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ANCIENT, CURIOUS AND FAMOUS
WILLS
“A truce to jesting; let me have a confessor
to confess me, and a notary to make my will."
ANCIENT
CURIOUS AND FAMOUS
WILLS
BY
VIRGIL M. HARRIS
MEMBER OF THE SAINT LOUIS BAR, LECTURER ON WILLS IN THE
SAINT LOUIS UNIVERSITY INSTITUTE OF LAW, TRUST OFFICER
OF THE MERCANTILE TRUST COMPANY OF SAINT LOUIS,
MISSOURI, AND AUTHOR OF “THE TRUST COMPANY
OF TO-DAY,” ETC.
“The boast of heraldry, the pomp of power,
And all that beauty, all that wealth e’er gave,
Await alike the inevitable hour:
The paths of glory lead but to the grave.”
BOSTON
LITTLE, BROWN, AND COMPANY
1911
COPYRIGHT, 1911,
BY LITTLE, BROWN, AND COMPANY.
_All rights reserved._
Printed by C. H. Simonds &. Co.
Boston, U. S. A.
TO THE LATE
HONORABLE JACOB KLEIN
OF
SAINT LOUIS, MISSOURI
WHOSE LONG AND USEFUL CAREER AT THE BAR
AND WHOSE STERLING CHARACTER, LEARNING AND WISDOM
ENTITLE HIS NAME TO A PLACE IN THE GALAXY
OF GREAT AMERICAN LAWYERS
THIS BOOK
IS AFFECTIONATELY INSCRIBED
PREFACE
“Let’s choose executors, and talk of wills;
And yet not so,--for what can we bequeath,
Save our deposed bodies to the ground?”
An addition to the fifteen millions of books of which the world is now
possessed demands an explanation, if not an apology.
In my experience as a lecturer on the Law of Wills, and in the practical
administration of estates controlled by wills, in which I have been
engaged for many years, it has been a subject of surprise to me that no
one in America has seriously undertaken the collection of curious and
famous wills. It has occurred to me that I might discharge the duty
which every lawyer owes to his profession by making such a collection.
The subject is very comprehensive, and the material required has been
obtained, in most instances, from the original records of Probate and
Court Registers in various parts of the world, by exhaustive research in
libraries at home and abroad, and by reference to magazine and newspaper
files.
It has been my effort to select from this collection the wills which
appeared most interesting and entertaining. I recognize quite fully the
wisdom of Lord Coke’s remark, that
“Wills, and the construction of them, do more perplex a man than any
other learning; and to make a certain construction of them exceedeth
_jurisprudentum artem_.”
Perplexity has likewise beset me in an attempt to classify the wills in
this work and place them under convenient and appropriate headings.
It must not be forgotten that while all men may make wills, and should
do so, yet all men have _not_ done so. It is a remarkable trait in human
character that wills are for the most part postponed, and that many men
of wealth and distinction die without them. So great a man as Abraham
Lincoln left no will, though he had a considerable estate. General Grant
also died intestate, but his estate was small. It is to be regretted
that men fail to perform the duty of making their wills, as history and
experience demonstrate that this neglect has often resulted in a
disastrous train of consequences.
The subject of Wills is not so prosaic as might be supposed; in fact,
there are few subjects of more general interest. Wills reflect, as a
mirror, the customs and habits of the times when written, as well as the
characters of the writers.
Our earthly possessions are, after all, but life-holdings, and the grace
with which we part with them at the end of life’s journey shows the
heart in its least disguised form. The moment of will-writing is a
solemn one. The insight we get into the character of the testator is
genuine and unvarnished. Property does not always bring with it comfort
and happiness, and those who have to deal with wills find that it is
frequently as difficult to dispose of one’s possessions as it is to
acquire them.
In this work, it has been deemed inadvisable to cite many authorities.
The author has experienced too much embarrassment in his researches to
ask others to follow in his footsteps. The wills found in these pages
have been conscientiously copied and compared; in many cases, they have
been obtained in places not easily accessible to the average reader. A
number of wills set forth have been abridged, where found to be too
voluminous in their entirety; and, in some instances, parts which were
not of general interest have been omitted.
