Cameron County press. [volume] (Emporium, Cameron County, Pa.) 1866-1922, 1910-08-04

of means simply placed an estate
valued at S2,O00.000 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 it's obpect and thus
the world sees a contest of claimants
which is often less desirable TO view
than church quarrel
The will, as an instrument of the
law, owes it's development TO the
Romans India did not know of 1t be-
fore the conquest, and it was but
rudimentary affair in Mosaic law and
In ancient Athens. The early Roman
will was effectual during the lifetime
of the person who made it, and it was
irrevocable, 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 it's effect upon will
making inasmuch as the duty of Civ
ing bequests to the church was en-
couraged Monks and heretics. how
81, 70 ,p1r will
or to take bequests. 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
icism 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
If one were to set himself TO the task
OF writing the social history Of a 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 difcc-
ton of the surrogates; they appoint
guardians and discharge them again.
al, . 1,.. ,I tt.srs
discretion; they settle and distribute
the estates OF the poor and rich. Thus
there IS 70 be found in the probate
records the details OF social life by
generations, and it IS 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
lily quarrel is bound to be aired wher
will contests are tried before surro
gate. Many elements enter into these
dissatisfied heirs. forgery
undue influence on the part OF per
sons who have been associated with
the property owner; the existence o
more than one will. vague and indeii
mite language in mans last testa
ment. for "all things which are so writ
ten In q viii as 90 be unintelligiblC
are TO be on that account regarded a.
though they were not written"
Russell Sage. who disposed Of +;
vast estate without iudulging Ia 50
porHuous words, adopted a simple
method to prevent litigation over hi
property. A clause of his viii read
should any OF the benelciaries un
der this. my will. other than nay safe
wife. object to the probate thereof. o
IN any wise directly or indirectly con
test or aid In cuntesting the same o
any provision thereof. or the distg.bu
tion OF my estate hereunder, then 0u
in that event ! annul any bequos
herein made 10 such beneficiary. au
% is nay win that such bcaencilr
shall be absolutely barred and cul u
from ans hare 10 my estate" Thur
was uo contest. although g. was sai
that tbe beuehCiar'es grumbled ID
tie hir
ono oI thr most dramatic viii case
IA the history uf Massachusetts wa
tried I.W weeks aFo in thr pruhat
court OF Ea.t Cambridge. whore "a
claimants appeared to fight for
share al senator Daniel Rus SELLS a
tate. Wu.I ar ftaoUU0 ny DTS wi
the elder oH. William g. Russell, Ha
directed fY share the estate eqgall
with DOT ..H.r Daniel uaEr. wh
had disappeared IH ffta. u'f.r O. qI1
Iel WITH aI mflar TH. ur.t c."H
aui bbY .rH. fram Na.ur N %. .H
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ot william , H..a.a .al H.. r. "a
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