The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1913-06-21
WAY TO GET BETTER WILLS.
Continued from Page l.

a model for the preparation of other |
wills l cannot, in Justice to the thou |
sands of innocent people all over the |
country who have copied this will as
i their own, let this opportunity pass |
without sounding a note of warning. !
/ Do not misunderstood me. Mr.. Harri |
man and his lawyers knew the condi |
ton with which they were dealing.
They We're preparing Mr.. Hartman 5 |
VIII, not precedent for other wills.
1t is only when this will is viewed az
precedent when people copy it, when
! it is used to fit quite different financial
and family circumstances that it pre-
sents Objectionable features. Indeed,
all wills may be said 20 present OBJ
jectionable features when used as prec
edents without competent legal advice.
. For an example Of a perfectly
sound will that is exceedingly unsafe
and liable to defeat the wishes of its
maker let US refer to the viii of the
late Albert c. Bostwick, son of Jabez
A Bostwick, Of STANDARD Oil fame.
His will was substantially the same as
the Hartman will. Like Hartman,
Bostwick gave everything to his wife.
The important difference in the two
cases was created by the family cir
I
rem born to him after he made his VIII
and Hartman none. Mrs Hartman
took all the property given to her by
her husband. Mrs. Bostwick did not.
The four Bostwick children born after
the making Of the viii took the bulk
Of the property as if no viii had been
made Mrs. Bostwick took what was
left and the child born before the max
mo of tho will took uothinu
The late J. Jennings McComb
made millions in his lifetime from
little patented, article used to fasten
steel hoops around cotton bales;
little piece of iron known as a cotton
> tie At the time of his death lie was
! the owner of the far famed Spanish or
J Navarro Flats in New York, now call
] ed the Central Park Apartments. The
litigation concerning his viii was long
: and bitter. It resulted in a destruc
: ton of severaf trusts, including a trust
g of those eight great apartment build
ings 1t wiped out the codicil designed
to prevent particular marriage in his
family, and III a large measure other
wise defeated his plans. | have no
: means of estimating the cost of this
Y litigation, with accuracy, but we are
told that the executors expended be
tween fifty and seventy five thousand
i dollars in making an unsuccessful at
tempt to sustain the VIII Nothing is
known of what is cost the heirs.
1.-The late Henry B. Plant. the prin.
= cipal owner of the great Plant system
Of railroads in Florida, was also res
ident of New York lie took chances
y with the Rule against Perpetuities
and his huge trust for the benefit OF
y his descendants wholly failed and in
= effect his viii was adiudged void. Tho
u cost of the litigation concerning thi:
u viii is also said to have been enormous
! exceeding half million of dollars OF
=" beth sides.
. What does this meano 1t mean:
that too little attention is given to tn.
plan and preparation OF the viii. L
means that the average person abou
to make will treats it as a matter o
minor Importance, less indeed than thu
III making of a simple contract lie j. il
haste He explains to his lawyer tina
IL he wants a short, plain, simple will
of He then makes known his wishes
le When he has finished with his instruc
ne tions the chances are more than ever
n that his LAWYER finds it difficult. if no
1T impossible to accomplish all his ellen
he wishes
re Then comes the danger. The ellen
to intimates to his lawyer that he wishe
MT quick work and minimum fees. II
gets what he orders. but not what h
wishes He gets something that IN
lawyer does not wish to give him bu
it is the best he can do under tn
limitations imposede The client ha
'e- made his lawyer violate a fundamenta
rule for good work: Whatever tn
haste be not in a hurry. The best wor
rs can never be done by perturbe
Sc mind
u After the maker Of the will is dea
IL each of the heirs employs a lawyer t
ne search for flaws in the viii tn
OF probabilities arc that something grea
&C. or small will be discovered. The un
fortunate lawyer who drew the viii
then in trouble He is uujustly blame
when the fault lies at his clients doc
He is blamed because he omitted som,
thing from the viii; because he di
re not omit something frcm the will; b.
cause some part Of the viii when al
IN Piled to facts unknown to him has a
Tvs uncertain or doublc meaning. He
w, blamed because he did not forcsee an
provide against every possible contil
to pency that might arise in connectlo
It'll with the testator's family and esta'
his before and after death. In short Il
lawyer is criticized by all II anythin
TO goes wrong and by some if ever
rst thing goes right and in accordan'
Al with the wishes Of The deceased.