River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1913-05-29
POPULAR TALKS ON LAW
Wills: RFeakahIe
and UnbreakahIe
BY Walter K. Towers, A. g., J. o., Of the
Michigan Bar.

Samuel Hendrix had a SON q
fact he almost regretted, for he
seemed thoroughly bad and the
father had expended much of his
roperty in keeping the boy out of
all. Naturally enough, Samuel de-
sired that on his death his wife and
daughter should receive all the re-
naming 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 will, SO he called
in his wife, Esther, and his daugh-
ter, 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 property under the will,
for it is general rule of law that
no one who witnesses a will may
take any benefit or receive anything
from that will. Had Samuel Hend-
rix possessed a bit more informa-
ton 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
drafting his will. The preparation
of will is usually task of an at
tornev, and good one, but there
are cases of emergency when
lawyers services are not readily OBJ
tainable. If the estate is small and
not scattered, and the disposition
that is to be made of IL is simple,
direct and clearly understood, it re-
quires no great knowledge to draft
1h SASNLAfC WILL III bly CNCAL
some information of the laws gov
erning the disposition of property
on death is interesting, as we'll as
decidedly useful.
A will is ever a fascinating in
strument. The preparation of it is
a serious matter and into it the
maker puts his deliberate and we'll.
considered 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 he has passed beyond:
they display his true attitude toward
friends and relatives.
Death is the great inevitable.
Tax dodgers are famous, but death
dodgers have thus far achieved no
notoriety. The will is made in APP
probation of the inevitable end and
takes effect upon decease. 1t is
thus that one may be assured that
his wishes in regard to the DISPOSE
rion of his property will be regard
ed after death. The power to make
a will has not always been recog-
nized by the law. The will is stated
to be of Roman origin, but, be that
as it may, the power to will is now
firmly established 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
maker was lacking in intellect.
The mental capacity that is requir.
ed to make will may be enumer.
ated as follows: /. Ability to IN.
derstand the nature of a will and
that the maker is engaged in max
ing 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 o.
the family and others entitled to the
makers bounty. In general, any
person of full age possessing the
mental capacity described above,
and not subject to some specia
legal disability, may make
valid and binding will. In the ma
iority of the states the full age o