The wills have not been created by the author, but have been taken from
trustworthy sources; some of them have appeared in English works, but
very few in American publications.
I desire to acknowledge my obligations for material assistance,
particularly to the late Hon. Jacob Klein of Saint Louis, Mr. John
Marshall Gest of Philadelphia, Mr. Daniel Remsen of New York, Messrs.
Harper & Brothers of New York, the Editors of the “Green Bag” of Boston
and other legal publications, and to the valuable works of Mr. Proffatt,
Mr. Tegg, Julia Clara Byrne, Mr. Nicholas and Mr. Nichols.
VIRGIL M. HARRIS.
SAINT LOUIS, MISSOURI,
March 1, 1911.
CONTENTS
PAGE
INTRODUCTION xi
CHAPTER I
THE IMPORTANCE OF THE LAST WILL AND TESTAMENT 1
CHAPTER II
ANCIENT WILLS 10
CHAPTER III
WILLS IN FICTION AND POETRY 49
CHAPTER IV
CURIOUS WILLS 73
1. Relating to Husbands, Wives, and Children 73
2. Relating to Animals 90
3. Relating to Charity 102
4. Relating to Burial 122
5. Miscellaneous 158
CHAPTER V
TESTAMENTARY AND KINDRED MISCELLANY 203
CHAPTER VI
WILLS OF FAMOUS FOREIGNERS 249
CHAPTER VII
WILLS OF FAMOUS AMERICANS 324
INDEX 455
INTRODUCTION
“The Moving Finger writes; and, having writ,
Moves on: nor all your Piety nor Wit
Shall lure it back to cancel half a Line,
Nor all your Tears wash out a Word of it.”
The history of wills and their study, as reflecting the character of the
makers, and in throwing, as they do, a strong light on the customs and
manners of the times in which they were written, are subjects profoundly
interesting both to the lawyer and to the layman.
Lord Rosebery, in an address on the character of Byron, said:
“I will go a step further, and affirm that we have something to be
grateful for even in the weaknesses of men.... We grope blindly along
the catacombs of the world, we climb the dark ladder of life, we feel
our way to futurity, but we can scarcely see an inch around or before
us; we stumble and falter and fall, our hands and knees are bruised and
sore, and we look up for light and guidance.... And, at the end, man is
reaped--the product, not of good alone, but of evil; not of joy alone,
but of sorrow--perhaps mellowed and ripened, perhaps stricken and
withered and sour. How, then, shall we judge any one?”
Can we not judge a man by his will? Does not such an instrument reflect
his character, his nature, and his eccentricities? A writer on the
subject of Wills says:
“So surely as the berry indicates the soundness of the root, the flower
of the bulb, so does man’s last will tell of the goodness or foulness of
the heart which conceived it. The cankered root sends up only a sickly
germ, which brings forth no fruit in due season; whilst the wine that
maketh glad the heart of man, the oil which maketh him a cheerful
countenance, and the bread that strengthens his heart, have burst from
roots which mildew has never marred, nor worm fretted.”
Testamentary dispositions of property in some form are of very ancient
origin; even in the Biblical period we find the statement in Genesis to
the effect that Jacob gave to Joseph a portion above his brethren.
Solon is said to have introduced wills into Greece, and there is good
reason to believe that wills were known in Egypt ages before they were
used in Europe. Charles Dufresne Du Cange, a most learned philological
writer who died at Paris in 1688, mentions wills written on bark or wood
in the seventh century. There are historians who gravely and learnedly
assert that Adam made a will; that Noah also left one; and that Job
likewise made testamentary disposition of his all. Roman wills were
sealed, after they had been securely fastened and other precautions
taken against forgery: the poet Horace explains how wills were drawn and
secured, and Cicero also refers to the same subject. Anglo-Saxon wills
were made in triplicate, and consigned to separate custodians. Tacitus
records that wills were not recognized by the ancient Germans. In
France, at an early date, the clergy were intrusted with the duty of
looking after wills and the disposition of property under them. In
England, wills were known before the Conquest, though subsequently, for
a time, their use was forbidden by law.
