The copper era and Morenci leader. [volume] (Clifton, Ariz.) 1911-1929, 1913-05-23

estate is small and not scattered, and
the disposition that is to be made of
it is simple, direct and clearly under
stood it requires no great knowledge
to draft an effective will. In any
event some information of the laws
governing the disposition of property
on death is interesting, as well as de-
cidedly useful
A Willis ever a Fascinating instru-
ment. The preparation of it is q
serious matter and into it the maker
puts his deliberate and well-consider-
ed thought Thus it goes far toward
revealing the real spirit of the maker.
The words of the will are the words
man desires to leave when heb as
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 notoriety.
The will is made in appreciation of
the inevitable end and takes effect
upon decease 1t is thus that one
may be assured that his wishes in re-
gard 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.
De IudI DIS IL IhC PO"Oi ~ VII
is now firmly established and recoS-
nized by law.
To make a will requires mental ca
pacity. We often hSar of instru-
ments drawn as wills (which are set
aside by the court because the maker
was lacking in intellect. The mental
capacity that is required to make
will may be enumerated as follows:
/. 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. 3. Ability to
know and keep in mind the members
of the family and others entitled 10
the makers bounty. In general, any
person of full age possessing the
mental capacity described above, ana
not subject to some special legal dis
ability, may make a valid and bind
ing will In the majority of the
states the full age of twenty-one years
is required of both sexes before the
power to make will is granted.
Married women were formerly de-
MED the right to will their property,
but modern statutes quite generally
give them that privilege. OF course,
an insane person, lacking the required
mental qualifications, cannot make
will, nor can infants under age, III
most states.
The first great requisite OF VIII
is that it shall be in writing. This
does not mean that it need be writ
ten in long hand, though that is the
most desirable of all ways when the
maker is preparing his own Will.
wills and printed wills,
with the blanks filled in, are common,
and wills have been held valid when
prepared in many unusual ways on
substitutes for paper or parch-
ment The prudent attorney, in pre-
pairing a will, always sees to it that
the entire instrument is fastened to-
gether Thus if the will consists OF
several typewriter or printed sheets,
the last of which alone is signed, an
other typewriter page might be sub
stituted for an unsigned one and the
whole character of the instrument al
tered So, if the entire will cannot
be written on a single sheet of paper,
the various pages should be so at
tached that they cannot be separted
without detection. The pages are
usually stapled or pasted together at
the top and a cord is run through
them, tied and sealed 1t is wise
for the maker of the will, the testator,
as he is called, to initial each page
in such cases.