Ancient, Curious, and Famous WillsHarris, Virgil M. (Virgil McClure)
History
Ancient, Curious, and Famous Wills
Harris, Virgil M. (Virgil McClure)
Wills
“Every man who knows how to write thinks he knows how to write a will,
and long may this happy hallucination possess the minds of our lay
brethren, for surely St. Ives, the Patron Saint of lawyers, extends to
none a heartier welcome in the life beyond than to the Jolly Testator
who makes his own Will.”
Too little is recorded of this Patron Saint of the legal profession. The
author offers the following information concerning him:
Over in France, on its western shore, is a peninsula, the province of
Bretagne, or Brittany, and on its rock-bound coast the waves of the
Atlantic forever beat; it derives its name from the fact that during
early history, the inhabitants of Great Britain, in times of local
strife, left their native country, and went to Brittany to reside. This
province is one of the most interesting portions of Europe, being rich
in history and Celtic ruins, and its landscapes are said to be
surprisingly beautiful; its people still retain their ancient language
and customs.
In the year 1253, there was born in Brittany, of a noble family, one
Yves-Helori, who is recognized the world over as the Patron Saint of
lawyers; he espoused the cause of the orphan, the widow, and the poor;
he was greatly honored by his countrymen, and was canonized by Clement
VI at Avignon; many monuments have been erected and hymns written to
perpetuate his virtues and his memory; he died at the age of fifty
years, and on a tablet in one of the churches of Brittany are these
words in Latin:
“St. Ives was of Brittany;
He was a lawyer, and not a robber,
At which the people wondered.”
Following the opening words of his address, Mr. Gest says: “But with
deference to amateur lawyers, it is by no means easy to draw a proper
will. Lord Coke said, in Butler and Baker’s case, one which had been
argued twenty-one times, “I find great doubts and controversies daily
arise on devises made by last wills, in respect of obscure and
insensible words and repugnant sentences, the will being made in haste,
and some pretend that the testator in respect of extreme pain was not
_compos mentis_ and divers other scruples and questions are moved upon
wills. But if you please to devise your lands by will, make it by good
advice in your perfect memory and inform your Counsel truly of the
estates and tenures of your land, and by God’s Grace the resolution of
the Judges in this case will be a good direction to learned counsel to
make your will according to law and thereby prevent questions and
controversies.”
“For some three centuries,” adds Mr. Gest, “this sound advice has been
open to him who would read it, and yet testators have such a reluctance
to pay a fee to a lawyer, that they will draw their wills themselves,
sometimes with the assistance of Dunlap, or have them, as Lord Coke says
in the preface to the second Volume of his Reports, ‘Intricately,
absurdly and repugnantly set down by parsons, scriveners and such other
imperites.’”
Public-domain text, read in full here on John Shaqi.
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