The works of Barnabé Brisson, published in 1583 at Paris, are excellent
sources for information on the subject of ancient wills. In fact, both
in England and in France, authors of the highest learning and ability
have done much for history and literature in the matter of collecting
wills, ancient and modern.
Our form of testamentary disposition comes to us from the Roman law. In
the present age, both in England and in the United States, a full and
absolute disposition of property is permitted, subject to certain
conditions, which are hereinafter noticed. That this general right to
dispose of earthly possessions is exercised with many strange vagaries,
and for objects showing many eccentricities, yet withal, in most cases,
with much benevolence and generosity of nature, the following pages will
fully attest. The disposition of property by will does not show that the
good men do is “oft interred with their bones,” but rather that the
world has yet a good conscience in benefactions, and that humanity
broadens and grows kindlier with the years. It may be observed that the
mean and hateful traits of human nature are more frequently shown by
heirs and legatees than by testators. It is true that the “ruling
passion strong in death” shows itself in wills, and many testators
evince a strong desire to take with them to the next world the substance
collected in their dusty lives; but the law has placed hindrances, and,
as Pope says:
“The laws of God as well as of the land
Forbid a perpetuity to stand.”
There are on file in the office of the Register of Wills in Washington
City a number of wills of famous Americans; a copy of the will of
Washington is there, as well as the wills of several other presidents;
also, there are to be seen those of many statesmen and other eminent
persons: likewise, in London, in the Registry of Wills, there are on
file the original wills of great men, which the British nation has
jealously guarded; all nations are interested in them, and they could
not be allowed to perish. Those who desire it may in London see the will
of the painter Vandyck, of Doctor Johnson, of Lord Nelson, of William
Pitt, of Edmund Burke, of Izaak Walton, of the Duke of Wellington, and,
greatest of all, that of William Shakespeare. The last, being of unusual
interest, has been exceptionally treated, and the three folio pages of
which it consists are placed under an air-tight frame made of polished
oak and plate glass. The will of the Great Napoleon was to be seen for
many years at old Doctors’ Commons, but it was restored to the French
nation in compliance with the request of the Emperor Louis Napoleon.
A chapter with the title, “The Importance of the Last Will and
Testament,” containing general suggestions as to the preparation of
wills, has been introduced into this work, with the belief that it may
prove useful to some readers; likewise a chapter on “Testamentary and
Kindred Miscellany,” which embraces subjects closely akin to those under
consideration, and which it is hoped may not prove uninteresting.
The collecting of interesting and unusual wills is by no means an easy
undertaking: the information as to their location and contents, even
those of famous men, is surprisingly limited; digesting and arranging
them has been a tedious but interesting task. It will be seen by the
collection submitted, that all avenues of information have been sought
and critically examined. If some minor errors have crept in, the
indulgence of the reader is asked for a work largely on original lines,
and one which covers a wide field of investigation, research, and
comparison.
ANCIENT, CURIOUS, AND FAMOUS WILLS
CHAPTER I
THE IMPORTANCE OF THE LAST WILL AND TESTAMENT
“To put off making your Will until the hand of death is upon you
evinces either cowardice or a shameful neglect of your temporal
concerns.”
It has been thought appropriate, within a brief space, to introduce into
this work some general observations on the importance and preparation of
wills. For that purpose, the following address, under the title given
this chapter, recently delivered before the Missouri Bankers’
Association, has been selected. It will be seen that the subject-matter
is general in character, and this monograph has been favorably received
by the legal profession and the legal and financial journals of the
United States.
“No doubt most of my audience will regard my subject a lifeless, if not
a commonplace one. Yet it is of daily and vital importance to bankers
and business men generally, and it is to be regretted that there exist
so many inaccurate impressions regarding wills.
