522 THE POPULAR SCIENCE MONTHLY. 



further testified that he did not read nor was any part of the instru- 

 ment read to him when he signed it, and that he had no recollection 

 that he then knew what the paper was. 



Here was an instrument which on its face met all the requirements 

 of the law. It was in writing ; it was subscribed by the testator at 

 the end ; it had two subscribing witnesses, and a full attestation clause. 

 The testimony of Tripp and Wing completely nullified it ; their want 

 of recollection, although less than two years had elapsed since its 

 execution, effectually prevented its probate. The probabilities are, 

 that all legal technicalities had been observed, but the particular facts 

 had escaped the memories of the witnesses. The surrogate adjudged 

 it no will ; the widow appealed to the General Term, which affirmed 

 the decree of the surrogate, and then to the Court of Appeals, which 

 affirmed the General Term (Lewis vs. Lewis, UN. Y., 220). 



Ignorance and carelessness are even more reprehensible than stu- 

 pidity or forgetfulness, and each has proved a prolific source of evil 

 to testators' intentions, of expense to suitors, and of disappointment to 

 apparent legatees. Assumption of the sufficiency of one's own knowl- 

 edge regarding matters concerning which he has little or no informa- 

 tion has caused the wishes of more than one testator to utterly fail, or 

 ruined his estate in costly litigation. Books entitled " Every Man 

 his own Lawyer," "Legal Directory," "Legal Remembrancer," are 

 not, as a rule, the best fountains from which to quench legal thirst. 

 Their accuracy is often subject to impeachment, and their pages have 

 more than once proved to the layman a stumbling-block. Nor should 

 relations complain of the courts if carelessness has led him into the 

 execution of an instrument which proves either to be no will at all, 

 or only such after much of his estate has been squandered to ascer- 

 tain the fact. It is always wise to prepare and execute such a docu- 

 ment in the leisure moments of life, for to do so in articulo mortis is 

 a serious matter in more senses than one, concerning which a man 

 should think twice, for, if he leave it until then, he will have little 

 time to think at all. Mr. Gordon undoubtedly thought he knew how 

 to draw a will well enough when he executed the following : 



" Dear old Nance, I wish to give you my watch, two shawls, and 

 also $5,000. Your old friend, E. A. Gordon." 



After much litigation this was established as a will, but it is likely 

 that "old Nance " was obliged to content herself with the watch and 

 two shawls (Clarke vs. Ransom, 50 Cal., 595). 



So, too, with Ehrenberg's will, who was the author of the follow- 

 ing laconic testament a model of brevity : 



" Mrs. Sophie Loper is my heiress." 



(Signature.) 

 Following which appeared : 



" The legatee's name is correctly spelled Loeper.' 



it 



