Ancient, Curious, and Famous WillsHarris, Virgil M. (Virgil McClure)
History
Ancient, Curious, and Famous Wills
Harris, Virgil M. (Virgil McClure)
Wills
“I will go a step further, and affirm that we have something to be
grateful for even in the weaknesses of men.... We grope blindly along
the catacombs of the world, we climb the dark ladder of life, we feel
our way to futurity, but we can scarcely see an inch around or before
us; we stumble and falter and fall, our hands and knees are bruised and
sore, and we look up for light and guidance.... And, at the end, man is
reaped--the product, not of good alone, but of evil; not of joy alone,
but of sorrow--perhaps mellowed and ripened, perhaps stricken and
withered and sour. How, then, shall we judge any one?”
Can we not judge a man by his will? Does not such an instrument reflect
his character, his nature, and his eccentricities? A writer on the
subject of Wills says:
“So surely as the berry indicates the soundness of the root, the flower
of the bulb, so does man’s last will tell of the goodness or foulness of
the heart which conceived it. The cankered root sends up only a sickly
germ, which brings forth no fruit in due season; whilst the wine that
maketh glad the heart of man, the oil which maketh him a cheerful
countenance, and the bread that strengthens his heart, have burst from
roots which mildew has never marred, nor worm fretted.”
Testamentary dispositions of property in some form are of very ancient
origin; even in the Biblical period we find the statement in Genesis to
the effect that Jacob gave to Joseph a portion above his brethren.
Solon is said to have introduced wills into Greece, and there is good
reason to believe that wills were known in Egypt ages before they were
used in Europe. Charles Dufresne Du Cange, a most learned philological
writer who died at Paris in 1688, mentions wills written on bark or wood
in the seventh century. There are historians who gravely and learnedly
assert that Adam made a will; that Noah also left one; and that Job
likewise made testamentary disposition of his all. Roman wills were
sealed, after they had been securely fastened and other precautions
taken against forgery: the poet Horace explains how wills were drawn and
secured, and Cicero also refers to the same subject. Anglo-Saxon wills
were made in triplicate, and consigned to separate custodians. Tacitus
records that wills were not recognized by the ancient Germans. In
France, at an early date, the clergy were intrusted with the duty of
looking after wills and the disposition of property under them. In
England, wills were known before the Conquest, though subsequently, for
a time, their use was forbidden by law.
The works of Barnabé Brisson, published in 1583 at Paris, are excellent
sources for information on the subject of ancient wills. In fact, both
in England and in France, authors of the highest learning and ability
have done much for history and literature in the matter of collecting
wills, ancient and modern.
Public-domain text, read in full here on John Shaqi.
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