“The _North American Review_ in a recent editorial said, ‘The writing of
a will is a serious and formal matter, and into one a man puts his
deliberate and well-reflected intentions. This makes a will stupendously
revealing, and to read one over is to come very close to the spirit of
the man who wrote: to know his treasures, to understand his feeling
toward men, and to measure his fitness for adventures among seraphic and
angelic beings. The words a man desires to have read when he lies dumb,
the gifts he leaves, the grace with which he gives, all these lay bare
the spirit, the heart of disposition, as few other things can. For a
will is that which is to live after one, and it is written knowing that
no wound inflicted can be remedied, no neglect repaired. How egotism, or
miserliness, or conceit, or self-satisfaction can shine out in a will!
How little exalting it is in most cases to read wills, and how often
they turn us back to the authoritative statement, that it is easier for
a camel to pass through the eye of a needle.’
“The power to dispose of property by a written will in the form known to
us does not appear in any of the primitive systems of law, except in
Egypt; yet testamentary dispositions in some form have come down to us
from the earliest times. In the year 1902, the French government sent
out a commission to make archæological investigations in Persia. At the
city of Susa, they uncovered a stone on which was written the laws of
Hammurabi, who reigned twenty-three hundred years before Christ, or one
thousand years before Moses received the Ten Commandments on Mount
Sinai. This code was translated by Professor Robert Francis Harper, of
the Chicago University, and furnishes one of the most remarkable and
readable books which has ever come into my hands; it treats of the laws
of money, banking, inheritance, weights and measures, divorce, dower,
crimes, and, singularly enough, some of its provisions are present-day
law. There is, however, no mention of wills.
“In fact, the will, as we know it, is a Roman invention. Free liberty of
disposition by will is by no means universal at this time. Complete
freedom in this respect is the exception rather than the rule.
Homesteads generally, estates of dower and curtesy frequently, as well
as other portions of an estate, are not the subject of devise or
bequest.
“There never was a fitter application of Pope’s line, ‘A little learning
is a dangerous thing,’ than in the preparation of wills; and it is a
most astounding fact that men who have lived prudently, who have been
conservative and successful in business, who have accumulated large
wealth, who have been buffeted by every wave of misfortune, will
attempt, by their own hands or through incompetent agents, to write
their wills. It is always a hazardous undertaking, unless the instrument
is of the simplest character. If one’s child is sick, a doctor is
called; if a man’s roof is defective, a carpenter is sent for; if a
horse throws a shoe, the animal goes to the blacksmith; yet, when it
comes to the making of a will, perhaps the most solemn and consequential
act of a man’s life, the testator takes his pen, and frequently without
aid or counsel does that which experience and our court records fully
demonstrate he is incompetent to do.
“Mr. Daniel S. Remsen, of New York, an author of high repute on the
preparation of wills, says that fully fifty per cent of wills contain
some obscurity or omission. With this statement I find myself in
complete accord. I believe that nearly half the wills written are open
to attack and a large portion of them fatally defective. I have never
seen more than a dozen perfectly drawn wills, gauged by the standards of
perfect clearness, precision and legality.
“As stated by Mr. Remsen, ‘A will is an ex-parte document and is written
from one point of view; it is the expression of the wishes of the
testator regarding the work of a lifetime; upon its legality depends the
future happiness and welfare of the persons and objects most dear to the
testator; and whether viewed from a property or a family standpoint, it
is often the most important document a man of large or small means is
ever called upon to prepare.’
“How many are there, in this audience of a thousand bankers, who can
tell me the manner in which, under the laws of descent and distribution,
is to be divided an estate consisting of five thousand dollars in cash,
and real estate of the value of five thousand dollars, the testator
leaving a wife and two children?
“Unfortunately the idea prevails that a will is a very simple instrument
to prepare. Nothing in business life can be further from the truth; on
the contrary, a will may be, and usually is, the most intricate of all
legal documents. This is always true where there are gifts or devises
depending upon contingencies, or where trusts are created. A deed or a
contract may be changed; not so with a will, after the death of the
maker. Therefore, foresight in its preparation is imperative.
