Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-05-25
URGES MAKING WILL
TOPROTECT HEIRS.
Chicago Probate Judge De-
clares Many Homes Are
Lost by Negligence.

Nuu GIllS DIUCn CduoCS lCdl CSpuO w Puoo
into the hands of inexperienced people
who dissipate 1t.
This statement was made by the Ma
tional Association of Real Estate Boards
in a circular urging property owners to
make wills to protect the rightful heirs
OF real estate. As authority for the as
sertion, the association quotes Judge
Henry Horner of Chicago.
Judge Horner. who has presided over
the Probate Court of Cook County, ILL.,,
for Is years and handles more estates
than any other probate court In the
country. has won Nationwide recogni-
ton by inaugurating systems to make
his court more efficient, but he wishes
for their own sakes that people would
dispose Of their possessions before they
leave the world.
Homes are lost to widows and chill
dren, people whom the dead ought to
remember are forgotten, and the very
reasons for which property was ac-
cumulated are often defeated Just be-
cause so many people will not take
time to draw up a simple piece OF
paper, says Judge Horner.
Estates In Dispute
All estates are not necessarily pro-
bated. The estates that take up most
of the time Of Probate Courts are
those where the heirs are engaged in
controversy. Frequently difficulties arise
where these heirs are minors or in
competents. The heirs Of thousands OF
people. who die without wills, reach
amicable settlements among themselves
but this does not always mean that the
oh
Nearly 10000 estates are continually in
the process of settlement in the Pro-
bate Court at Chicago and about 10000
new estates are filed each year." 1t was
stated.
The people who leave these estates.
many of which are unWilled." 1t was
pointed out, also leave situations that
often inculcate bitter family feuds and
long and expensive litigation. Life saw
ings are administered by the courts OF
Probate that do the best they can under
the law, but often the cherished desires
Of the dead die with them.
UNVEILED real estate. is sometimes
left in a precarious situation. points
out Judge Horner. Suppose man
sonalty' property other than real
estate) to pay his debts. If he has real
estate but leaves no will, the law pro-
vides that such real estate be sold at
public sale in order to satisfy these
debts. Such a person, by will, could
empower his executor to sell the prop
erty at private sale. and possibly
thereby obtain a much larger price.
public sale might be ordered at once
whether or not the market was favor
able but a private sale. II authorized
by will. could be had without delay or
technical procedure: or the executor
might borrow enough by mortgage on
the property to satisfy the debts and
thereby save 1t.
Laws Of States Differ
"The laws covering the disposition
Of intestate property differ In the va
rious states, but in general their pro-
visions are much alike. In the state OF
Illinois. for example. in the absence
of a will. after the payment of debts
and the widows award, If any, one
third of the deceaSed'S property goes to
the widow or surviving husband. II
there is also a child. or children. or
descendants of such. one-third goes to
the widow or surviving husband and
two-thirds to the child. or children, or
the descendants of any child or chill
rem. II there are no children. or the
descendants of any child or children.
II there are no children. then all the
personality and one-half of the real
estate goes to the widow or surviving
husband. and the other half to the
next Of kin. subject to the widows or
surviving husbands dover in that other
half
Z. Suppose an estate consists chiefly Of
% family home and lot and the husband
and father of the family dies without a
will. His hope that his home might re-
main intact for his widow and chill
dren might come to naught by one in
considerable, thoughtless, misguided, or
spendthrift older child. or other heir.
Such heir could. by partition or like
proceedings force sale OF the home in
order to secure his share Of the estate.
This would leave the widow and other
children homeless with only the portion
OF the proceeds 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 will. knowing the
tendency of his spendthrift, in consid-
crate child or relative, he could have
preserved the property intact as the
home of his widow and family.
Moreover, such forced sale might
be made at an inopportune time when
the realty market is low and the widow
and her family would accordingly SUI
fer"
1t is important that the property
owner shall remember that he can leave
his holdings to whomsoever he wishes,
if he makes a will, excpet that he
cannot thereby defeat the statutory
rights of the widow. points out Judge
Horner.
Plans Die With Owner
zone man buys real estate for his
present use as a home and also as
a haven for his wife and his children
in case of his death. Another man pur-
chases land for investment. He haS
certain ideas for improving it or hold
ing IL for enhancement of value. He
may even confide these ideas to his
wife or to some one else. He has In
mind the beneficiary whom he intends
shall reap the benefit Of his foresight.
However. all his planning may have
been in vain for he may die before his
purposes are accomplished. Some one
under the laws of intestacy.' if he has
not provided by will that his plans be
carried on TO fruition, may get his
property who knew nothing of his am
billions, or knowing them was not
in sympathy with his aims and his
vision. His plans in such a case will
die with him.
"A man who has worked earnestly
10 accumulate property, whether 1t is
little or much, usually has some def
mite idea as to whom shall be the
beneficiary of it after his death. Per-
hapS he has built up a fortune just
for q certain person dear to his heart
And he may have a wasteful son or
an extravaRant daughter whose future
he desires to protect. One child may
have treated him unkindly or unfairly
and there may be another child who has
made untold sacrifices for him or rem
dered great devotion to him. or another
person may have been much more to
him than a son or daughter. II this
man dies without will. the court must
follow the provisions Of the statute