River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1913-05-29

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 insawe person, lacking the re.
quired mental qualifications, nor
can infants under age, in most states.
The first great requisite of a will
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.
Typewriter wills and printed wills,
with the blanks filled in, are com
mon, and wills have been held valid
when prepared in many unusual
ways on strange substitutes for pa
per or parchment. The prudent at
torney, in preparing will, always
sees to it that the entire instrument
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
unsigned one and the whole char
oofor Of fba - tr,,y,,oof o1tara1 Co
if the entire will cannot be written
on single sheet of paper, the vari
Gus pages should be SO attached
that they cannot be separated with
out detection. The pages are usu-
ally stapled or pasted together at
the top and cord is run through
them, tied and sealed. 1t is wise
for the maker of the will, the tesla
tor 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. Ne
vada is the only state which re-
quires seal. The usual and prop
er method of signing is for the
maker to write his name in full at
the bottom of the will. Where the
maker cannot write. bis mark" is
sufficient. Wills have been held
valid when signed with initials, or
parts of the name, or by a stamp,
but such methods are dangerous.
If person is for any reason in
capable of writing he may authorize
another to sign his name for him.
Not only must will be signed,
but it must also be witnessed, and
that in the strictest form Some
states require but two witnesses;
others three, but it is always best
to have three witnesses. AS was
pointed out in the case of Samuel
Hendrix, the witnesses must be
|
will, and it must be seen to that
neither they nor their near relatives
are to receive anything under the
will.
The manner in which careful at
torney completes the necessary for
malities. having written the will it.
self and secured the witnesses is
somewhat as follows: All the per-
sons-maker 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 sig
nature, with all the witnesses
watching him. Then each one of
the witnesses in turn signs his
name, the intire party still remain
ing together. While will is usu-
| ally dated, this is not necessary.
No registration is required. The
original will is filed in a safe place,
usually by the maker among his pa
pers, 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
destroyed or altered.
/ Having made will and wishing
to change it, the maker has two
general courses open. He may
write another will, in which he ex
pressly revokes the earlier one, OF
pen a revocation, either of which
instruments must be signed anc
witnessed as will. Or he may
take the will and by tearing it up
burning it, or drawing lines through
it, with the intention of revoking it
cause it to lose all effect as a will