“There is a well-marked legal distinction between the words, heirs,
devisees, legatees, distributees, and legal representatives. Each of
these terms has a clear and well-defined signification. One who has the
preparation of wills must deal with the law against perpetuities. An
estate cannot be tied up for a longer period than ‘a life or lives in
being and twenty-one years thereafter.’ This is the general law of our
country. The law of dower and curtesy is by no means simple. The law of
vested and contingent remainders is a most intricate subject and
requires years of legal study to comprehend, and cannot be simplified.
The creation of life estates and trusts demands the most careful
inquiry. There are spendthrift provisions which are easier to break than
to prepare. The statute of uses cuts an important figure in testaments.
The provisions with reference to the powers of executors and trustees
are very comprehensive and must be framed with great care and
precision. The subject of joint tenants, and tenants by the entirety,
frequently requires the most profound consideration in the
interpretation of wills.
“I recently saw a decision of one of our highest courts, where a
testator gave a large sum of money by will to his wife ‘to hold, possess
and enjoy during her natural life’; at her death, the fund was to go to
a certain college. The widow promptly set about to ‘enjoy’ the fund by
spending it; the court held, and properly, that she had a right to do
so, and that the college got nothing. The will was improperly drawn. Had
it been stated that she might ‘enjoy the income,’ a different result
would have followed.
“A few months ago I saw a will in which an estate of one million dollars
was disposed of: the testator under the will divided the estate into ten
parts, but overlooked the disposition of one of these parts; the omitted
part passed under the general laws of inheritance, doubtless contrary to
the wishes of the testator.
“There came under my observation not long ago a will drawn in Michigan:
the testator owned property in Michigan and also in Missouri and South
Carolina. The will had but two witnesses; it was effective in Michigan
and Missouri, but in South Carolina, where three witnesses are required,
it was inoperative.
“Within the last few days, I examined the will of one of our most gifted
and eloquent United States senators, now deceased; an ample provision
for his wife was followed by this clause: ‘The acceptance by my wife of
the provisions for her benefit, contained in this will, shall bar all
claim by her for dower in any real estate heretofore or hereafter
conveyed by me to any one.’ This attempted exclusion of the wife’s dower
was well-nigh meaningless: his intent was to preclude her right of dower
in any real estate owned by him at the time of his death; but he said
‘conveyed by me to any one’; all real estate possessed by him at the
time of his death was subject to dower and not excluded, because it had
not been conveyed.
“A will was lately presented to me where the testator left a large
estate,--one-third to his wife, one-third to a son, and one-third to a
grandson; the wife predeceased the testator. The question arose as to
what became of the one-third given to the wife.
“Generally speaking, under a bequest or devise to a ‘child, grandchild
or other relative,’ the property passes to the lineal descendants of
these, in the event the legatee or devisee dies before the testator;
but it is otherwise as to all other persons: as to them, the devise or
gift lapses; even the children of stepchildren would not take under
these conditions.
“It is said ‘a will has no brother,’ meaning that no two are alike. The
general rules of construction are too numerous and complex for a
discussion here. Technical words are presumed to be used in their
technical sense, unless a clear intention to use them in another is
apparent from the context. Our courts are always busy in an endeavor to
ascertain the intentions of testators. The truth is, few men write
accurately and precisely. The proper use and selection of words in the
construction of wills is a very grave duty.
“A general outline of the framework of a will may be stated as follows:
“(_a_) A will should revoke all former wills; if this is not done, the
last will may be taken in connection with others. If the testator is
unmarried, he should state that fact. His statement does not make it
true, but it may serve a very excellent purpose in thwarting the claims
of designing persons.
“(_b_) There may be a provision for funeral expenses, and suggestions
with regard to a burial place and a monument.
“(_c_) A provision for the payment of debts should be made, and the
executor given full power to pay debts and to sell and convey any
portion of the estate.
“(_d_) A provision should be made for bequests and legacies to relatives
and friends, and for charitable purposes.
“(_e_) Suitable provisions for the wife and children should be made.
