[Mary Erskine by Jacob Abbott]@TWC D-Link book
Mary Erskine

CHAPTER V
9/22

This he did, in the manner described in the last chapter.
The law invests every man with a very absolute power in respect to his property, authorizing him to make any disposition of it whatever, and carrying faithfully into effect, after his death, any wish that he may have expressed in regard to it, as his deliberate and final intention.
It insists, however, that there should be evidence that the wish, so expressed, is really a deliberate and final act.

It is not enough that the man should say in words what his wishes are.

The will must be in writing, and it must be signed; or if the sick man can not write, he must make some mark with the pen, at the bottom of the paper, to stand instead of a signature, and to show that he considers the act, which he is performing, as a solemn and binding transaction.

Nor will it do to have the will executed in the presence of only one witness; for if that were allowed, designing persons would sometimes persuade a sick man, who was rich, to sign a will which they themselves had written, telling him, perhaps, that it was only a receipt, or some other unimportant paper, and thus inducing him to convey his property in a way that he did not intend.

The truth is, that there is necessity for a much greater degree of precautionary form, in the execution of a will, than in almost any other transaction; for as the man himself will be dead and gone when the time comes for carrying the will into effect,--and so can not give any explanation of his designs, it is necessary to make them absolutely clear and certain, independently of him.


<<Back  Index  Next>>

D-Link book Top

TWC mobile books