The Detroit times., 1913-07-18
Daniel s. Remsen, of New York,
Tells of Lawyer-ProOf
Legacies n
INSTANCES TESTAMENTS
OF PROMINENT MEN
Will of J. p. Morgan Model for
Other Men, Says Au-
thOritv

auuress on preparation of Wills, re-
Gently at the convention OF the Penn
sylvanla Bankers association in Bal
timore. He instanced the faulty Wills
OF individuals OF prominence and held
up the will OF J. Pierpont Morgan
as model. He suggested ante-mor-
tenn tests Mr. Remsen said In part:
The present generation is demand
ing better Wills than did it's predeces-
sor, and the legal profession is re-
spending 70 that demand. The will
of the late J, Pierpont Morgan Is a
product Of that demand. 1t is a type
of the best class. II suggests wise
foresight In It's plan and a skillful
hand in its preparation. There are
three distinct classes OF Wills.
|. Those that are both safe and
sound.
2. Those that are sound but not
safe
3. Those that are neither safe nor
sound.
Mr. Morgan's will is, OF course, both
safe and sound. The will OF the late
Edward II. Hartman is clearly sound.
but we must class II as unsafe. The
will OF the late Samuel ]. Tilden Is,
OF course. most conspicuous ex-
ample of will that is both unsafe
and unsound.
The Hartman will was hailed by
the press throughout this country as
model will and one which testators
would do we'll to initiate For this
reason II becomes a duty TO mention
this will by name and TO use IL as
type Of our consideration.
For Mr. Harriman's purpose his will
is not open TO criticism. When how.
ever, II becomes the subject of great
praise In the public press as a model
for the preparation OF other wills,
cannot. in justice TO the thousands
OF innocent people all over this coun-
try who have copied this will as their
own, LET this opportunity pass with
out sounding note Of warning. Do
not misunderstood me. Mr.. Harri-
man and his lawyers knew the condi-
tions with which they were dealing
They Were preparing Mr.. Harriman's
Will. not a precedent for other Wills
II Is only when this will is viewed as
precedent, when people copy IT,,
when IL is used TO At quite different
financial and family circumstances
that II presents Objectionable features
Indeed all wills may be said TO pre-
sent Objectionable features when used
as presidents without competent legal
advice
For an example of perfectly
sound will that is exceedingly unsafe
and liable TO defeat the wishes of its
maker, let us refer 10 the will of the
late Albert G.. Bostwick. son of Jabez
A Bostwck. Of Standard Oil fame.
His will was substantially the same
as the Hartman will Like Harri.
man, Bostwick gave everything 10 his
wife. The important difference in
the two cases was created by the fam
lily circumstances. Bostwick had four
children born 10 him after he made
his will and Hartman none. Mrs.
Hartman took all the property given
to her by her husband Mrs. Bost
wick did not. The four Bostwick chill
dren born after the making of the
will took the bulk of the estate as II
no will had been made. Mrs Bost-
wick took what was left. and the
child born before the making Of the
VIII TOOK nOInlnE.
The Hartman will makes no pro-
vision whereby real estate could be
sold for the payment OF debts II
was not necessary in Mr.. Harriman's
case because OF his wealth Real es-
tate OF a deceased person is subject
TO qualified lien for the payment OF
debts. Therefore, speaking generally.
a devisee canont give a good title
free from that lien prior to the run
ming OF the statute unless proper pro.
visions are inserted In the will
The late J. Jennings McComb made
millions In his life time from a little
patented article TO fasten steel hoops
around cotton bales: little piece OF
iron known as cotton tie Al the
time of his death he was the owner
of the far-famed Spanish or Navarro
fats in New York, now called the
Central Park apartments. The liti.
cation concerning his will was long
and bitter. II resulted in the destruc-
ton OF several trusts. including a
trust Of those eight great apartment
buildings. II wiped out the codicil
designed TO prevent a particular mar
riage in his family, and In a large
measure otherwise defeated his plans
!. have no means OF estimating the
cost OF this litigation, with accuracy,
but we are told that the executors
expended between $4,000 and s75. 900
In making an unsuccessful attempt TO
sustain the will Nothing is known
Of what II cost the heirs.
The late Henry r. Plant. the prin.
cipal owner OF the great Plant system
OF railroads In Florida. was also a
resident OF New York. He took
chances with the rule against per.
petuities, and his huge trust for the
benefit OF his descendants wholly
failed and I'm effect his will was ad.
Judged void. The cost of the litiga-
ton concerning this viii is also said
TO have been enormous. exceeding half
million dollars on both sides.
might mention the wills OF
Charles T. Yerkes. Mrs Eddy, Robert
Mather and scores OF other recent
Wills. both in New York and else.
where. that have been wholly-or part
ly wrecked by an apple OF iiscord "
Until will takes proper form. Il
is simply a mental state. II is a con.
dition OF the mind with reference 70
matter. II Is an aspiration. a wish.
a hope with reference TO family and
estate after death.
II the client appreciates the i'm
portance ~ having a safe and sound
Will. he must give his lawyer a fair
chance and demand his best service
When his will is complete. he must