“(_f_) Adequate provisions should be inserted for trust features; these
are operative only after the probate administration is ended, unless
otherwise directed, and they should be full, definite and clear.
“(_g_) There should be a residuary clause which catches up and disposes
of any portion of the estate not already disposed of, including lapsed
legacies and devises.
“(_h_) The executor should be named.
“(_i_) The date and signature.
“(_j_) Finally, the attestation.
“To me it is incomprehensible that nine men out of ten who make their
wills, seek to hamper and restrain the remarriage of their widows;
neither the age of the husband nor of the wife seems to deter a testator
in this direction: on the other hand, I have never seen but one such
restriction in the will of a married woman; and this spirit of faith
and trust, in a comparative view of the sexes, is, I believe, quite as
marked in the daily walks of life, notwithstanding the lines of Saxe
which run:
‘Men dying make their wills, but wives
Escape a work so sad;
Why should they make what all their lives,
The gentle dames have had?’
“It may be said that a condition subsequent in general restraint of the
marriage of a person who has never married, annexed to a gift, is
contrary to public policy and void.
“A man should make his will when he is in a normal and healthy
condition; it should be done timely and deliberately. A prominent legal
writer says: ‘It is astounding how frequently from indolence,
procrastination, or superstition, men will postpone this needful act
until the last. Some, like old Euclio in Pope, with the ruling passion
strong in death, cannot endure the thought of parting with their
possessions, even post mortem, and die intestate. Few testators know
their own minds, and a deathbed will is as sorry a substitute for a
carefully prepared instrument, as a deathbed repentance is for a
well-ordered life.’ A sick man or a very aged man, as a rule, is not in
a condition to judge fairly of the affairs of human life. He is apt to
be unconsciously influenced and misled, or even coerced. He may be
diverted from the natural channels of affection, right and justice.
Frequently the result is disastrous litigation, the breaking of domestic
ties, and the exposure of family skeletons.
“Lord Coke said a long time ago, ‘Few men, pinched with the messengers
of death, have a disposing memory.’ ‘Such a will, he adds, ‘is sometimes
in haste and commonly by slender advice and is subject to so many
questions in this eagle-eyed world. And it is some blemish or touch to a
man well esteemed for his wisdom and discretion all his life, to leave a
troubled estate behind him, amongst his wife, children or kindred, after
his death.’
“A man may work out his religion from within and for himself, but when
it comes to writing a will, the advice of a good, level-headed friend
cannot be overestimated.
“The will, unlike other instruments, is usually not open to criticism,
and in my opinion, the testator will act wisely, who takes into his
confidence some trusted friend who has good judgment and just ideas,
whether he be a lawyer or a layman: this would be a poor world indeed,
if such were not to be found.
“Statistics show that out of every hundred persons dying in modern
times, sixty-five per cent leave no estate at all, and this is true in
the most prosperous and wealthy portions of the United States. Out of
the hundred mentioned, about thirty-five leave estates, but less than
ten per cent leave estates exceeding five thousand dollars.
“Gifts through wills to charitable, educational and kindred
institutions, in recent years, have been larger than during any other
period in the history of this country. In the year 1909 the value of
such gifts exceeded a hundred million dollars, according to the best
statistics obtainable; yet it is much to be regretted, that testators
who have been blessed with fortunes, do not leave more to charitable and
public uses. Very little, if any regret would be expressed by
beneficiaries under wills, if testators would set aside a few hundred or
a few thousand dollars for such objects: a fountain in one’s native
town, a scholarship, a hospital, or a park or plot of ground where the
aged might rest, children play, and birds sing. Such gifts show noble
natures, and all communities are proud to remember and honor the donors.
“Although the laws of our States differ somewhat in the matter of
descent and in the rules as to the construction and requirements of
wills, it may be stated that it is not generally necessary to mention or
provide for any other persons than children or their descendants.
