SUMMARY REMEDIES. 129 



those who, for any cause, are incapable of, or unfit to 

 care for themselves ; but not for the purpose of rob- 

 bing some and enriching others. 



Our fathers, in the adoption of the English code, 

 rejected the laws of primogeniture and entail. But 

 in framing testamentary provisions in the form in 

 which they now exist, the evils of primogeniture and 

 entail are still practically reached. The building up 

 and transmission of great estates, unbroken, from one 

 generation to another, at the cost and sacrifice of nat- 

 ural rights in the family, and of damage to society, 

 are as possible under our testamentary laws as under 

 the old English system. The difference between the 

 two is, that under the English system an entail once 

 created may continue indefinitely, through many gen- 

 erations, and of which every one has full knowledge as 

 to its nature and scope. But under our testamentary 

 laws a new will is required for every generation, which 

 has the dubious advantage, if desired, of preventing 

 all knowledge of its bequests until after the death of 

 the testator, and permits the consummation of many 

 a device of deviltry without possibility of detection 

 until too late for remedy. Where estates are settled 

 under the provisions of our laws, without the inter- 

 vention of wills, substantial justice is obtained; but 

 the unlimited power that is permitted for the unre- 

 stricted and arbitrary disposition of properties by 

 means of wills, is a constant' invitation to such action 

 as will defeat the only equitable provisions in our 

 testamentary system, and the perpetration of the 

 greatest wrongs. But the reason in this connection, 

 which stands preeminently above all others, why 



