Ceredo advance. [volume] (Ceredo, W. Va.) 1885-1939, 1910-08-10

Vi HedHS SIMPLY pldCeO an estate
valued at 100000 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 1t 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 obpect and thus
the world sees n contest of claimants
which is often less desirable to view
than q church quarrel
The will. as an instrument OF the
law. owes It's development to the
Romans. India did not know of 1t be-
lore the conquest, and 1T was but a
rudimentary affair In Mosaic law and
m ancient Athens. The early Roman
Will was effectual during the lifetime
of the person who made it, and it was
!rrevocable, its 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 were 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 Engand the church exercised juris-
dfct3on 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 n 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
If one were TO set himself to the task
of writing the social history of a great
city like New York, from it's 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
hAx =,
the estates OF the poor and rich. Thus
there is to be found in the probate
records the details of social life by
generations, and 1t 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 1t cannot be avoided, the fam
lily quarrel is bound to be aired when
will contests are tried before a surro-
gate. Many elements enter into these
contests-dlssatisfied 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 indefi-
mite language in a mans last tesla
ment, for "all things which are so writ
ten in will as to be unintelligible
are to be on that account regarded as
though they were not written"
Russell Sage. who disposed of
vast estate without indulging in SUI
perfuous 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 contesting the same or
any provision thereof, or the distribu.
ton OF my estate Hereunder, then and
in that event l annul any bequest
herein made 10 such beneficiary. and
II is my will that such beneficiary
shall be absolutely barred and cut off
from any share in my estate" There
was no contest, although # was said
that the benefciaries grumbled a lit
tie bit.
One OF the most dramatic will cases
In the history OF Massachusetts, was
tried a few weeks ago I'm the probate
court of East Cambridge where two
claimants appeared to fight for Il
share OF Senator Daniel RusselPs es.
tate, valued at S75O.OOO. 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 -SS5, after a quar-
rel with his father. The first claim
snt, who came from Medor. n. d.. and
was popularity known as Dakota
Dan did not meet with the approved
Of William G. Russell and his cousin =.
Ferdinand y. Amy. who asserted this
the mans real name was James ID
Rousseau or Russaw, and that he had
familiarized himself with the history
Of the Russell family hnfnre n,1ffino