The Rich Hill tribune. (Rich Hill, Mo.) 1903-1911, 1910-07-21


earthly scene. Such a case occurred
a few days ago In Chicago when a man
Of means simply placed an estate
valued az S2.0OO.000 in the care Of a
trust company for the benefit Of his
four children. Thus with one stroke
he satisfied himself that his property
would reach the hands OF those for
whom e Was intended, and no doubt
this was a gratifying achievement
For. after all. the viii that every sen.
sible man Is supposed TO make does
not always fulfil It's object and thus
the world sees a contest OF claimants
which IS often less desirable to view
than a church quarrel
The viii. as an instrument Of the
law, owes its development 20 the
Romans. India did not know Of Il be
fore the conquest. and a. was but a
rudimentary AFFAIR in Mosaic law and
iu ancient Athens. The early Roman
viii was odectual during the lifetime
Of the person who made &. and 81 was
irreyocable. SIS object being 10 secure
the perpotuation Of the family. Thus
the hercditas was vested IA a person
who could be relied upon 20 carry on
the family name and traditions. Often
such Wills were made on the eve Of
battle. and they were published In &C.
oordance with the law.
When Constantine the Great caused
Christianity q be recognized by the
state. this act had its effect upon Will
making inasmuch as the duty OF Civ
ing requests 90 the church was en-
~couraEed Monks and heretcs. how
ever. were not allowed 20 make wills
or TO take ~bequests. Then again. Wills
were deposited IN churches: indeed.
In England the church exercised jurls.
diction In -testamentary matters for
centuries. Up q 1855 the probate and
custody OF Wills lay with the English
ecclesiastical courts. but the careless
ness to which the documents were eK-
posed at the hands OF lazy and incom.
petent officials led 70 vigorous crit
icism OF the system by Charles Dick.
ems and other writer's, and. a. a con-
sequence. the church lost its ancient
privilege.
IN modern days. by reason OF tho
prosaic language OF legal craftsmen.
Wills have lost mvsh OF their inter
cot as purely human documents. but
- one were TO set himself 90 the task
uf writing the social history Of a great
city like New York. from It's begin.
ming. he could do no better than delye
into the records Of the s~urrogates
courts. An wills are probated there;
children are adopted under tho direo-
lion Of the ~Eurrogatea: they appoint
guardians and discharge them again.
when minors reach the age OF legal
discretion they settle and distribute
The estates Of the poor and rich. Thus
there is 10 be found IN the probate
records the details OF social life by
generations. and it f. possible 10 trace
the evolution OF families. old and new.
and their rise and fall on the tide OF
fortune
The skeleton In the closet Is often
revealed by legal procedure. and.
though Il cannot be avoided, the fam.
ily quarrel Is bound to be aired when
WIN contests are tried before a surro-
gate. Many elements enter into these
coutcsts-dissatished heirs. forgery.
hAAhN AhHNHNNh va NAN NAAA W ENAr
sonH Who have been associated with
the property owner. the eKlstonee OF
mere than n viii. vague and indoH.
mite language IA a mans last tesla
mont. for "Rli things which are 80 writ
ten IN a win as 10 be unintelligible
are 10 be on that account regarded rs
though they were not written"
Russell Sage. who disposed Of a
vast estate without INDUCING IN SUI
poriuous words, adopted a simple
method 10 prevent litigation over his
property A clause OF his viii read
should any OF the bcucfciarlUs uu
der this. my will, other than my said
wife. object TO the probate thereof. or
IN any wise directly or Indirectly con
test or aid "a coptcstlng thU anne or
any provision thereof. or the distribu.
ton OF my estate hereunder. then and
In that event / anuul any boQuost
herein made to such beneficiary, and
Il S. my viii that such beneficiary
shall be absolutely barred and cut OF
from any share In my estate" There
was no contest. although it was said
that the bcnehciarios Erumbled q lit
tie BIT
One OF the most dramatic viii cases
IN the history ci Massachusetts was
tried a few weeks ago In the probate
court % East Cambridge. where two
claimants appeared 10 night for a
share OF Senator Daniel Russol's Is.
tate, valued at s750.0O0. BY his will
the elder sor. william C. Russell. was
directed to share the estate equally
with his brother. Daniel Blake. who
had disappeared In 1855, after a quar-
rol with his father. The FIRST claim
ant. who came from Mcdor. n. ID, and
was popularity known as Dakota
Dan" did not meet with the approval
Of william c. Russell and his cousin.
Ferdinand II, Almy, who asserted that
tho mans real name was James ID
Rousseau or Russaw, and that he had
fanniariEed himself with the history
uf the Russell family before putting