Evening star., 1925-10-25
DANGER SEEN In MANY WILLS
OF HOMEMADE DESCRIPTION
Some Pitfalls of Law Interpreted by Courts in 48
States-Cood Legal Talent Needed to Avoid
Much Serious Trouble.
public policy to perpetuate an estate
for a longer period.

public policy to perpetuate an estate
for longer period.
Wife Must Not BE Witness.
II does not vitiate will to have a
wife witness the signature of her hus-
band where she Is named as one of
the beneficiaries, but in such an event
the wife loses all right and title to
the share of the estate willed to her.
What more natural than that a
husband, particularly in stress, would
call upon his wife to witness his sig
nature! What more serious to her
and entirely at variance with the
testator's wishes and desires than
that she shall be disinherited.
John Degen did not know much
about law or courts, but he just hap
pened in his home State and his
homemade will to be exclusively right
to the point when he wrote: Il, John
Degen, leave all my money in bank
and otherwise to Jenny, my wife"
Jenny got it without extra expense or
question.
In one State a will was voided be.
cause the testator had purchased a
form with the usual preamble printed
and then completed the document In
her own handwriting. This would
not void will in the District.
please Explain?"
There is a good story of a pro
longed legal tussle over will where
there was really no contest except
over the Interpretation of some sec
tions Of the document submitted for
probate.
Legal lights and the judge had
been making strenuous efforts for
days to reach a conclusion in the
matter, all in the friendliest of effort.
One evening during the progress of
the trial the judge and counsel We're
guests at a function in a suburb.
This may or may not have happened
before the Volstead law was written.
In any event, there was conviviality
in large degree, and en- route back
to the city one of the eminent coun-
sci alighted from his machine, mount
ed the fence Of the cemetery and
called loudly to the testator to please
explain. Rise up and explain what
you meant, please?"
A Massachusetts, Law
The Massachusetts Supreme Court
goes on record as holding that the
mere destruction of q will does not
revive an earlier will. but republica-
ton is required.
IN OIHeT liIt icNVio oV
is the case and the testator destroy
ing a later will with intent to revive
an old document, or rather a previous
one, will do well to see a lawyer in
the matter. 1t is a maxim of the
Virginia courts that a testator can
disinherit next of kin and his heirs by
willing his property TO others. Though
the intention to disinhern be ever so
apparent. 1t Is obligatory on courts to
permit heirs so disinherited to share
In any undevised property.
A trust officer at one of our local
trust compa MES gives the following
as among the not infrequent errors
in homedrawn wills. errors of com
adjudication and expense, often run
ming into thousands of dollars:
Some Common Errors.
Failure on the part OF testator to
leave, sell and convey, when a testa-
tor instructs a trustee to sell certain
lands or other realty.
Disposition of the residue OF the
estate-as shown before, that all of
an estate must be disposed of.
Words. phrases and sentences ca
pable of more than one Interpretation,
which forces the executor to go into
court to have d will or part of it in
terpreted.
Trusts, where the objects and pur-
poses therefor are not clear.
Violation of the laws against per
petuities.
Effect OF devises and bequests made
to persons dying before testator.
Misnomer of legatees-niXing up of
children, adopted children, grand
children. etc.
Failure to express exact intentions.
Failure to specify that administra-
tor shall not be asked to give bond.
where the wife acts as administrative
or some relative in whom testator has
utmost confidence.
Wisdom Surely Suggests.
Wisdom surely suggests method of
avoiding tedious delays in the settle
ment OF an estate; just as it does a
way to avoid the thousand and one
technicalities OF the law and that is
by having a trained legal mind at
your command.
In other words. hire lawyer or
see a trust company.
Many homemade wills are brought
to trust companies for administration,
although, as a rule, the testator with
wisdom and estate sufficient to take
to trust company, usually consults
with the trust officer or officers in the
formative stages of the will.