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Updated: August 19, 2024
Doubtless the contesting of wills is a nuisance, generally speaking, the contestant conspicuously devoid of moral worth and the verdict singularly unrighteous; but as long as some testators really are daft, or subject to interested suasion, or wantonly sinful, they should be denied the power to stifle dissent by fining the luckless dissenter.
As there were certain classes of persons to whom testators were unable to leave inheritances or legacies, when they wished to effect these objects they used to trust to the good faith of some one who had this kind of testamentary capacity, and whom they asked to give the inheritance, or the legacy, to the intended beneficiary; hence the name 'trusts, because they were not enforced by legal obligation, but only by the transferor's sense of honesty.
2 This rescript was a benefit not only to slaves thus liberated, but also to the deceased testators themselves, by saving their property from being seized and sold by their creditors; for it is certain that such seizure and sale cannot take place if the property has been adjudged on this account, because some one has come forward to defend the deceased, and a satisfactory defender too, who gives the creditors full security for payment.
It is not the custom of most men to leave any large part of their estate to public charity. Except in the case of the very rich, the failure to do so is not, as a rule, expressly condemned. Yet such bequests are approved, the testators are praised, and the attitude of public opinion has no small influence upon the conduct of individuals.
What will it signify to make your will now? for either we shall come off or drown for it. If we 'scape, it will not signify a straw to us; for testaments are of no value or authority but by the death of the testators. If we are drowned, will it not be drowned too? Prithee, who will transmit it to the executors?
And so it came to pass that the Jews, after modifying some twenty or thirty propositions of their own, ultimately assumed the credit of evolving the plan that had originated in the resourceful head of Sir John Brodney, and affairs were soon brought to a close. The grandchildren of the testators were ready to accept the best settlement that could be obtained.
At first it had been a mere chance union of the millions of Isbister and Warming, a mere property holding company, the creation of two childless testators' whims, but the collective talent of its first constitution had speedily guided it to a vast influence, until by title deed, loan and share, under a hundred disguises and pseudonyms it had ramified through the fabric of the American and English States.
Very fine, no doubt; also very soporific. One is inclined to mutter a sleepy Amen. If this passage means anything at all it implies that all who know truth, admire excellence, and have any share in freedom and virtue, are testators to the names of Father, Son and Holy Ghost; so that many Atheists are Trinitarians without knowing it.
Had he consulted his inclination, he would have left one shilling to Louis, and the remainder to Owen, who alone had been a true son to him. It was a too talkative will. Testators, like politicians, should never explain.
They call mandas piadosas those rustic or urban securities which have been left by testators with the sole object of investing their products in masses to be said for the dead. The church receives these proceeds, and pays for the masses.
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