The Romance of Wills and TestamentsVine Hall, Edgar
History
The Romance of Wills and Testaments
Vine Hall, Edgar
Wills -- Great Britain -- Miscellanea
But intentionally or unintentionally, a will may be destroyed. The
romance of wills breathes from this codicil to the will of a West
Indian merchant. “Grenada, 20th March, 1795. I Simpson Strachan, of
said Island, and in the town of St. George Northant, do make this
codicil to my last will and testament dated 1786, the day and month I
do not at present recollect nor can I have recourse to said will by
reason of its being buried under ground to prevent its being burnt
by the enemy.” Sometimes a happy chance may preserve the tenour of a
will. The estate of a testatrix who died in 1872 being at the time
valueless, her will was not proved. But recent improvement in certain
property made probate a necessity. The original will, however, had been
destroyed in a fire, and only the copy of a copy remained. This copy,
though imperfectly transcribed, was admitted to probate, subject to
obvious emendations.
At other times a more serious problem is presented. A will may be
destroyed by the testator, or in his presence, but not necessarily
so as to revoke or annul it. Upon this point interesting actions
turn from time to time, and curious family histories are disclosed.
It is very difficult to decide in some cases whether the deceased
himself destroyed the will or whether at the time he approved of its
destruction; the time and temper lost, the publicity involved, show how
foolish it is to die intestate. If one wishes the estate to devolve
under the statutes for the distribution of intestates’ property, it
is still possible to make a will stating that this is the testator’s
desire.
As foolish is it to die intending that a torn will shall be valid. In
1908 a Yorkshireman died, leaving as his will one that had been torn
in fragments by his wife. Next day she pinned the pieces together, and
the matter was dismissed as a joke. The testator only laughed when it
was suggested that trouble might ensue through the tearing of the will.
“By the Wills Act a will might be revoked by tearing by the testator or
by his authority and in his presence. This will had undoubtedly been
torn up in his presence, but there was no evidence that it had been
done by his authority; indeed the evidence was all the other way.... No
will could be revived except by a duly executed document, and similarly
the testator could have revoked his will by another will had he wished
to do so. It was, however, clear that he always regarded the torn will
as a good one and examined it to see if it was legible. Something had
been said as to all Yorkshiremen being lawyers. They were a hard-headed
people, and the testator’s view was quite correct.” So said the learned
Judge.
Public-domain text, read in full here on John Shaqi.
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