Better days; or, A Millionaire of To-morrowFitch, Thomas
Philosophy
Better days; or, A Millionaire of To-morrow
Fitch, Thomas
Utopias -- Fiction; West (U.S.) -- Fiction
“But the corporation proposed by the late Lorin French,” said Lyman, “is
not only unempowered to receive, it is not yet in existence as a
corporation. It may never be created, and a bequest to either a natural
or an artificial being, not even quickened with incipient life, not even
conceived at the time of the bequest, may be questioned as of doubtful
validity. But it is profitless to discuss these questions, because there
is another section of the civil code which disposes completely of this
so-called will. I refer to section number 1313. Thirteen is certainly an
unlucky number for the workers of San Francisco. By that section it is
provided that no will devising property for charitable or benevolent
uses, shall be valid unless made at least thirty days before the death
of the testator, and that in no event can a man bequeath more than
one-third of his estate for such purpose, if he have natural heirs. It
is also provided that all dispositions of property made contrary to the
statute shall be void, and the property go to the residuary legatee,
next of kin, or heir, according to law.”
“That was one of the wise laws that the sand-lot statesmen gave us,”
said Bruff, sarcastically.
“Deed, and it wasn’t a sand-lot law at all,” interrupted a stalwart,
red-bearded attorney with a slight Milesian accent. “It was passed away
back in the seventies. Old Moriarty was down with typhoid fever, and
Father Gallagher was pressin’ him every day to save his soul by lavin’
his millions to the Jesuit College and Hospital. But before the priest
could get the old man in condition, Mike Moriarty slipped Nat
Bronton—the king of the lobby—up to Sacramento with $20,000 rint money
that Mike collected while his father was ill, and the bill was rushed
through under suspinsion of the rules. Two days after the bill became a
law, Father Gallagher coaxed and dhrove old Moriarty into signing a will
that cut Mike off wid $50,000, and left $3,000,000 to the church, and
the next week they buried the old man, with masses enough to put him
through purgatory in an express train. They say that there was a
scrappin’ match between Father Gallagher and Mike when the priest found
that he had been outgeneraled, and Mike lost the top of his left ear,
but he saved his father’s estate. Sure, the whole case is reported in
the fortieth California, under the title of the Society of Jesus against
Moriarty, and it decides this will of French’s sure enough.”
When the ripple of laughter which this interruption provoked had
subsided, Mr. Lyman resumed:—
“My learned friend Casey is right, your Honor; the case he quoted does
decide this one. If this will had been made more than thirty days before
the death of Mr. French, it could at most have disposed of but one-third
of his property. But it was made only two days before his death, and,
under section 1313 of the code, is utterly void,” and the speaker
resumed his seat.
The Court turned to the attorney who had offered the will for probate.
Public-domain text, read in full here on John Shaqi.
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