Page:The Green Bag (1889–1914), Volume 04.pdf/342

 The Law of the Land.

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miserable weak creature, — a regular bunco the usual fee. Don't direct some friend to victim, — and that this disinterested friend j burn your will when you are not present was squeezing you. This may indeed be the to witness the cremation, for that may not result of any preference made. However, be a revocation. If you are fond of mak don't have the recipients of your preferences ing wills and keep three uncancelled wills write and witness your will, or the fact may by you made at different times, until you be suspicious. If you are a real old man have made up your mind which you want and your second wife — an old man's dar to keep, that does not place the three wills ling — makes you the recipient of alleged on an equal footing as unexecuted and un spiritualistic communications from your first published wills. The last will if left unre wife, your will giving the young darling voked will be valid. If you happen to be of your entire estate will be set aside, as the the feminine gender and having made a will spiritualistic sleight of hand will be consid leaving your property to a fondly remembered ered sufficient evidence of undue influence. lover of your youthful days and having after If you propose to establish some great charity wards married your last opportunity, don't or institution by your will, don't do it. It is worry about such will. Law deals romance tempting the poor human nature of your a crushing blow by declaring that marriage revoked the will made when single. relatives too far. Give it before you die. Apropos of wills and women, there is a Having avoided all pitfalls to the best of your ability, and having completed your will, rule in the construction of wills that where be sure to sign your name at the end thereof, one clause in a will conflicts with another, and have the attestation as required by the the clause nearest the end of the will rules, as law of the State you live in. Don't write being the latest and freshest instruction from your will on three pages of note paper, the the testator. This shows the importance of. first two pages being preamble, and the third last words. They rule in wills as with Speaking of a drinking man, he has the page the disposition of your estate, and then sign the second page instead of the third, testamentary capacity, though frequently unless you are fond of a practical joke. drunk, if he makes his will when sober. The This has been tried, but failed to answer for following will illustrates how a certain tes a will. If you don't know how to write your tator succeeded in avoiding any trouble of testamentary capacity. It is given verbatim, name, you may make your mark, duly wit except a fictitious name has kindly been sub nessed. In fact, if you happen to be real sick, in stituted. The italics are the testator's. extremis, just about to die, but possessed of "I, Richard Roe, of Adams County, do hereby disposing ability and fully informed of the in my own handwriting declare this to be my last contents of a writing presented to you for will and testament, hereby revoking every and all your signature as your will, and you make a other by me at any time made and there are sev scrawl which you mean to represent your eral, each and every one of which I do now most name, it will be a valid signature. solemnly declare and say was made and executed Having your will written, some one therein when I was too drunk to know or realize the acts remembered has provoked you, and you are or the effects of the papers I was executing, par going to exhibit your charitable disposition ticularly one in the hands of, one in the by a revocation of your will. You can re hands of , and one in the hands of . If voke special clauses by codicil attached to not absolutely drunk at the execution of the said will, or by a revocation in writing, or by wills, my mind, enfeebled and debilitated by the destroying the will yourself, or by a new excessive use of liquors, was incapable of judging will revoking all former wills, or by some between right and wrong, wherefore I do now and such method as any lawyer will advise for hereby give, devise, and bequeath," etc.