Page:Popular Science Monthly Volume 24.djvu/538

522 further testified that he did not read nor was any part of the instrument read to him when he signed it, and that he had no recollection that he then knew what the paper was.

Here was an instrument which on its face met all the requirements of the law. It was in writing; it was subscribed by the testator at the end; it had two subscribing witnesses, and a full attestation clause. The testimony of Tripp and Wing completely nullified it; their want of recollection, although less than two years had elapsed since its execution, effectually prevented its probate. The probabilities are, that all legal technicalities had been observed, but the particular facts had escaped the memories of the witnesses. The surrogate adjudged it no will; the widow appealed to the General Term, which affirmed the decree of the surrogate, and then to the Court of Appeals, which affirmed the General Term (Lewis vs. Lewis, UN. Y., 220).

Ignorance and carelessness are even more reprehensible than stupidity or forgetfulness, and each has proved a prolific source of evil to testators' intentions, of expense to suitors, and of disappointment to apparent legatees. Assumption of the sufficiency of one's own knowledge regarding matters concerning which he has little or no information has caused the wishes of more than one testator to utterly fail, or ruined his estate in costly litigation. Books entitled "Every Man his own Lawyer," "Legal Directory," "Legal Remembrancer," are not, as a rule, the best fountains from which to quench legal thirst. Their accuracy is often subject to impeachment, and their pages have more than once proved to the layman a stumbling-block. Nor should relations complain of the courts if carelessness has led him into the execution of an instrument which proves either to be no will at all, or only such after much of his estate has been squandered to ascertain the fact. It is always wise to prepare and execute such a document in the leisure moments of life, for to do so in articulo mortis is a serious matter in more senses than one, concerning which a man should think twice, for, if he leave it until then, he will have little time to think at all. Mr. Gordon undoubtedly thought he knew how to draw a will well enough when he executed the following:

"Dear old Nance, I wish to give you my watch, two shawls, and also $5,000. Your old friend,

After much litigation this was established as a will, but it is likely that "old Nance" was obliged to content herself with the watch and two shawls (Clarke vs. Ransom, 50 Cal., 595).

So, too, with Ehrenberg's will, who was the author of the following laconic testament—a model of brevity:

"Mrs. Sophie Loper is my heiress."

Following which appeared:

"The legatee's name is correctly spelled Loeper."