Iron County record. [volume] (Cedar City, Utah) 1893-1982, 1910-09-02

posed after they
have disappeared forever from the
earthly scene Such case occurred
few days ago In Chicago'when a man
of means simply placed an estate
valued at 100000 in the care of
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 It was intended, and no doubt
this was a gratifying achievement.
For, after all. the will that every sen.
sible man Is supposed to make does
not always fulfil its obpoct and thus
the world sees contest OF claimants
which is often less desirable to view
than a church quarrel.
The will, as an instrument of the
law, owes its development to the
Romans. India did not know of Il be-
fore the conquest, and It was but a
rudimentary affair in Mosaic law and
In ancient Athens. The early Roman
will was effectual during the lifetime
OF the person who made II, and II was
irrevocable. it's object being to secure
the perpetuation of the family. Thus
the hereditas was vested In a person
who could be relied upon to carry on
the family name and traditions. often
such Wills we're made on the eve OF
battle. and they were published in ac-
cordance with the law
When Constantine the Great caused
Christianity to be recognized by the
state. this act had its effect upon will
making, inasmuch as the duty OF Civ.
ing requests to the church was en-
couraged Monks and heretics. how
ever. were not allowed to make Wills
or to take requests Then again. Wills
were deposited In churches; indeed.
In England the church exercised juris-
diction In testamentary matters for
centuries. Up to 1858 the probate and
custody of Wills lay with the English
ecclesiastical courts, but the careless
ness to which the documents were ex-
posed at the hands OF lazy and incom-
petent officials led to vigorous crit
fcism of the system by Charles Dick
ems and other writer's. and. as a con-
sequence. the church lost Its ancient
privilege.
IN modern days, by reason of the
prosaic language of legal craftsmen.
Wills have lost much of their inter
est as purely human documents; but
II one were to set himself to the task
OF writing the social history of great
city like New York. from its begin
ming, he could do no better than delve
into the records of the surrogates
courts. All Wills are probated there;
children are adopted under the direc-
ton Of the surrogates; 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 to be found in the probate
generations. and II is possible to 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 II cannot be avoided, the fam
lily quarrel is bound to be aired when
gate. Many elements enter into these
ontests-dissatisfied heirs, forgery.
undue influence on the part of per
sons who have been associated with
the property owner: the existence OF
more than one will; vague and indeti-
mite language In a mans last tesla.
ment, Cor "all things which are so writ.
ten In a will as to be unintelligible
are to be on that account regarded as
though they were not written"
Russell Sage, who disposed of a
vast estate without INDUCING in SUI
perfiuous words. adopted a simple
method to prevent litigation over his
property A clause of his will read:
Should any OF the benefciaries un-
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 in contrasting the same or
any provision thereof. or the distribu-
ton of my estate hereunder, then and
in that event | annul any bequest
herein made 10 such beneficiary. and
II Is my will that such beneficiary
shall be absolutely barred and cut of
from any share In my estate" There
was no contest. although II was said
that the beneficiaries grumbled.
One OF the most dramatic will cases
In the history OF Massachusetts, was
tried a few weeks ago in the probate
court Of East Cambridge. where two
claimants appeared TO tight for a
share OF Senator Daniel Russell's es-
tate. valued at $4,000 BY his will
the elder son. William C. Russell. was
directed to share the estate equally
with his brother. Daniel Blake. who
had disappeared In 1885. after quar-