Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-04-12

Samuel Handrix had a SOFA fact
he almost regretted for he, seemed
thoroughly bad and the father had
expended much Of his property in
keeping the boy out of Jail. Natur.
ally enough, Samuel desired that on
his death his wife and daughter
should receive all the remaining pro
perty and the son none. So he wrote
the following:
when l die it Is my will that all
my property be equally divided be-
tween my wife, Esther, and my
daughter, Sarah.
"(Signed) Samuel Hendrix.
Samuel had heard that witnesses
are necessary to will, so he called
In his wife, Esther. and daughter,
Sarah, and had them watch him
while he wrote his signature and
then sign their names below his.
The result was that neither the wife
nor the daughter could take any pro-
perty under the will, for 1t is a gen
eral rule of law that no one who
witnesses a will may take any ben
eft or receive anything from that
will. Had Samuel Hendrix possess
ed bit more information Of the law
he would have called others as wit
nesses and his wishes could have
been enforced.
This illustrates but one OF the
many pitfalls into which one may
fall in the very important task OF
drafting his will. The preparation
of a will Ia usually task for an
attorney. and a good one, but there
are cases of emergency when a law
yer's services are not readily obtain
able. If the estate Is small and not
scattered, and the disposition that is
to be made of it Is simple direct
and clearly understood it requires
no great knowledge to draft an effec-
tive will. In any event some informa
ton OF the laws governing the dis
position of property on death Is in
teresting, as we'll as decidedly useful.
A will is ever fascinating instru-
ment. The preparation of it is a
serious matter and into 1t the maker
puts his deliberate and well-consid-
cred thought. Thus it goes far to-
ward revealing the real spirit of the
maker The words of the will are
the words a man desires to leave
when he has passed beyond; they
display his true attitude toward
friends and relatives.
Death is the great Inevitable. Tax
dodgers are famous, but death dodg-
ers have thus far achieved no no.
toriety. The will is made in appre-
citation Of the inevitable end and
takes effect upon decease. 1t is thus
that one may be assured that his
wishes In regard to the disposition
of his property will be regarded after
death. The power to make will
has not always been recognized by
law. The will Is stated to be one
of Roman origin, but, be that as it
may. the power to will is now firmly
established and recognized by law.
TO make a will requires mental ca
pacity. We often hear of instru-
ments drawn as wills which are set
aside by the courts because the max
err was lacking In intellect. The
mental capacity that is required to
make p will may be enumerated as
follows: l. Ability to understand
the nature Of a will and that the
maker Is engaged In making his will.
2. Ability to know and keep in mind
the various items of his property. 8.
Ability to know and keep in mind
the members Of the family and 9th
ers entitled to the makers bounty.
In general, any person Of full age
possessing the mental capacity de-
scribed above, and not subject to
some special legal disability, may
make a valid and binding will. In |
The majority of the states the full
age of twenty years is required
of both sexes before the power to
make a will Is granted.
Married women were formerly de-
nied the right to will their property,
but modern statutes quite generally
give them that privilege. OF course,
IN insane person. lacking the requir-
ID mental qualifications, cannot make
/ will, nor can infants under age, in