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Article ON THE PROPRIETY OF MAKING A WILL. ← Page 2 of 5 →
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On The Propriety Of Making A Will.
by one great act of munificence , than by the usual mode of periodical or casual charity ; and the latter may imagine , that if the last of his actions demonstrate a regard for the interests of piety , his former failings may be buried Avith him . But when we find a man , who has enjoyed an excellent reputation for justice , affection , generosity , and Avisdom , make such a Avill as is not consistent with any of the sequalitiesnor even with common sensewe must acknowledourselves to
, , ge be at a loss how to " reconcile his latter Avith his former conduct , Upon any known princip les Avhich usually guide mankind . In such cases , indeed , it may be said , and perhaps it is all that can be said , that these men have delayed the writing of their wills to a period when the anguish of a sick bed impaired their memories and their intellects . It is not certainly easy to suppose that any manin
, the full possession of reason , Avould stab his reputation any more than his person . But the fact , in Avhatever manner it may be accounted for , is not to be denied ; nor will it , indeed , be disputed by any person Avhose possession puts it in his way to see many , and Avho will often see much that he may wonder at without being able to resolve . The privilege of making a will"however grosly absurdis perhaps
, , the very last of Avhich he would consent to be deprived . Custom is second nature ; it would not be possible to persuade a man that he has not a natural right to bequeath his property , because it is a right which he knows his ancestors have enjoyed time immemorial . Blackstone informs us , that when property came to be vested in individuals
by the rig ht of occupancy , it became necessary for the peace of society that this occupancy should be continued , not only in the present possessor , but in those persons to whom he should think proper to transfer it ; and this first introduced the practice of alienations and gifts ; but if we were restricted to those , the p rivilege would still be imperfect ; for upon the death of the occupier , all his goods would again become commonand create an infinite variety of strife and contention . The laAv
, of very many societies has therefore g iven to the proprietor a ri ght of continuing his property after his- death , in such persons as he shall name ; and in defect of such appointment or nomination , or where no nomination is permitted , the law of every society has directed the goods to be vested in certain particular individuals , exclusive of all other persons . In England , as the same author observes , this power of
bequeathing is coeval with the first rudiments of the law ; for we have no traces or memorials of any time Avhen it did not exist . Such . is the lav / upon this subject , and we know that scarcel y any crime is more severely punished in the civil courts , than any departure from the Avill of a testator . Guarded , therefore , as this privilege is , by express lawsand considered as sacred by public opinionit is
la-, , mentable that it should be so often exercised to prove the wickedness or imbecility of our natures ; that it should be attended to onl y when attention cannot be commanded , and that it should be neglected even by those , who , from a thousand motives , might be supposed interested In its being well-and duly executed . These evils appear to me to ' arise from two causes , though perhaps it is not necessary to consider
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
On The Propriety Of Making A Will.
by one great act of munificence , than by the usual mode of periodical or casual charity ; and the latter may imagine , that if the last of his actions demonstrate a regard for the interests of piety , his former failings may be buried Avith him . But when we find a man , who has enjoyed an excellent reputation for justice , affection , generosity , and Avisdom , make such a Avill as is not consistent with any of the sequalitiesnor even with common sensewe must acknowledourselves to
, , ge be at a loss how to " reconcile his latter Avith his former conduct , Upon any known princip les Avhich usually guide mankind . In such cases , indeed , it may be said , and perhaps it is all that can be said , that these men have delayed the writing of their wills to a period when the anguish of a sick bed impaired their memories and their intellects . It is not certainly easy to suppose that any manin
, the full possession of reason , Avould stab his reputation any more than his person . But the fact , in Avhatever manner it may be accounted for , is not to be denied ; nor will it , indeed , be disputed by any person Avhose possession puts it in his way to see many , and Avho will often see much that he may wonder at without being able to resolve . The privilege of making a will"however grosly absurdis perhaps
, , the very last of Avhich he would consent to be deprived . Custom is second nature ; it would not be possible to persuade a man that he has not a natural right to bequeath his property , because it is a right which he knows his ancestors have enjoyed time immemorial . Blackstone informs us , that when property came to be vested in individuals
by the rig ht of occupancy , it became necessary for the peace of society that this occupancy should be continued , not only in the present possessor , but in those persons to whom he should think proper to transfer it ; and this first introduced the practice of alienations and gifts ; but if we were restricted to those , the p rivilege would still be imperfect ; for upon the death of the occupier , all his goods would again become commonand create an infinite variety of strife and contention . The laAv
, of very many societies has therefore g iven to the proprietor a ri ght of continuing his property after his- death , in such persons as he shall name ; and in defect of such appointment or nomination , or where no nomination is permitted , the law of every society has directed the goods to be vested in certain particular individuals , exclusive of all other persons . In England , as the same author observes , this power of
bequeathing is coeval with the first rudiments of the law ; for we have no traces or memorials of any time Avhen it did not exist . Such . is the lav / upon this subject , and we know that scarcel y any crime is more severely punished in the civil courts , than any departure from the Avill of a testator . Guarded , therefore , as this privilege is , by express lawsand considered as sacred by public opinionit is
la-, , mentable that it should be so often exercised to prove the wickedness or imbecility of our natures ; that it should be attended to onl y when attention cannot be commanded , and that it should be neglected even by those , who , from a thousand motives , might be supposed interested In its being well-and duly executed . These evils appear to me to ' arise from two causes , though perhaps it is not necessary to consider