530 THE POPULAR SCIENCE MONTHLY. 



to take in resisting the probate of a will. To do so would be to fly- 

 directly in the face of the decision of Delafield vs. Parrish (22 N. Y., 9), 

 where the question of incapacity was so ably and exhaustively pre- 

 sented to the Court of Appeals by Mr. Evarts, Mr. O'Conor, and other 

 illustrious counsel. No one can fairly doubt, after reading the able 

 opinion of the Court in that celebrated case, that Henry Parrish was 

 incompetent to execute the last two codicils to his will. It is true he 

 had been a keenly intelligent man ; he had amassed a large fortune ; 

 he had never acted in life from impulse, for wisdom, discretion, and 

 reflection prevailed in his counsels. Yet, after his paralytic stroke, 

 he became a changed man. The quiet, urbane gentleman became a 

 fretful invalid, forgetful of even the proprieties of life. Idiotic de- 

 mentia took possession of his once-active brain. It was in this condi- 

 tion, and after the stroke of paralysis, that the last two codicils were 

 executed. It should occasion no surprise that the courts utterly refused 

 to receive them. Still, that much abuse of this objection to the pro- 

 bate of a will is prevalent, is undeniable. Nor does there seem to be 

 any cure for the disease, unless the theory " omne testamenturn morte 

 conswinmatutn est j et voluntas testatoris est ambvlatoria usque ad 

 mortem,''^ be changed, and every man allowed to probate his own will 

 before he dies, if he desire. Let him summon all who have the right 

 to contest his ability, etc., to execute a will, and, if they do not appear, 

 or if they do not succeed in showing his inability so to do, they shall 

 be forever estopped from attacking the will thereafter. Of course, 

 there are serious objections to this course, for all beneficiaries would 

 then know the contents of the document, and few men care to let the 

 world into the secret of their final intentions or ulterior purposes ; still 

 this law has been tried in some of the States successfully and satisfac- 

 torily. Whatever is contained in this paper on last wills and testa- 

 ments applies with equal force to codicils. 



FIFTY YEAKS OF MECHANICAL ENGINEERING.* 

 Bt abnee c. iiaeding. 



I WILL begin by referring to the steam-plant employed for manu- 

 facturing purposes. In 1832 the stationary engine was commonly 

 the beam-engine, often condensing but seldom compounded. Steam 

 was supplied by boilers having but little resemblance to the boilers 

 which most of us are familiar with. The name given the boilers ex- 

 plains their form ; they were variously called tun, hay-stack, balloon, 

 elephant, chimney, and ring boiler, to each of which they severally 

 bore a striking resemblance. They were built in utter disregard of all 



* Read before the Peoria Scientific Society, March 24, 18S3. 



