Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-05-26
ESTATES OFTEN
LOST HORNER
UNVEILED Property May Be
Wasted or Put Into mex
perienced Hands

&Lhn ~ tine tnlrty-tourtn or a
series Of articles prepared by the
National Association Of Real Estate
Boards 20 be published in this news
paper for the information OF its
readers on real estate matters.
Especial To The Herald)
CHICAGO. May 25-Nearly two
thirds OF the people who die In this
country do not leave wills and this
often causes real estate TO pass in
20 the hands OF inexperienced peo-
pie who dissipate it, points. out the
National association Of Real Estate
Boards In its weekly lesson on
subjects having to do with the land.
The association calls on property
owners TO make wills to protect the
rightful heirs of real estate and
quotes Judge Henry Homer Of
Chicago as an authority on what
might happen when a person leaves
no directions behind.
Judge Horner who has presided
yer the Probate Court Of Cook
county. Illinois for Is years and
handles more estates than any other
probate judge in the country. has
won nationwide recognition by in
a~ugurating systems to make his
court more efficient. but he wishes
for their sakes, that people
would dispose Of their possessions
before they leave the world.
Homes are lost to widows and
children. people whom the dead
ought to remember are forgotten
and the very reasons for whiclt
property was accumulated are often
defeated just because SO many peo-
pie will not take time to draw up
a simple piece Of paper. says Judge
Horner.
Controversies 20 Court
All estates are not necessarily
probated. The estates that take up
most Of the time OF Probate Courts
are those where the heirs are en-
gagged In controversy. Frequently
difficulties arise where these heirs
are minors or incompetents. The
heirs OF thousands OF people who
die without wills reach amicable
settlements among themselves but
does not always mean that the dead
persons wishes are carried out. And
nearly 10000 estates are contin-
ually In the process OF settlement In
the Probate Court at Chicago and
about 10000 new estates aare filed
ZACH year.
The people who leave these estates
many OF which are unwilled. also
leave situations that often inculcate
bitter family feuds and long and
expensive litigation. Life savings
are administered by the courts Of
Probate that do the best they can
under the law. but often the cherish
ed desires of the dead die with them.
UNVEILED real estate. Is some
times left in a precarious situation.
points out Judge Horner. Suppose
a man dies and there Is not suf-
ficient personality (property other
than real estate) 10 pay his debts.
II ne has real estate but leaves no
will. the law provides that such real
estate be sold at public sale In or
der 20 satisfy these debts. Such a
person. by n will. could empower
his executor to sell the property at
a private sale. and possibly thereby
obtain a much larger price. A pub
lie sale might be ordered at once
3 WkAELAA(k Vi AiOL NAAC AtAa RCb Muo q
vorable. but a private sale, II au-
thorized by will. could be had with
out delay or technical procedure: or
the executor might borrow enough
by mortgage on the property to
satisfy the debts and thereby save
st.
THE laws covering the disposition
Of intestate mnwilledl property diff
fer in the various states, but In gen.
erai their provisions are much alike.
In the state OF Illinois. for exam-
ple, In the absence Of a will. after
the payment OF debts and the wild
ow's award II any. one-third OF the
deceased's property goes to the Wild
ow or surviving husband. III there
Is also a child. or children. o de-
scendants OF such. one-third goes 10
the widow or surviving husband and
two-thirds "a the child. or children.
or the descendants Of any child or
children. II there are no children
then all the personality and one
Salf OF the real estate goes 70 tds
widow or surviving husband. and
fhe other half to the next OF kin.
subject to the widows or surviving
husbands power in that other half.
Disposing Of Property
Suppose an estate consists chief
w OF a family home and lot and the
husband and father of the family
dies without a will. His hope that
his home might remain intact for
his widow and children might come
IN naught by one inconsiderate.
thouzhtless. misguided. or spend
thrift older child. or other heir
Such heir could. BY partition OF
like proceedings force a sale of the
home In order 10 secure his share 1
OF the estate. This would leave the
widow and other children homeless
with only the portion or the pro
ceeds allowed them by law: and this
might be directly contrary TO what
the deceased might have wished
and which he could have prevented
by will. Had he made a will. know
ing the tendency OF his spend