The copper era and Morenci leader. [volume] (Clifton, Ariz.) 1911-1929, 1913-05-23

i Further, the will must be signed
j by the maker and witnessed in the
manner required by the statutes of
the state in which it is made. Nevada
/ is the only state which requires a
seal. The usual and proper method
of signing is for the maker to write
his name in flu Hat the bottom of the
twill. Where the maker cannot
write, his 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 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
it must also be witnessed and that in
the StricteSt form. Some states re-
quire but two witnesses; others three
witnesses. AS was pointed out in
the case of Samuel Hendrix, the wit
nesses must be persons who have no
interest in the will, and it must be
seen to that neither they nor their
near relatives are to receive any
thing under the will.
! The manner in which careful at
torney completes then ecessary for
torney, 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 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 iCf,- &c. h.
original will is filed in a safe place,
usually by the maker among his
papers, and a copy put in another
place. The copy is not a will, but is
useful in proving the contents of the
will if the inStrumen should be de-
stroyed or altered.
Having made a will and wishing to
change it, the maker has two general
courses open. He may write another
will, in which he expressly revokes,
the earlier one, or pen a revocation,
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 drawing lines
through it, with the intention of re-
voking it, cause it to lose all effect
as a will. In Iowa this act must be
done in the presence of witnesses and
in all cases it is best to do so.
On the death of the maker, those in
terested in the will usually secure the
services of an attorney in having it
probated and the estate administered.
Of course, the person named in the
will as executor may himself place it
before the probate or similar court,
but he usually finds it simpler to have
a lawyer arrange matters. If no
executor has been named by the
maker in his will, an administrator is
appointed by the court 1t is the
duty of executor or administrator to
care for the deceased's property and
see that it is distributed according to
the terms of the will under the direC
ton of the court. OF course, the will
and proof of the makers death must
first be placed before thee curt and
the validity of the will established.
In determining the meaning of
will thee curt is always guided by the
cardinal principle that the intention
of the maker of the will is to be de
termined as accurately as possible
from the instrument and effect given
thereto
The task of the person making
will is to realize it's Importance, weigh
all the possibilities carefully and
state them clearly. The task of the
lawyer is to warn the maker of the va