CURIOSITIES OF WILLMAKING.

Pukekohe & Waiuku Times, Volume 5, Issue 144, 11 February 1916, Page 1 (Supplement)

CURIOSITIES OF WILLMAKING.

ROMANCE AND .MIDDLE

Few oubjectj that come before the Law Courts provide more interesting reading than those relating to wills. Everybody who has anything to leave co friends must make a will, or at least ought to do so. In Scotland, as in France, the law as to wills is Sa&ed mainly on the Romana law, and differs m some respects from the law of England. Aany man who is of sound mind is entitled to make his own will in any form he pleases, so 'ong as he shows clearly what he means. It is ambiguity, the possibility of reading different meanings into the testator's words that sets hungry legatees by the ears and gives opportunity for clever lawyers. Probably more wills have been made in Europe during the past fifteen months thin m any similar period, and probably a'so a large number of these wills ha?e'*.t>me into operation. The men who made them" lie on the battlefield where tney fell. SHORT WILLS. It does not 101 ow that a short will may not re dear and distinct. Only, if a layman makes lus own will he had oetter leave out all legal phraseology, taking a3 a model the will proved and upheld at Lewes in 1378, which contains only eight words, viz.—"Mrs to have all wnen 1 die." The iate Lord Inverciyde. whose will was holograph, written on an ordinary B/itet of notepaper, said:—"l leave everything 1 possess of every description to my wife the Rt. Hon. Mary. Baroness Inverciyde, and I appoint her my executrix. (Signed) Inverciyde.'' Lord Mansfield disposed of all Ins worldly goods on half of a sheet of notepaper, and S.r' James Stephen's will consisted of thirteen words. A dozen lines served to dispose of the late Lord Russel of Ktilowen's estate of nearly £150,000, and the will of a London man proved some years ago

was simply, "All for mother.—C.T." An old ladv of Hempstead, U.S.A., disposed of' Tier £90,000 estate in a titty-word will, written on an old piece or wrapping paper; apd ths will of .Sir Hugh Percy Lane, ;t well-known connoisseur (when went down in the Lusilama), d-sposing of estate valued at £50,000. was written on a sixpenny form. A man at Long Sutton, Lincolnshire, before coinmitt.ng suicidi , wrote h s will in chalk on a tiiaiigei. WRITTEN IN BLOOD. During the recent fighting betwo"tue Austrian* and the Italians, a brave Italian, while making a reconnaissance, wa.s laid low by a hail of bullets, ami could not be rescued. It was Uund later that the man, while bleeding to death, had removed Irs coat, spread it on a rock, and had applied his ebbing strength to writing with a stick, dipped in his own blood, a short will leaving a'l he possessed to his two.

young orphan nieces. The tunic on which the will was written has been sent to a notary, and the will will be narricd out.

No question of want of clue formality will hinder the Court from giving effect to a wi'l. so that the testator can be proved to be of sound mind and that the meaning is clear. An Irish doctor's will was contested. While driving he had a narrow escape, and at once he tore open an envelope, wrci? thereon, "I give and bequeath to my