“The French author, Balzac, regarded by many critics as one of the
keenest observers of the impulses that actuate human life, has one of
his characters, a lawyer, say: ‘There are in modern society three men
who can never think well of the world, the priest, the doctor and the
man of law; and they wear black robes, perhaps because they are in
mourning for every virtue and every illusion; the most hapless of these
is the lawyer; he sees the same evil feelings repeated again and again;
nothing can correct them; our offices are sewers which can never be
cleansed; I have known wills burned; I have seen mothers robbing their
children; wives kill their husbands; I could not tell you all I have
seen, for I have seen crimes against which justice is impotent. In
short, all the horrors that romancers suppose they have invented are
still below the truth.’
“Whether this conclusion is correct or not, the fact is, that the law
seals the lips of the priest, the doctor and the lawyer. The human heart
is never completely revealed; there is always a nook or a corner that
is closed to the world. But the lawyer does know human nature; and, take
it all in all, I do not believe there is any class of men more
outspoken, and who do more in the long run to uphold our rights, our
morals and our liberties, than lawyers. The lawyer will tell you to have
your will written and to have it well written; he will tell you that
human nature is strongly marked in wills; he will tell you that his
profession knows no more complicated and perplexing a document to
prepare than a will; he will tell you that wills are frequently
destroyed by unauthorized hands; he will tell you that when a provision
is made by will which gives less than that which is allowed by law, that
that provision will be attacked; he will tell you that wills are filed
in probate in nearly every instance before the dust has adjusted itself
on the grave of the testator; he will tell you, if candid, that lawyers
are, in a measure, responsible for poorly written wills.
“No lawyer should be asked to write a will cheaply or hastily; the
testator who has no proper appreciation of this service, and who drives
a bargain for ten dollars, for that which is worth a hundred or more,
usually gets about what he pays for.
“In law, as in other professions, ability and experience are essential
to perfect work; when you seek a lawyer to write your will, see that he
has these qualifications.
“Witnesses to wills should never be interested in the instrument. If the
testator is aged, the witnesses should be those well acquainted with
him; in fact, this is always a good rule, whether the testator be old or
young; this precaution may prevent much trouble and complication, and it
has the sanction of our highest courts.
“There is a class of gifts to which I wish to call your attention, and I
refer to gifts _causa mortis_. A gift _causa mortis_ is a gift of
personal property by a person about to die and in view of death. If
there is an actual or constructive delivery of the property, the gift is
good, notwithstanding the law of wills. The gift, however, must be
absolute and the giver must die of that sickness.
“In making provision for children in wills, the corpus or principal fund
is not infrequently to be turned over to them on arriving at legal age.
According to my observation, the age of thirty is much preferable. It is
not possible for any young man or woman at the end of minority to be
possessed of much wisdom with reference to the care of property. Worldly
knowledge is not congenital, and we have high authority that ‘in youth
and beauty, wisdom is but rare.’
“Even you and I, my friends, have picked up some business knowledge
since we passed the line of twenty-one.
“I cannot too highly recommend trust provisions in wills, where it is
sought to make allowances to children or others; the use of the income
for a time or for life, instead of an absolute gift of the principal,
has in many cases a most beneficial result. In the selection of an
executor, my judgment is that it is better to have one than two, and
unless that one is a corporation of high standing and ample capital, I
would always require a bond. This works no hardship, for bonds are
readily obtainable by reputable persons.
“A codicil is a supplemental will. Its object may be to explain, modify,
add to or take from a will. It should be written with care and precision
and its execution is attended with the same formalities as the will
itself.
“A well known author on wills says:
“‘In short, a will may be a man’s monument or his folly. Prudence,
therefore, demands that the testator plan wisely, and frame his
testamentary provisions with great care. That is, he should, if
possible, use such words that his plan shall not be misunderstood and
shall be carried into effect without dispute or litigation, for unlike
instruments between living persons, it is only after the testator is
dead and cannot explain his meaning that his will can take effect, or be
open to dispute.’
“I recommend that of each will there be made a copy; the original should
be placed in one safe place, and the copy in another. This very much
lessens the chance of its being destroyed or falling into bad hands.”