Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1913-07-18

Samuel Hendrix had soma 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. Natural
enough, Samuel desired that on his
death his wife and daughter should
receive all the remaining property
and the son none. So he wrote the
following:
"When 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 a will, so The 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 proper
ty under the will, for it is a general
rule of law that no one who witnes
ses will may take any benefit or re-
ceive anything from that will. Had
Samuel Hendrix possessed bit more
information of the law he would
have called others as witnesses 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 draft
ing his will. The preparation of g
will is usually task for an attorney
and a good one, but there are cases
of emergency when lawyers ser
vices are not readily obtainable. If
the estate is small and not scattered
and the disposition that is to be
made of it is simple, direct anC
clearly understood it requires nj
great knowledge to draft an effect
i've will. In any event some inform
alton of the laws governing the dis
position of property on death is in
teresting, as well as decidedly use
full.
| A will is ever a fascinating instru
ment. The preparation of it is
serious matter and into it the maker
puts his deliberate and well-consider
ed thought. Thus it goes far to-
ward revealing the real spirit of the
maker. The words of the will are
the words man desires to leave
when he has passed beyond; they dis
play his true attitude towards friends
and relatives.
Death is the great inevitable. Tax
dodgers are famous, but death dod-
gers have thus far achieved no not
oriety. The will is made in appreci-
alton of the inevitable end and takes
effect upon decease. tits 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 a will
has not always been recognized by
law. The will is stated to be of
Roman origin, but be that as it may,
The power to will is now firmly es-
tablished and recognized by law.
To make will requires mental
capacity. 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 men,
tai capacity that is required to make
a will may be enumerated as follows:
l. Ability to understand the nature
of will and that the maker is en-
gagged in making his will. 2. Ability
to know and keep in mind the vari-
Gus items of his property. 8. Abili-
ty 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 pos
sessing mental capacity described
above, and not subject to some spec
ial legal disability, may make valid
and binding will. In the majority of
the states the full age of twenty-one
years is required of both sexes be-
fore the power of making a will is
granted.
Married women were formally
denied the right to will their prop
erty, but modern statutes quite gen.
orally give them that privilege. OF
course, an insane person, lacking the
required mental qualifications, can
not make will, nor can infants un-
der age, in most states.