Ancient, Curious, and Famous WillsHarris, Virgil M. (Virgil McClure)
History
Ancient, Curious, and Famous Wills
Harris, Virgil M. (Virgil McClure)
Wills
“3d. In the ages of the world, when the agitation of religious beliefs
was most prevalent, men were prone to give a summary of their opinions
upon religion in their wills. The rites and ceremonies of sepulchre are
often prescribed; the belief in immortality is often expressed in these
sacred documents. The vanities and foibles, the whims and caprices, the
eccentricities and prejudices, all leave their exact mould and
expression in this important instrument. The cynic adopts this means of
giving a parting blow to the unfriendly and unsympathizing world. It is
said that the mould and fashion of the human form was so preserved in
ancient Egypt by the embalmer’s art that the peculiar physiognomy of the
Pharaohs is discovered after three thousand years of burial. This art of
preservation has been lost. But in the numerous receptacles for recorded
wills in Europe and America are found the mummified intellectual and
spiritual remains of past generations as clearly and positively embalmed
as are the bodies of the Pharaohs.
“It is interesting to note the influence of long-established customs
upon the social habits of people. The present habitat of the will-making
people is continental Europe. This fact is susceptible of easy
explanation. The jurisprudence of the continent is founded on Roman law.
Sir Henry Sumner Maine has well said: ‘To the Romans belong preëminently
the credit of inventing the will, the institution which, next to the
contract, has exercised the greatest influence in transforming human
society.... To the Roman no evil seems to have been a heavier visitation
than the forfeiture of testamentary privilege; no curse seems to have
been bitterer than that imprecated upon an enemy ‘that he might die
without a will.’”
* * * * *
“The odd freaks, vagaries and vanities of men thus find permanent
lodgment in testamentary remains. While these features of the will at
first appear to defy classification, yet by careful examination,
extending over long periods, the manifestation of unvarying habits of
mind, and the existence of constant and controlling instincts and
motives, are readily discovered.
“These natures of ours, when freely dealing with the subject of
property, and exhibiting solemn sentiments upon duty and destiny,
unconsciously yield to fundamental laws of uniform operation; and these
testamentary memorials may be made to furnish much curious instruction
upon psychological and sociological subjects.”
DUTY OF HUSBANDS TO MAKE WILLS
Public-domain text, read in full here on John Shaqi.
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