNinEfABctt IN every trinity ought 70 DC
considered In distributing the property and
every person who has an estate ought to
see to il that IL goes 70 those who are
most entitled TO It.
Another strong reason for making Wills
is that a win makes an estate a matter Of
record and simplifies titles. Where q per-
son dies without will owning real estate. II
goes 10 his relatives in the order fxed by
statute. II Is always a question of fact
open TO possible controversy Rs to who are
the heirs When one desires to purchase
the real estate Of heirs Of an estate he
hunts around until he finds the persons
whom he believes TO be the heirs Of the
deceased and takes deeds from them II
he has made a mistake and omitted some of
them they. may come In afterwards and
claim their share OF the property. though
he may have paid for II before. This very
thing is occurring every day. II renders
titles of the property of intestates SO dan
gerous that II is said in some Of the east
ern states that property which has passed
through Ave administrations is unmarket-
able This danger can be avoided by
making a wiz. The viii names those who
are TO take the property: this leaves no
uncertainty about the ownership. Then a
copy Of the win is placed upon record in
ths once OF the register OF deeds and the
chain of title is thus made complete. Where
there, Is no will there Is a break in the
record title.
Under our law the widow never inherits
the fee 10 the property IL hC- husband
leaves any blood relatives whatever DIM
culties often arise attending the setting of
Of dover. This may be simplined by a will
giving her a life use in certain portions OF
the estate. or an absolute title to q pari
thereof and the other portion absolutely
70 the heirs.
Under the Law where there Is no will ths
real estate cannot be sold for the payment
OF debts without proceeding In the dis.
trict court ana a showing of the neces-
sity therefor. and a license granted by this
court 20 the administrator to sell so mucl
of the estate as may be necessary TO pas
the debts. The property is then sold 81
public auction to the highest bidder. II
a win Is made authority may be given Il
the executor 10 cell the property necessar.
for the payment OF debts at public or pri
waite SALE thus saving the delay and sK
pense of the proceeding in the distric
court. A testator by his viii may nam,
his executor instead OF leaving It TO tn
discretion of some court. who cannot know
and is not well qualified TO select
manager OF the estate as the deceased
himself. II frequently happens that tn
person appointed Is the last person whom
the deceased would have chosen TO die
charge that peculiar trust. The decease,
IL the one best qualified to choose the per
son whom he desires to manage his AFFAIR
for him after he is gone. and he ought q
name such person before he dies
There are many other reasons why II 1
best 10 make a win. but II seems TO m
that the above ought TO be sufhcient Z
compel everyone during his lifetime to ar
range for the disposition OF hts propert
after ne is gone. I hop you viii. thr0ugl
the columns OF your paper. carry on tn
csmpaign Of education of which you speak
DANIEL L. JOHNSON.