The weekly Iberian. (New Iberia, La.) 1894-1946, 1913-04-19
Continued from page l.

paper, the various pages should
be 40 attached that they cannot be
separated without deteciion. The
pages are usually stapled or past
ed 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 az he is
called, 10 initial each page III such
cases.
Further, the will must be signed
10y the maker and witnessed in the
manner required by the statutes
Of the state in which II is made.
Nevada is the only state which re.
quires seal. The usual and
proper method Of signing Is for
the maker to write his name in
full at the bottom of the will
Where tho maker cannot write,
his "mark' in sufficient Wills
have been held valid when signed
with initials, or parts of the name,
or by STAMP, but such methods
are dangerous. If a person Is for
any reason incapable OF writing
he may authorize another 10 sign
his name for him
Not only must a will be signed,
but 1t must also be witnessed, and
that in the strictest form Some
states require but two witnesses:
others thee, but it is always best
to have three witnesses AS was
pointed out III the case of Samnel
Hendrix. the witnesses must be
persons who have no interest IN
the will, and it must De seen TO
that neither they nor their near
relatives ATE to receive anything
under the will
The manner in which q careful
attorney completes the necessary
fOrmali,i-s. having written the
will itself and secured the wit
nesses is somewhat ass follows:
All The prrnons- maker and wit
nesses-must be in the same -oom
and all ia sight Of each other
The maker declares the will TO be
his aud wIito. his signature, 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
necessary. No registration is re.
quired The original will is filed
III safe place, usually by the
maker among his papers, and a
copy put in another place. The
copy is not will, but is useful in
proving the contents of the will II
the instl ument should be destroy
cd or altered.
Having made a will and wish
Ing TO change it, the maker has
two general courses open. tie
may write another will. in which
he expressly revOkes the earlier
one, or pen = revocation, either OF
which Instruments must be signed
and witnessed as a will. Or ht
MAJ take the will aud by tearing
it up, burning it, or drawing lines
through it, with the intention oil
revOkiDg II, cause it to lose all IF
feet as u will. In Iowa this acl
must be done in the presence Of
witnesses aud in all cases it is thu
best 10 do SO.
On the death of the MAKER,
those interested in the will usual
ly secure the services 1T All a,'"r
Dey in having it prObated and tht
estate administered. Of course
the person named in the will a,
executor may himself place it be
fore the probate, or similar court
but he usually finds it simpler Il
have q lawyer arrange matters
Ii no executor has been named by
the maker IN his will, an admins
traitor is appointed by the court
II Is the duty Of executor or admin
istratOr TO care for the deceased,
property and see that 1t ls die
tributed according to the terms Of
the will under the direction of tn,
court. Or course, the will an(
proof of the makers death mus
first Do placed before the cOur
and the validity Of the will estab
lished.
In determining the meaning Of
q will, the court Is always guided
by the cardinal principe thar thu
intention of the maker of the vii
il to be determined as accurate,,
as possible from the instrument
and effect given thereto.
The task of the person makin1
q will is to realize it's impo, lance
weigh all the possibilities careful
~ and state them clearly. Til,
task of the lawyer is to warn til,
maker of the varions con,iDgen
cies that may arise i he maker,
peculiar circumstances to affec
the disposition of his property
and to see that all of the neces
sary f0rmalities have been com
piled with. A will IL not thins
to be made hastily. or without in
formation COnni6nr thnrnnUh =