executor, can be copied, and if the will is executed according to the law of the state in which the testator lived, and if there is no real estate in other states, it will probably be admitted to probate and the executor will take the estate. It is rarely, however, that so simple a will is desired, and almost any variation introduces legal questions that a layman cannot answer. Note in Form 17, the questions on material for making a will and how much is involved in stating all of these in due legal form. The man who makes his own will is supposed ultimately to make much business for the legal profession. Lawyers themselves have often failed in drawing their own wills. Samuel Tilden, lawyer and shrewd man of business as well, blundered and failed to draw a will to dispose of his own great property as he desired. A man rarely sees his own affairs as a disinterested outsider would. It is better to pay a competent lawyer and have a will that holds than to risk having all your intentions come to naught, your property fail to go where you wished, and your family plunged into countless unforeseen difficulties. In this connection it may be said that it is always proper to inquire what a lawyer expects to charge. No lawyer can tell what a proposed lawsuit will cost, because no man can know the end of litigation, but it is not hard to state the probable cost of drawing up a will and attending to its due execution. Of course, if there are many changes or many consultations between lawyer and client the charge will be higher than that quoted and this should be expected. A lawyer would always rather talk over the matter of charges with his client and have an understanding than wait till the work is done and then have his client aggrieved at the amount of his bill. If the lawyer consulted is not one with whom a matter of this kind can be talked over in a friendly way, it would be well to look for another lawyer. In Form 17 is given an outline for getting together the material for your will. Notes: 1. Draw up memoranda of what you desire done with your estate after your death. 2. Try to put yourself into the place of your principal legatees, and to think how each will be affected. When your memoranda are complete, take them to a lawyer to draft your will. 3. § 19. The Form of a Will The rules for drawing up a will are simple; in fact it is easier to execute a will than a deed. If all the property is to be left to one person, a few lines will suffice. A will may be written, printed, partly printed and partly written, or typewritten. The following lines show how simple a will may be :2 This is my last will. I give, bequeath and devise to my wife, Leita M. White, in complete and perfect ownership, all my rights and property of every kind and nature, whether real, personal or mixed, wherever situated, appointing her executrix of my estate without bond and giving her seisin thereof. (Signed and attested in due form) The formal introduction is for the purpose of giving the solemn character of a will to the instrument that follows. It is not, however, a hard and fast formula. It should be used so that there will be no doubt of what the writing is intended to be. It will read something after this fashion: I, Harvey Walters of Oswego, New York, being of sound mind and memory do hereby make and publish this my last will and testament. Will of Justice White of the U. S. Supreme Court, by which he left an estate of about $150,000 to his wife, in an instrument consisting of only fifty-one words. Then follows the body of the will: I give to my wife, Sarah Mason Walters, all property of which I die possessed, lands, moneys, goods and choses in action, and appoint her my executrix without bond. The body of the will in this case is short and simple because the disposition of the property is plain and absolute. Then come the signature and the seal: In Witness Whereof, I hereunto affix my hand and seal this 23rd day of October, 1920. HARVEY WALTERS (L. S.) The signing, sealing, and declaration that it is his will must be done by Mr. Walters in the presence of the witnesses, and he must ask them to sign it as witnesses. Last comes the most difficult portion of a will—the attestation by witnesses. The lawyer in charge may say, "Mr. Walters, is this your will?" and he will say, "Yes." The lawyer will then ask, "Do you wish Mr. Martin and Miss Henderson to sign it as witnesses," and he will say, "Yes," or "I do." Then the witnesses must sign it in the testator's presence and in the presence of each other. Signed, sealed, published and declared by the said Harvey Walters in our presence as and for his last will and testament, and we in his presence, and at his request, and in the presence of each other, have subscribed our names as witnesses. JOHN T. MARTIN, 144 South Adams St., Oswego, N. Y. MARGARET MAY HENDERSON, 235 Lansing St., Oswego, N. Y. In Connecticut, Georgia, Maine, Massachusetts, New Hampshire, South Carolina, and Vermont, three witnesses are required to sign a will, but in the remaining states only two witnesses are necessary. If a legatee acts as a witness, he forfeits his legacy. If real estate is left by will, the law of the state where the property is situated governs the will. When property is left to many persons, and where there are conditions and limitations, a careful lawyer should always be employed. Notes: 1. The will given in this section is simple because one person takes all and is sole legatee, devisee, and executrix. 2. Unless the wife is a capable business woman, she may have much trouble under such a will. 3. Few men are so circumstanced that such a will would be safe or expedient. § 20. Essentials of a Will The form given in the preceding section shows a simple will, in which few mistakes could be made. In considering a more extended and complex will no standard form would be worth giving, but certain rules or essentials may be pointed out, some of which will be enlarged upon. 1. The testator must be competent. 2. The will must be in writing, signed and sealed by the testator, "in such a manner as to make it manifest that the name is intended to be a signature." 3. It must be witnessed in due form and by the proper number of witnesses. 4. The witnesses must not be legatees. 5. The witnesses should be younger than the testator. 7. A capable executor who is willing to serve should be 8. No alteration should be made in the will itself, but any changes should be made by codicil or by drawing up an entirely new will. 9. A will should be kept in proper custody so that there is no danger that it will be lost, destroyed, or tam pered with, and it should be where it can be easily accessible when needed. Signature or Mark of Testator. The general rule in this country is that the testator shall sign at the end of the instrument in the presence of his witnesses and at the same time declare to them that the instrument is his last will and testament. Where the testator is unable through either physical or mental disability to write his name he may "make his mark," that is to say, place a crossmark (X) in place of his signature. Such mark will always, in the absence of fraud, be accepted as a valid signature, but anyone who is able to sign his own name should always do so, for the burden of proving a will with no written signature is not light and a mark often presents difficulties to those seeking probate. Position of Testator's Signature. In the majority of our states, the statutes say nothing in regård to the position of the signature of the testator. It is considered that wherever the signature or name appears, if it was meant to stand for his final signature, the instrument is to be accepted as a valid will. In New York, Pennsylvania, Ohio, Kansas, California, and Arkansas, however, the statutes demand that the signature appear at the end of the will, no matter how many times it may have appeared before in the body of the will. Agent Signing for Testator. A subscribing witness may, at the request of the testator, sign his name for him. Having done this, he must so state after his signature as subscribing |