Ancient, Curious, and Famous WillsHarris, Virgil M. (Virgil McClure)
History
Ancient, Curious, and Famous Wills
Harris, Virgil M. (Virgil McClure)
Wills
“(_b_) There may be a provision for funeral expenses, and suggestions
with regard to a burial place and a monument.
“(_c_) A provision for the payment of debts should be made, and the
executor given full power to pay debts and to sell and convey any
portion of the estate.
“(_d_) A provision should be made for bequests and legacies to relatives
and friends, and for charitable purposes.
“(_e_) Suitable provisions for the wife and children should be made.
“(_f_) Adequate provisions should be inserted for trust features; these
are operative only after the probate administration is ended, unless
otherwise directed, and they should be full, definite and clear.
“(_g_) There should be a residuary clause which catches up and disposes
of any portion of the estate not already disposed of, including lapsed
legacies and devises.
“(_h_) The executor should be named.
“(_i_) The date and signature.
“(_j_) Finally, the attestation.
“To me it is incomprehensible that nine men out of ten who make their
wills, seek to hamper and restrain the remarriage of their widows;
neither the age of the husband nor of the wife seems to deter a testator
in this direction: on the other hand, I have never seen but one such
restriction in the will of a married woman; and this spirit of faith
and trust, in a comparative view of the sexes, is, I believe, quite as
marked in the daily walks of life, notwithstanding the lines of Saxe
which run:
‘Men dying make their wills, but wives
Escape a work so sad;
Why should they make what all their lives,
The gentle dames have had?’
“It may be said that a condition subsequent in general restraint of the
marriage of a person who has never married, annexed to a gift, is
contrary to public policy and void.
“A man should make his will when he is in a normal and healthy
condition; it should be done timely and deliberately. A prominent legal
writer says: ‘It is astounding how frequently from indolence,
procrastination, or superstition, men will postpone this needful act
until the last. Some, like old Euclio in Pope, with the ruling passion
strong in death, cannot endure the thought of parting with their
possessions, even post mortem, and die intestate. Few testators know
their own minds, and a deathbed will is as sorry a substitute for a
carefully prepared instrument, as a deathbed repentance is for a
well-ordered life.’ A sick man or a very aged man, as a rule, is not in
a condition to judge fairly of the affairs of human life. He is apt to
be unconsciously influenced and misled, or even coerced. He may be
diverted from the natural channels of affection, right and justice.
Frequently the result is disastrous litigation, the breaking of domestic
ties, and the exposure of family skeletons.
Public-domain text, read in full here on John Shaqi.
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