Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-11-10
LOST WILLS AND HEIRS
By FREDERIC ]. HASKIN.

man. But the will must be in hand and
probated. Then there Is always the
belief amounting to conviction in many
cases concerning the existence OF later
wills. The latest will. of course, Is gov
erning with the court. In not q few
cases Such later wills have been dug
up, proved, and those who thought they
were the heirs disposseSsed Of their IN
heritance. Not little property finally
is taken over and administered by the
State because q will remains missing,
even though there is good reason -
think one existed. But, like q corpse In
murder case, q will must be produced.
Many Difficulties Exist.
On the other side of the picture may
be found the difhculties In respect TO
missing heirs. A strange case only re-
Gently came to light In New Jersey.
Thirty-three years ago couple were
legally married, but, for reasons best
known to themselves, gave their infant
son to another woman to rear. She
was never to reveal the child's identity
until the death Of both parents. The
child's mother died in 1926 bequeathing
1926, 1000 to the unknown son, then q
grown man. Still the woman who had
reared him said nothing. The large
estate was held by trustees. Recently
the mans father died. That released
the promise and the woman came to
the trustees and established the missing
heirs identity.
Children leave home and, in intervals
between communication with parents.
the latter die, leaving fortunes, some
small, some large. Chance has arranged
it so that in the very interval Of nom
communication there have been re-
movalS and all trace has been lost.
Millions of dollars are held by the State
authorities awaiting the appearance of
missing heirs. In New York State, it Is
ofTicially estimated. not more than per
cent of the missing heirs for whom
estates are held. Is ever found. State
laws vary, but, after certain period,
such sums revert to the State, save
where charitable trusts or the like have
been set up. Then the terms are car
ried out.
Charitable trusts are causing much
difficulty. The law provides that the
terms Of the deceased benefactor's will
may not be altered, even although all
need for the charity Is past. There Is
the famous Mullanphy trust, for in
stance. Mullanphy, seeing the destitu-
ton Of forty-niners who failed to find
gold in the California rush, set up
trust for their relief But there are no
more forty-ninerS and the trust, which
has grown to 100000, is idle and
there is nothing which can be done
with it.
Robert Randall, on the advice Of
Alexander Hamilton, left SIS, 900 to pro-
vide q snug harbor in the form Of a.
home for aged, disabled, and INDECENT,
sailors The home acquired was farm
now covered by a part of New YorkS,
financial district. The estate Is worth
$5O.O00,O00. The income Is more than
81, OOO,O 900 O year, but only handfuN
of eligible sailors has been found re1
quiring help. Yet nothing else can be-
done with the money.
Perhaps the most interesting and, in
one way, the most respected will, is the.
nuncupative or nuncupatory will. It Isl
q will of brief or fragmentary or irreg-
Glar nature and may even be an oral
will heard by witnesses. Usually these
are the wills OF men dying on the battle--
field. But II there is shred of evidence :
to support them, the courts enforce
them. In the World War an English .
soldier fell, carrying on his person the
photograph of q girl. Across the back.
was scrawled: IT give all to her" There :
was not even name. Yet the girl was
Identified and received the mans propsT
erty, which was considerable. 2
The most faromus nuncupatory will "
in literature is that of Mr.. Valiant-For%
Truth in Pilgrims Progress About to
cross over, he said: MY sword give to
him that shall succeed me in my pill
,grimage and my courage and skin to-
him that can get it." s.st