INTRODUCTION "The Moving Finger writes; and, having writ, Nor all your Tears wash out a Word of it." THE history of wills and their study, as reflecting the character of the makers, and in throwing, as they do, a strong light on the customs and manners of the times in which they were written, are subjects profoundly interesting both to the lawyer and to the lay man. Lord Rosebery, in an address on the character of Byron, said: "I will go a step further, and affirm that we have something to be grateful for even in the weaknesses of men. We grope blindly along the catacombs of the world, we climb the dark ladder of life, we feel our way to futurity, but we can scarcely see an inch around or before us; we stumble and falter and fall, our hands and knees are bruised and sore, and we look up for light and guidance. And, at the end, man is reaped the product, not of good alone, but of evil; not of joy alone, but of sorrow — perhaps mellowed and ripened, perhaps stricken and withered and sour. How, then, shall we judge any one?" - Can we not judge a man by his will? Does not such an instrument reflect his character, his nature, and his eccentricities? A writer on the subject of Wills says: "So surely as the berry indicates the soundness of the root, the flower of the bulb, so does man's last will tell of the goodness or foulness of the heart which conceived it. The cankered root sends up only a sickly germ, which brings forth no fruit in due season; whilst the wine that maketh glad the heart of man, the oil which maketh him a cheerful countenance, and the bread that strengthens his heart, have burst from roots which mildew has never marred, nor worm fretted." Testamentary dispositions of property in some form are of very ancient origin; even in the Biblical period we find the statement in Genesis to the effect that Jacob gave to Joseph a portion above his brethren. Solon is said to have introduced wills into Greece, and there is good reason to believe that wills were known in Egypt ages before they were used in Europe. Charles Dufresne Du Cange, a most learned philological writer who died at Paris in 1688, mentions wills written on bark or wood in the seventh century. There are historians who gravely and learnedly assert that Adam made a will; that Noah also left one; and that Job likewise made testamentary disposition of his all. Roman wills were sealed, after they had been securely fastened and other precautions taken against forgery: the poet Horace explains how wills were drawn and secured, and Cicero also refers to the same subject. Anglo-Saxon wills were made in triplicate, and consigned to separate custodians. Tacitus records that wills were not recognized by the ancient Germans. In France, at an early date, the clergy were intrusted with the duty of looking after wills and the disposition of property under them. In England, wills were known before the Conquest, though subsequently, for a time, their use was forbidden by law. The works of Barnabé Brisson, published in 1583 at Paris, are excellent sources for information on the subject of ancient wills. In fact, both in England and in France, authors of the highest learning and ability have done much for history and literature in the matter of collecting wills, ancient and modern. Our form of testamentary disposition comes to us from the Roman law. In the present age, both in England and in the United States, a full and absolute disposition of property is permitted, subject to certain conditions, which are hereinafter noticed. That this general right to dispose of earthly possessions is exercised with many strange vagaries, and for objects showing many eccentricities, yet withal, in most cases, with much benevolence and generosity of nature, the following pages will fully attest. The disposition of property by will does not show that the good men do is "oft interred with their bones," but rather that the world has yet a good conscience in benefactions, and that humanity broadens and grows kindlier with the years. It may be observed that the mean and hateful traits of human nature are more frequently shown by heirs and legatees than by testators. It is true that the "ruling passion strong in death" shows itself in wills, and many testators evince a strong desire to take with them to the next world the substance collected in their dusty lives; but the law has placed hindrances, and, as Pope says: "The laws of God as well as of the land There are on file in the office of the Register of Wills in Washington City a number of wills of famous Americans; a copy of the will of Washington is there, as well as the wills of several other presidents; also, there are to be seen those of many statesmen and other eminent persons: likewise, in London, in the Registry of Wills, there are on file the original wills of great men, which the British nation has jealously guarded; all nations are interested in them, and they could not be allowed to perish. Those who desire it may in London see the will of the painter Vandyck, of Doctor Johnson, of Lord Nelson, of William Pitt, of Edmund Burke, of Izaak Walton, of the Duke of Wellington, and, greatest of all, that of William Shakespeare. The last, being of unusual interest, has been exceptionally treated, and the three folio pages of which it consists are placed under an air-tight frame made of polished oak and plate glass. The will of the Great Napoleon was to be seen for many years at old Doctors' Commons, but it was restored to the French nation in compliance with the request of the Emperor Louis Napoleon. A chapter with the title, "The Importance of the Last Will and Testament," containing general suggestions as to the preparation of wills, has been introduced into this work, with the belief that it may prove useful to some readers; likewise a chapter on "Testamentary and Kindred Miscellany," which embraces subjects closely akin to those under consideration, and which it is hoped may not prove uninteresting. The collecting of interesting and unusual wills is by no means an easy undertaking: the information as to their location and contents, even those of famous men, is surprisingly limited; digesting and arranging them has been a tedious but interesting task. It will be seen by the collection submitted, that all avenues of information have been sought and critically examined. If some minor errors have crept in, the indulgence of the reader is asked for a work largely on original lines, and one which covers a wide field of investigation, research, and comparison. |