Ancient, Curious, and Famous WillsHarris, Virgil M. (Virgil McClure)
History
Ancient, Curious, and Famous Wills
Harris, Virgil M. (Virgil McClure)
Wills
“A few months ago I saw a will in which an estate of one million dollars
was disposed of: the testator under the will divided the estate into ten
parts, but overlooked the disposition of one of these parts; the omitted
part passed under the general laws of inheritance, doubtless contrary to
the wishes of the testator.
“There came under my observation not long ago a will drawn in Michigan:
the testator owned property in Michigan and also in Missouri and South
Carolina. The will had but two witnesses; it was effective in Michigan
and Missouri, but in South Carolina, where three witnesses are required,
it was inoperative.
“Within the last few days, I examined the will of one of our most gifted
and eloquent United States senators, now deceased; an ample provision
for his wife was followed by this clause: ‘The acceptance by my wife of
the provisions for her benefit, contained in this will, shall bar all
claim by her for dower in any real estate heretofore or hereafter
conveyed by me to any one.’ This attempted exclusion of the wife’s dower
was well-nigh meaningless: his intent was to preclude her right of dower
in any real estate owned by him at the time of his death; but he said
‘conveyed by me to any one’; all real estate possessed by him at the
time of his death was subject to dower and not excluded, because it had
not been conveyed.
“A will was lately presented to me where the testator left a large
estate,--one-third to his wife, one-third to a son, and one-third to a
grandson; the wife predeceased the testator. The question arose as to
what became of the one-third given to the wife.
“Generally speaking, under a bequest or devise to a ‘child, grandchild
or other relative,’ the property passes to the lineal descendants of
these, in the event the legatee or devisee dies before the testator;
but it is otherwise as to all other persons: as to them, the devise or
gift lapses; even the children of stepchildren would not take under
these conditions.
“It is said ‘a will has no brother,’ meaning that no two are alike. The
general rules of construction are too numerous and complex for a
discussion here. Technical words are presumed to be used in their
technical sense, unless a clear intention to use them in another is
apparent from the context. Our courts are always busy in an endeavor to
ascertain the intentions of testators. The truth is, few men write
accurately and precisely. The proper use and selection of words in the
construction of wills is a very grave duty.
“A general outline of the framework of a will may be stated as follows:
“(_a_) A will should revoke all former wills; if this is not done, the
last will may be taken in connection with others. If the testator is
unmarried, he should state that fact. His statement does not make it
true, but it may serve a very excellent purpose in thwarting the claims
of designing persons.
Public-domain text, read in full here on John Shaqi.
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