780 



WILLARD-WTLLIAM II. 



such an extent as to deprive a person of the right ex- 

 ercise of reason, is a sufficient impediment to the 



execution of :i will. It differs from ordinary insanity. 

 .-r, in I hat there is no presumption of its eon 

 tinuancc Senile dementia, or loss of mental faculties 

 through olil aL'e. if shown, will also invalidate a will. 

 If. however, the testator has sufficient memory left to 

 collect the elements of the transaction. /. r. . tin- amount 

 and kinds of his property, the iuiiulnT of his children, 

 etc., and to fortu an BDaentndiag judgment concern- 

 ing them, he hua proper testamentary capacity, 

 though his mind IK- not so strong as it once was. 

 Fraud or undue influence, hy which a person is induced 

 to make a will, will invalidate it 



Tlie Mixle of Ksiriiti'on. The statutes of the Slates 

 differ as to the number of witnesses required. In 

 Colin. -client. Florida, (leorgia. Maine. Maryland, Mas 

 Kichuscits. Mississippi. New Hampshire. South Caro- 

 lina, ami Vermont, three witnesses arc required. In 

 f the other States two are sufficient, though in 

 home the number is not specified. As a general thing 

 the witncs-es must sign in presence of the testator. 

 Slid should not l>e interested parties. The testator 

 may sign in their pr.-s, n.-c or may produce the instrn 

 im:iit alreadv signal, and acknowledge his gIMtUN 

 in their prose 1 . 



RenitiiliiiH. A will maybe revoked by the testator 

 effacing his signature thereto, or by an evident attempt 

 on his pan to destroy it. The same capacity is requi- 

 site to revoke as to make a will. Moreover, the 

 making of a new will purporting to IK- testator's last 

 will, and containing no reference to iiny other paper, 

 und being a disposition of all the testator's property. 

 and so executed as to be operative, will be a revocation 

 of all former wills, notwithstanding that it contains 

 no express words of revocation. A will is reToked by 

 the subsequent marriage of the testator and the birth 

 nt is.-ne. This is generally regulated in the different 

 States by statute, 



JtrnnlJiciitiiHi. As a general rule a will revoked can 

 only be rcpiibli.-hed by an instrument of as high a na- 

 ture as that which revoked it, r. f/.. a will revoked by 

 written declaration cannot be republishcd by parol ; 

 Mich a rcpuhlicuiion has, however, been allowed in 

 Pennsylvania. 



r,nl,iil<\ A will must be proved in the probate 

 court. In England the probate of a will is no^ evi- 

 dence in regard to real estate, but in tin- 1'nited States 

 the probate courts have, as a general thing, exclusive 

 jurisdiction of wills and estates, whether the property 

 Le real or personal. The probate of wills passing 

 really is governed by the law of the place when' it is 

 situated ; of personalty by the law of the locator's 

 domicile. Any one interested in a will may compel 

 probate of it by application to the probate court, who 

 will summon the executor or person having the cus- 

 tody of it. The witnesses must appear and prove the 

 authenticity and execution of the will and the com 

 peteitey of the testator. If, however, they arc absent 

 i'roni the State, deceased, or disqualified, their hand- 

 writing must lie verified. Wills more than thirty 

 years old. appearing regular and perfect, ami coming 

 from proper custody, arc said to prove themselves. 

 Wills lost, mislaid, or stolen at the time of the testa- 

 tor's death may lie admitted to probate upon proper 

 proof of the joss and execution. In most of the 

 United States there are statutes providing for the pro- 

 bate of foreign wills by exemplified copy. 



A a general rule a will is said to speak from the 

 death of the testator, unless a contrary intention be 

 verv plainly indicated. 



Parol evidence is admissible to show the state of the 

 r, the nature and condition of his property, his 

 relation to the contestants, and all the Mirroundinir 

 eircunistancei". It is inadmissible to supply any wotd 

 or defeet in the will or to indicate the testator's inten- 

 tion, which is to be gathered from the bingnnge of 

 the instrument alone. As a general rule where a 



wrong name has been inserted by the scrivener, parol 

 evidence is not admissible to carry into eff. ct the U-K- 

 tator s intention, though the contrary has been la-Id in 

 some instance". Where tic :.- arc portions of a will 

 wholly incapable of standing with nihcr portion- 

 crally speaking the later provision will control, as 

 being the latest declaration of the testator's intention. 



