The Curiosities and Law of Wills

LEGAL RECREATIONS.

VOL. II.

Curiosities of Wills.




  THE CURIOSITIES AND LAW OF WILLS.


  BY JOHN PROFFATT, LL.B.,
  Counsellor-at-law, author of "Woman before the Law."


  "Wills, and the construction of them, do more perplex
  a man than any other matter; and to make a certain
  construction of them exceedeth _jurisprudentum
  artem_."--COKE.


  SAN FRANCISCO:
  SUMNER WHITNEY & CO.
  1876.




  COPYRIGHT 1876,
  BY
  JOHN PROFFATT.




TABLE OF CONTENTS.


  INTRODUCTION                                    9


  CHAPTER I.

  ORIGIN AND HISTORY OF WILLS                    29


  CHAPTER II.

  FORM AND REQUISITES OF WILLS                   41

    SECTION 1. Nuncupative Wills.
            2. Written Wills.


  CHAPTER III.

  TESTAMENTARY CAPACITY                          68

    SECTION 1. Incapacity as to Age.
            2. Physical or Mental Incapacity.
            3. Senile Dementia.
            4. Coverture.


  CHAPTER IV.

  LEGACIES                                       93

    SECTION 1. As to their Quality.
            2. Legacies Vested or Contingent.
            3. Conditional Legacies.
            4. Payment of Legacies.
            5. The Person who may take.


  CHAPTER V.

  LIMITS TO TESTAMENTARY DISPOSITION            130


  CHAPTER VI.

  REVOCATION OF WILLS                           152


  CHAPTER VII.

  WILLS AS AFFECTED BY DOMICILE                 173


  CHAPTER VIII.

  CONSTRUCTION OF WILLS                         185




PREFACE.


It is far from the thoughts of the publishers or the author of this book
to provide a work merely for entertainment; it is hoped the title will not
mislead so as to suggest this idea.

While it is sought to make it entertaining and the style animated, in the
selection of such apt and striking cases as will illustrate and expound
the principles and rules of law relating to wills, the main idea has been
to make it useful and reliable as a systematic, clear, and concise summary
for the student and lawyer, and interesting to all classes of readers.

It is not expected that it will be used as a work of reference on the
various subjects connected with wills; but it is hoped it will be found so
accurate and practical as to make it serve advantageously for a manual on
this subject, so that a careful reading of it will give a correct
knowledge of the law relating to this interesting and important subject.

It could not be expected that, in a work of a somewhat general character,
the details of the statute law of the several States would be given; but,
as far as practicable, the law has been noticed, so far as it affected
the formalities of execution, attestation, and proof. Many of the
principles of the law relating to wills are of such a general and well
established character as to be adapted to every locality, and therefore it
is believed this work will not have a mere local utility. As far as
possible, every effort has been made to have it accurate; that there may
be some minor inaccuracies is inevitable, but none, it is hoped, of a
serious character.




INTRODUCTION.


The making of a last will and testament is one of the most solemn acts of
a man's life. Few are so frivolous and indifferent as not to realize the
importance of an act which is to live after them, and survive long after
the hand that traced it has mingled with its kindred dust. They feel that,
however regardless people have been of their sayings and doings, however
trivial and unimportant have been their acts in the eyes of others, a
certain attention, respect, and weight will be given to so deliberate and
serious an act as a man's will. They realize, when making it, that they
are exercising one of the highest and most important privileges society
has granted to the individual--the right to speak and order as to the
disposition of his effects and property after he has ceased to live.
Accordingly, men who have been rudely treated by the world, whose
infirmities and eccentricities have subjected them to its ridicule, whose
words would command no hearing from their fellow-men, have eagerly availed
themselves of this last and important opportunity to freely speak their
mind, to vent their spleen on ungrateful friends, to deride an unfeeling
world, and in a cynical manner to express without reserve opinions about
persons and things, which could have no hearing while they lived, but in a
last will and testament will command the attention due to the solemnity
of the occasion. In a word, they take this method to give a parting hit to
an unfriendly and unsympathizing world.

It will be instructive, as well as interesting, as a phase of human
nature, to refer, by way of introduction, to some curious wills, which may
form an inviting prelude to a more serious treatment of the subject.

As might be anticipated, many wills reflect the singular notions, the
eccentricities and prejudices of the makers.