The Romance of Wills and TestamentsVine Hall, Edgar
History
The Romance of Wills and Testaments
Vine Hall, Edgar
Wills -- Great Britain -- Miscellanea
A curious case was brought before the court not long ago, in which
there were many wills, and the validity of a will made forty-four
years before the death of the testator was upheld. It was the case of
a lunatic, who, during the period of his lunacy made six wills, none
of which (as being those of a person of unsound mind) had any force.
The deceased, not being of a dangerous disposition, had some liberty,
and availed himself of his opportunities to deposit wills at Somerset
House. Depositories for the wills of the living are provided under the
Wills Act of 1837: and there they were by him solemnly placed, and the
Registrar’s receipt was duly given. Other testamentary documents were
deposited elsewhere. The making of wills seems certainly with him to
have been an obsession. It is strange to think that it was necessary
to go back forty-four years to find a valid will, and that for all
the latter part of his life he was, as it were, non-existent. But how
narrow is the line which distinguishes the sound from the unsound mind
is shown by innumerable actions in the Probate Court! It was not for
nothing that in olden days testators affirmed their sanity and thanked
God for it.
A good instance of an ordinary polycodicillic will is that of Margaret
Evans, who, during the ten years from 1775 to 1785, made a will with
twelve codicils annexed. Each codicil she introduces as a “memorandam
[_sic_] by way of addition” to her will. But as an instance of
something more than ordinary it would be hard to surpass the wills and
testamentary papers, proved in 1760 and 1761, of Dr. Thomas Cheyney,
Dean of Winchester. These papers range in date from 1724 to 1759, a
nightmare, doubtless, to his luckless executors and friends.
The irony of this case is that the Dean wished his affairs to be
administered privately. “I desire my three executors, as far as
practicable, to keep all or any resolutions they shall take relating
to my affairs secret among themselves, as I design and desire in all
things they may remain accountable to their own consciences and to each
other, and not to any other person in any place whatsoever.” But such
was the chaos of documents that it was necessary to take the directions
of a Court of Equity, the executors stating that they “from the
multiplicity of the said papers, and the contents of the same, find it
impracticable for them to administer and transact the said testator’s
affairs with that privacy and secrecy, as he seems by the general
tenor of his said will and codicil to have designed, ... and that it
will be necessary for them to take the directions of a Court of Equity
concerning the same.”
Public-domain text, read in full here on John Shaqi.
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