(T. H.) 



WILLAltD. I:\IMV UMIT (I7S7-1S70). educator. 

 was born at Berlin. Conn . i . >7. the 



est but one of seventeen children. She / i 

 her vocation at seventeen, was invited to We.-lflild. 

 Mass., in lsn7. soon removed to Middhhnry. Vt.. and 

 there was married in !>' '' to l>r. John Wiilard. State 

 marshal. His fortune becoming impaired live \.-ais 

 later, she reopened her school and by degrees intro- 

 duced new studies. Her i.lans for the higher, 

 lion of girls, previously little thought of. \v. 

 extensive as to leqnirc State aid and practically to aim 

 at a college. They were laid before IV 

 and. in an Aililrm.i to tlir I'ulilii; Is!'.', hcti.ro the N< w 

 York legislature. In that year her school was re- 

 moved to Watertord, N. V.. chattered, and promised 

 public help, of which little came. She was induced to 

 remove to Troy in IS'JI by the offer of a large building 

 and other facilities. Over ;HKI pupils entered ai 

 and the seminary lieeamc famous. For 17 

 conducted it with eminent success, aided by al.lo teach- 

 ers, especially her younger niter, Mi*. Almira Lincoln 



(afterwards Mrs. I'helps). who was with her IM 

 1 1 er. series of text books began in IS'J'Jwith a 

 run/lit, and was continued in sundry publications of 

 wind) over a million had been sold at her death. Her 

 I/ix/iin/ at' I/if /'ni/i<l Xlntrx, called by another name 

 in its first edition IS'JS. was translated into (lei-man and 

 Spanish and much used by Ibnicl Webster. Her 

 1'iiirrratil IHxlorii was very widely circulated. Her 

 I'n nis ( 1 s:;n). suppressed by her. contained the familiar 

 lyric "Hocked in the Cradle of thel>cep; ' Lafayette 

 shed tears at another in his honor. I s^.V A foreign 

 I trip in ls:io-:;l furnished material for a Jmminl <i<i*l 

 Letters (1833), the profits of which went to fi.nnd a 

 missionary school at Athens. |)r. Wiilard died IM'.'I, 

 and in ls:;S his widow gave tip her school and con- 

 tracted an unfortunate marriace from which she was 

 released by a divorce. Alter this she travelled much. 

 took part in educational conventions and the like, and 



published treatises on Tlir Circulation nf /In- 



(Isll'-l. and on llrspirnliini ( IS-l'.i) ; 7,'ixC l.n;< ,,j 

 i/i lllxtnni ( IS P.I) : an .\iitnl>!<i<i<-<n>liii (1853) ; 

 Morals f,,r thf Yomia ( I S57) ; and I '<' Mnli'iit 

 The last followed sundry efforts to avert the civil war, 

 wherein she overrated her influence. She died at 

 \ V . April \'>. IS70. Jlcr Life was written 

 by J>r. John Lord (IS74). 

 WILLARD, I-'HANCIS Fi.i7.\nfTti, noted for her 



temperance work, was iMirn near l'och(st<T. N. Y., 

 Sept. 1JS, |S:{'.i. Id r pan^nts n-movcil to Wisconsin 

 and she was educated at the Milwaukee and North- 

 western Female Colleges. She taught in i 

 schools and academics and contributed to various jour- 

 nals. While teaching in the I'itl.-hurg Female College! 

 she wrote a memoir of her si.-ter under the 

 title, Nmr Hrnnlifiil }'r<irx. In iMiS she went to 

 Kurope and spent eighteen months there. On her 

 return she bewail lecturing on reform in women's edu- 

 cation, and in 1S7I she was made president of the 

 Women's College at Kvanston, 111. In IS74 she was 

 made secretary of the Women's ( 'hi istian Temperance 

 I'nion. and in !S7i'i she assisted Mr. Mwight L. Moody 

 in his evangelist ii- work. In 1S~^ she became chief 

 editor of the Chicago Krminrr Inxt. but afterwards 

 resigned to devote all her time to temperance work. 



-ident of the Women's Christian Tciii] 

 1'nion slu> has travelled through (he country address- 

 ing legislatures and people in behalf of temperance 

 and prohibition. 

 WILLIAM II., emperor of Germany and king of 