wife all my possessions," and got his assistant and coachman to witntss the will. The Judge upheld the will and granted probate. AN IMPORTANT SHUFFLE. Probably one of tne strangest cases of will-making was that of an old lady stricken dumb. Her lawyer wrote on cards the names of relatives, frienJs. and servants, and on another set ol cards tno item:* uf her property. Then the o'd lady herself shuffled the i.M'ils to her liking, and, as so arranged, the cards were "proved.'' But if some of the wills mentioned have been models of brevity others are long-winded documents, as that of a Duke of Devonshire- which extended to nearly IS.OOO words. LAWYERS' MIDDLING. It does not follow that a lawyermade will should necessarai'y be a model of lucidity. On the contrary, many lawyers' wills have led to expensive litigation. Lord Westbury's will, which he wrote out himse'f, hau to be interpreted by the courts and the wills of two men who served as Lord Chancellor—Lord Brougham anu Lord Lvndhurst—also gave difficulty. Lord St. Leonards, who cor.tiiented caustically on the trouble caused ny men who made their own wil's, left a will—missing at his death—which caused prolonged litigation. Lord Grimthorpe, who left abont two millions sterling, made a will, or rather a series of them,, consisting of 135 testamentary documents. Three of his fourteen codicils were written respectivefy on the back of an old letter, a dinner invitation, and a circular. After a good deal of trouble probate was granted of Lord Grimthorpe's will and twenty-five codicils. LOST WILL ROMANCES. We have all read romantic stories about lost wills. Some of these have been recovered and proved in court after many years. For instance, not so very long* ago a Scottish will was found after having been concealed for nearlv twenty years in an old scrap book," and was held by the court to be perfectly good. Other hiding places where missing wills have been found are, inside the lining of an old hat, in a dock, in a blotting pad, behind a picture, in the family Bible, in concealed receptacles, in bookcase or writing desk or table, in a sofa, and even in a rubbish heap. A Strang history attached to a will which was proved in London recently. It was that of Mr. Lang M.r-n •! inc.. a director of a wel'-known firm of biscuit manufacturers, of Glasgow and Fulham. He was drowned while being taken off the sinking P. and O liner Oceana off Beachy Head, and his will went down with the ship. It was not recovered for three months, but was then admitted to probate. In addition to considerable real estate, the will disposed of nearly £300,000 personal estate. A GRATEFUL JEW. A Cambridge hospital has received nearly £SOOO, the property of a Jew pedlar, who was kinCly treated in the hospital when a poor man. He died having over £12,000. and showed his gratitude by the legacy. Many wealthy old ladies leave cranky wil's and pensions for pets, but unless the testatrices can be shown to be insane the courts give effect to such heciucsts. For instance, a Dublin court uphold a lady's bequest of £4OOO for strav and homeless cats: and a London lady left £1 a week to provide for her dog and cockatoo. In the United States the principle ha-s been upheld that a typewritten will 1 i< good in law. and this princip'e has been affirmed by tiie Austrian courts, , though one can see that there iim'es r- ; aide possibilities in such a rule. GETTING THEIR OWN BACK. It is by no mean- uncommon for the testator to try to pay off old scores in a will, and even to play off rather a bitter'joke on expectant heirs. For instance, husbands have been known to try to have a last hit at the wife of their bosom when they knew she could not have the last word. An American, who died some time leaving £60,000 and a pretty wife, 'eft the widow his whole fortune, with the stipulation taht she must not appear in public unveiled. If she did so. she must forfeit £2OO, and a similar sum if she smiled at a man, or allowed a man

to take her to a place of public entertainment. Was ever regulation more like'y to tempt Eve to desire torbiuden fruit?

Another testator is reported to have left his wife one farthing, to be sent to her by post in an unstamped enveiope. * The husband laid bare hi' grievances at some length in his will, and said his wife had called him an old pig and other opprobrios epithets. Ono would like to hear t'ne lady's side ct the quarrel before judging her too harshly. NOT SPITEFUL, BUT TYRANNICAL.

Many people are not so spiteful as this, but they try to bind up the property so that the legatees must not marry a certain person or persons, or that they must remain a Protestant or a Roman Caatholie, other wise they lose valuable property. In <wnie cases there may be good reason for 6uch wills, but as a general rule they work out hardly for the living. They may tend to ruin the happiness or comfort of a man or woman whether they are complied with or broken, and in some cases there is temptation to hypocrisy in religion, which is bad in every way. But after all the idiosyncracies and crankiness of human nature, it is seen at its best in will-making. It is usually clear that the testator desires, according to his or her light, to be strictly just. Probably 90 per cent, of the property disposed of by will in this country is left to children and near relations, and the same percentage of wills are accepted quietly and never heard of in the law courts.