"But even if there were," went on Tutt, eagerly, "the law is settled in
this state that where a testator--either through carelessness or a
desire to economize space or effort, has referred in his will to
extraneous papers or memoranda, either as fixing the names of
beneficiaries of particular devises or bequests, or as fixing the amount
or the manner in which the amount of such devises or bequests is to be
ascertained, such a paper must not contain any testamentary disposition
of property. In a word the testator having willed something can
_identify_ it by means of an extraneous paper if properly designated,
but he cannot _will_ the thing away by an extraneous paper no matter how
referred to. For example, if A wills to B 'all the stock covered by my
agreement of May 1, with X' it merely describes and identifies the thing
bequeathed,--and that is all right. The law will give effect to the
identifying agreement, although it is separate from the will and
unattested. But, if A's will read 'and I give such further bequests as
appear in a paper filed herewith' and the paper contained a bequest to B
of 'all the stock covered by my agreement of May 1, with X' it would be
an attempted bequest outside of the will and so have no legal effect."
"Thanks," said Payson. "I understand. So in no event whatever could this
letter have any legal effect?"
"Absolutely none whatever!--You're perfectly safe!" And Tutt leaned back
with a comfortable smile.
But Payson did not smile in return. Neither was he comfortable. Be it
said for him that, however many kinds of a fool he may have been, while
momentarily relieved at knowing that he had no legal obligation to
carry out his father's wishes so far as Sadie Burch was concerned, his
conscience was by no means easy and he had not liked at all the tone in
which the paunchy little lawyer had used the phrase "you're perfectly
safe."
"What do you mean by 'perfectly safe'," he inquired rather coldly.
"Why, that Sadie Burch could never make you pay her the legacy--because
it isn't a legal legacy. You can safely keep it. It's yours, legally and
morally."
"Well, is it?" asked Payson slowly. "Morally, isn't it my duty to pay
over the money, no matter who she is?"
Tutt, who had tilted backward in his swivel chair, brought both his feet
to the floor with a bang.
Public-domain text, read in full here on John Shaqi.
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