"Of course it isn't!" he cried. "You'd be crazy to pay the slightest
attention to any such vague and unexplained scrawl. Listen, young man!
In the first place you haven't any idea when your father wrote that
paper--except that it was at least seven years ago. He may have changed
his mind a dozen times since he wrote it. It may have been a mere
passing whim or fancy, done in a moment of weakness or emotion or
temporary irrationality. Indeed, it may have been made under duress.
Nobody but a lawyer who has the most intimate knowledge of his clients'
daily life and affairs has the remotest suspicion of--Oh, well, we won't
go into that! But, the first proposition is that in no event is it
possible for you to say that the request in that letter was the actual
wish of your father at the time of his death. All you can say is that at
some time or other it may have been his wish."
"I see!" agreed Payson. "Well, what other points are there?"
"Secondly," continued Tutt, "it must be presumed that if your father
took the trouble to retain a lawyer to have his will properly drawn and
executed he must have known first, that it was necessary to do so in
order to have his wishes carried out, and second, that no wish not
properly incorporated in the will itself could have any legal effect. In
other words, inferentially, he knew that this paper had no force and
therefore it must be assumed that if he made it that way he intended
that it should have no legal effect and did not intend that it should be
carried out. Get me?"
"Why, yes, I think I do. Your point is that if a man knows the law and
does a thing so it has no legal effect he should be assumed to intend
that it have no legal effect."
"Exactly," Tutt nodded with satisfaction. "The law is wise, based on
generations of experience. It realizes the uncertainties, vagaries, and
vacillations of the human mind--and the opportunities afforded to
designing people to take advantage of the momentary weaknesses of
others--and hence to prevent fraud and insure that only the actual final
wishes of a man shall be carried out it requires that those wishes shall
be expressed in a particular, definite and formal way--in writing,
signed and published before witnesses."
"You certainly make it very clear!" assented Payson. "What do executors
usually do under such circumstances?"
Public-domain text, read in full here on John Shaqi.
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