Silence thine immemorial quest, contain Thy nature’s vain complaint None heeds, none cares for thee or thine; Like thee how many came and went. ... Wend now thy way, with brow serene, fear Not thy humble tale to tell:—” ’Tis wisdom’s part to make thy will; The testament is not death’s knell. FOOTNOTES: [1] 1 Redfield, on Wills, Ch. II., p. 4; 2 Bl. Comm. 499. [2] Redfield, on Wills, Ch. I., p. 1; Harris, Ancient Wills. Introd. XII. [3] Judge John F. Philips advised the writer that an opinion was prepared by a member of the federal court and submitted to him for his concurrence when he was on the bench, in a case similar to that referred to in the text, but it was changed when the attention of the writer was called to the existing facts, which the opinion failed to note. It is to be regretted that historians and law writers cannot so amend their works. [4] Harris, Ancient Wills, p. 12. [5] Plutarch’s Life of Solon; IV. Kent’s Comm. 503. [6] Chitty’s note, to 2 B. Comm. 491. The reason for recognizing, in law, a right of disposition of property by will, is the same as the law governing the descent and distribution, in case of intestacy. If there were no such provision, on the vacancy of the property, on the death of the last owner, an unseemly scramble would result, which would be both undesirable and contrary to a sound public policy. “Title,” or authority to make a will, is thus based upon the social instinct and both wills and intestacy statutes are in furtherance of this purpose. The owner, in case of a testamentary devise and the State, in case of intestacy, as a mediary, accomplish practically the same purpose, in the division of property, the prevention of a vacancy and the failure of the social instinct, which furnishes the foundation for society and order. (See interesting Essay by Professor Bigelow, in III. Essays in Anglo-American Legal History, pp. 776, 778.) [7] Genesis, Ch. XV. [8] Genesis, 48 and 49 Chapters. [9] Harris, Ancient Wills, p. 12. [10] I. Reeve’s History English Law, 313; II. Pollock and Maitland’s History English Law, p. 314. [11] Harris, Ancient Wills, p. 13. [12] Harris, Ancient Wills, p. 14. [13] Harris, Ancient Wills, pp. 15, 16. [14] Harris, Ancient Wills, p. 16. [15] 2 Bl. Comm. 491. [16] 32 & 34 Henry VIII. [17] I. Redfield, on Wills, sec. 4, p. 2; II. Pollock and Maitland’s History English Law, p. 315; IV. Reeve’s History English Law, 510, 511. [18] II. Pollock and Maitland’s History English Law, pp. 316, 317. [19] II. Pollock and Maitland’s History English Law, p. 322. [20] _Ante idem._, p. 323. [21] II. Pollock and Maitland’s History English Law, pp. 325, 326. The statute of wills ordained that all persons having manors, lands, tenements or hereditaments could give and dispose of them, as well by last will, or testament in writing, as by any act executed in their lifetime. (IV. Reeve’s History English Law, p. 374.)