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BBB3E5fTi5BBBBB3HHBBBHBK GOODWIN'S WEEKLY .13 H Popular Talks on Law. WILLS: BREAKABLE AND UNBREAKABLE. By Walter K. Towers, A. B., J. J)., of tho Michigan Bar. ' SnmuoL Hendrix had a son a fact ho .almost regretted, for ho seemed I thoroughly bad and the father, ha'd expended much of his property in Keeping the boy out of Jail. Naturally enough, Samuel desired that on his death his wife and dnughter should receive all the romainLig property and the son none. So he wrote the fol lowing: "When I die it Is my will that all my property bo equally divided betwoen I my wife, Esther, and my daughter, Sarah. "(Signed) SAMUEL HENDItlX." Samuel had heard that witnesses are necessary to a will, so he called, in his wife, Esther, and daughter, Sarah, and had them watch him while he Wrote his signature and then sign their names below his. The result was that neither the wife nor the daugh ter could take any property under the will, for it is a general rule of law that no ane who witnesses a will may take any benefit or receive anything from that will. Hud Samuel Hendrix possessed a bit more Information of the law he would havo called others as witnesses and his wishes could have been eiuoreeu. This Illustrates but one of the many pitfalls into which one may fall in the very important task of drafting his will. Tho preparation of n will is" usually a task for an attorney, and" a good one, but there arc cases of emergency when- a lawyer's services are not readily obtainable. If the estate is small and not scattered, and the disposition that is to bo mad of ' it is simple, direct and clearly under stood, it requires no great knowledge to draft an effective will. In any event some Information of tho laws governing the disposition of property on death is interesting, as -well as de cidedly useful. A will is ever a, fascinating instru-' inent. Tno preparation of It Is a serious matter and into it the maker puts his deliberate and wolUcttasld ered thought. Thus It goos far to ward revealing tho real spirit of the maker. The words, of the will are the .words a man desires to leave when he has passed beyond they display his true attitude toward friends and rol-' ativoa. Death is the great Inevitable. Tax dodgers are famous, but death dodg ers have thus far attained' no notori ety. The will Is made in apprecia tion of the inevitable ond and takes, effect upfvr decease. It is thus that one may be assured that his wishes, in regard to the disposition of his property will be regarded after death. The power to make a will has not al ways been recogialzod by law. The will is stated to' be of Roman origin,, but, be that as It may, the power to will Is now fully established and rec ognized by law. To inane a will requires mental ca pacity. We often hoar of instru ments drawn as wills which are sot aside by tho courts becauso the maker wae lacking It intellect. The mental capacity that is required to make a will may be enumerated as follows: 1. Ability to understaiml the nature of a will and that the maker is engaged in making his will. 2. Ability to know and keep In mind tho various items of his property. 3. "Ability 'to know and koop in mind tho members of his .family and others entitled to tho maker's bounty. In general, any person of full age possessing the men tal capacity described above, and not subject to some special legal disablU Ity, may make a valid-and binding will. In the majority of the states the full age of twenty-one years is required of both sexes before tho power to make a will is granted. Married women were formerly de nied the right to will thoir property, but modern statutes quite generally give them' that privilege. Of course, an insane person, lacking the required mental qualifications, cannot make n will, nor can infa.nts under age, In most states. The first great requisite nf a will is that it shall be in writing. This does not moan that it need be written In longhand, though that is the most desirable of all wavs whon the maker is preparing his own will. Typewrit ten wills and printed wills, with tho blanks filled in, are common, and wills have boon held valid when prepared in many unusual ways on strange substitutes for paper or parchment. The prudent attorney, in preparing "a will, always sees to it that the en tire Instrument is fastened together Thus if tho will consists of several typewritten' or printed sheets, the last of which alone is slgned,,another type written page might be substituted for an unsl&nad coe and tho whole char actor of the Instrument altered. So, If the entire will cannot