Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1913-07-18
Popular Talks on Law
WILLS: BREAKABLE AND UNBEATABLE
By X. Towers A. B. J. d. Michigan Bar.

is fastened together. Thus if the
will consists of several typewriter
or printed sheets, the last of which
alone is signed. another typewriter
page might be substituted for an I'M
signed one and the whole character
of the instrument altered. Soft the
entire will cannot be written on a
single sheet of paper, the various
pages should be so attached that
that they cannot be separated with
out detection. The pages are usual
ly stapled or pasted together at tn,
top and 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.
Further, the will must be signed
by the maker and witnessed in the
manner required by the statutes of
the state in which it is made. New
ada is the only state which requires
seal. The usual and proper meth
cd of signing is for the maker to
write his name in full at the bottom
of the will. Where the maker can
not write, his mark is sufficient.
Wills have been held valid when sign.
ed with initials, or parts of the name
or by a stamp, but such methods are
dangerous. If a person is for any
reason incapable of writing he may
authorize another to sign his name
for him.
Not only must will be signed but
1t must also also be witnessed, and
that in the strictest form, Some
states require but two witnesses:oth
ers three, but it is always best t.
have three witnesses. AS was point
ed out in the case of Samuel Hend
rix, the witnesses must be person!
who have no interest in the will, anC
it must be seen that neither they MOI
their near relatives are to receive
anything under the will.
The manner in which a careful at
torney completes the necessary
formalities, having written the will
itself and secured the witnesses is
somewhat as follows: All the persons
makers and witnesses-must be in
the same room and all in sight OF
each other. The maker declares the
will to be his and writes his sigma
ture, with all the witnesses watching
him. Then each of the witnesses in
turn signs his name, the entire party
still remaining together. While a
will is usually dated, this is not nee
essary. No registration is required.
The original will is filed in safe
place, usually by the maker among
his papers, and copy put in another
place. The copy is not will, but is
useful in proving the contents of the
will if the instrument should be des-
troyed or altered.
Having made a will and wishing
to change it, the maker has two gem
eral courses open. He may write
another will, in which he expressly
revokes the earlier one, or pen a rev.
ocation, either of which instruments
must be signed and witnessed as a
will. Or he may take the will and
by tearing it up, burning it, or draw
ing lines through it, with the inten-
ton of revoking it, cause it to lose
all effect as will. In Iowa this act
must be done in the presence of wit
nesseS and in all cases it is best to do
so.
On the death of the maker, those
interested in the will usually secure
the services of the attorney in hav-
ing it probated and the estate adj
ministered. Of course, the person
named in the will as executor may
place it before the probate, or SINH
lar court, but he usually finds it sim
pier to have lawyer arrange mat
tiers. If no executor has been named
by the maker in his will, an admins
traitor is appointed by the court. 1t
is the duty of the executor or adj
ministrator to care for the deceased
property and see that it is distributed
according to the terms of the will
under the direction of the court. Of
course, the will and proof of the
makers death must first be placed
before the court and the validity of
the will established.
In determining the meaning Of a
will, the court is always guided by
the cardinal principals that the in
tention of the maker of the will is to
be determined as accurately as pos
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