Ancient, Curious, and Famous WillsHarris, Virgil M. (Virgil McClure)
History
Ancient, Curious, and Famous Wills
Harris, Virgil M. (Virgil McClure)
Wills
I mean no disrespect in linking this decision of the Mayor with that of
the Supreme Court of one of our great Western States.
That Supreme Court recently handed down a decision on testamentary
capacity. It would seem that extreme mental obliquity is not a bar to
will-making: here is the syllabus in the case:
“That where the testator used excessive amounts of a patent kidney
medicine and recommended it to his friends for all kinds of diseases;
manifested a hitherto unknown desire to make political speeches, and was
positive in his utterances that certain candidates should not be
permitted to run for office, and that Bryan was not honest and McKinley
was not fit to be President, and that he could make a better President
than McKinley; got up at night and sang Psalms; took his dogs and went
hunting at night, though he got no game, and had not in former years
been known to hunt; exhibited his stallion and other stock at church
meetings, and failed to recognize acquaintances; carried on disconnected
conversations, had a roaring in his head, used coal oil in his ears, and
poured coal oil on trees and when it killed them said he had no
sense,--neither these eccentricities nor other peculiarities like them
show a want of capacity to make a will.”
This testator was a being of a high order of reasoning as compared with
many such cases to be met with. Old Diogenes said: “Most men are within
a finger’s breadth of being mad; for if a man walk with his middle
finger pointing out, folk will think him mad, but not so if it be his
forefinger.”
Ordinary mortals are very strict in measuring craziness: even a slight
divergence from the normal standard, or their standard of normality,
causes them to adjudge their neighbors crazy: the courts are, however,
much more lenient in their judgments in dealing with matters
testamentary, and seem inclined to the view that all men are sane, only
some are less so: or, as the Kentuckian says of a certain liquid
produced in his State, “It’s all good but some better than others”; in
fact, that weird performances and peculiar actions are indications of
individuality and not of mental incapacity. The Supreme Court of North
Carolina has decided that while a failure to go to church is a moral
delinquency, yet it does not unfit a man to make a will.
The Supreme Court of New York has decided that though one believe in all
the abominations and wanton rites of ancient Greece and Rome, and in
sincerity worship Egypt’s wandering gods, disguised in brutish form, or,
like the Hindoo, stand for a lifetime on one leg to secure salvation, or
be yet a howling dervish, and rave and gash his naked body, thinking he
is doing God service, yet he may be able to transact the affairs of life
or dispose suitably of his property.
Public-domain text, read in full here on John Shaqi.
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