be written on a single sheet of paper, tho vari ous pages should be so attached that they ca.anot bo separated without de tection. The pages are usually stapled or pastod together nt the top and a cord is run througn them, tied a.nd sealod. - It is wise for the maker of the will, tho testator as he is called, to. Initial eHch page In such cases. Further, the will must bo signed by the maker and witnessed In the man ner required by the statutes of the state in which It is made. Nevada Is the only state which requires a seal. The usual and proper method of sign ing is for tho maker to write his name In full at the bottom of the will. Where tho maker ca inot write, his I ' KaffiJSWV?1 ?f- T , MPEts coop FOR MKMWMS-JiSk JOR CJFTCATAtOCKli Oil u .J ' - J&"? M W!m F IMPERIAL BEER , P j3 Brewed Mjwolally tor lamHyiwk In wwkwwwy at f JH9a ' lVMrth migration Canyon. Alvyaya good jmd pore, ! sdlltihe Beer of, thenar"-. . "mark" Is sufficient. "Vllls havo been hold valid when signed ' with initials, or parts of the name, or bj a stamp, but such methods nro' dan gerous. If a person is for any rea- son incapable of writing he may authorize another, person to sign his .natne for him. Not only must a will bo, signed, bub it must also be witnessed,, and that in tho strictest form: Some states ,re-' quire but two witnesses others three but It, Is always best to havo J.hreo witnesses. As was pointed, out in tho case of Samuel Hendrix, the wltnofsos must be persons -who have no interest in the will, asd it must be see. v to that neither they nor their near relatives are to receive anythinsr under the will. The 'manner in which a careful at torney completes the necessary for malities, having written the will i t-i self and secured the witnesses is somewhat .is follows: All tho persons maker and witnesses must be lri the same room and all In sight of each other. The maker doclares the will to be his and writes his signati re, with all tho witnesses watching him. Then each of the witnesses in turn sigms his name, the entire party still remaining together. While a will is"' usually dated,, this is not necessary. No registration is required. Tho oris inal will is filed in a- safe place, usual ly by the maker among his papers, and a copy put in another place. The copy is not a will, but is useful In proving the coatorits of the will If" the instrument should be destroyed or nltored. Having made a will and wishing to change it, tho maker has two general courses open. Ho may wrlto nnother will, in which ho expressly revokes the earlier one, or pen a revocation, either of which: Instruments must he signed aad witnessed as a will. Or ho may take the will and by touring, it up, burning It, or drawing - lines through it, with tho intention of re voking it, causo It to lose all effect as a will. In Iowa this act must be done In the presence of witnesses and lin all cases it is best to do so. On tho donth of tho, maker, those interested in the will usually secure tho services of an attorney In having It probated and tho estate admin istered. Of course, the person named in the will as executor may himself, .place it before the promat or sim ilar court, but ho usually finds it simpler to have a lawyer arrange mat ters. If no executor has been named by the maker la his will, an admin istrator is appointed by tho court.- It is the duty of executor or administra tor to care for tho deceased's property and see that it is distributed according to the terms of tho will under the di rection of the court. Of course, the will and proof o the maker's death' must first .be placed before the court and the validity of the will estab lished. In detennming the meaning of a will, the court Is always guided by the cardinal principle that the inten tion of the maker of the will is to be determined as accurately as possible from the instrument and- effect given thereto. The task of the jp-rson mukln? a will Is to realise Its importance? weigh all the possibilities carefully ' and state them clearly. The 'task1' of ' the lawyer is to warn the maker of the arious contingencies that may arise in the maker's peculiar clrcifmstHiicea U)f affect the disposition of hi sprop erty and to see that all of the noces- ; abe meekest;, Jr: 1 Utah Automobile & Taxicab Go. I Best lSqulpmcnt ami Best Service 1 In the City. . I -Touring auul. Sight-Seeing; Cncb. and Limousines always at. your pcrvlde. I PHOX13S Wasatch ; Wasatch i!HO Stand, Hotel Utah. ; ask roit -injSTisie." Emory's Cafeteria Till i LA CIS to eat. 257 South State Street. - Basement Be.v Then! ye. 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