A farther analogy may be found in the fact of a right of foreclosure and equity of redemption.
Wills.
If at any time we were to say that “Every man his own lawyer” would be giving to some very poor assistance, we think the suggestion would be eminently proper here. This is not the word of discouragement, but of caution, else the practicability of these articles, which is the theory leading to their publication, might with propriety be questioned. There is no department of legal work where more skill and care may be demanded than in this. But though care is ever to be exercised, not always is superior skill necessary, for one may desire a very simple and direct disposition of his property, and this may be done if only the formalities are observed, by one not conversant with the niceties of law points, and done in such a proper and regular manner that all complications will be avoided. But where different interests are to be carved out of an estate, then the execution of it requires skill and experience.
Who may make a will? Any person who has attained proper age and is of sound mind. By the old common law a married woman was not competent, but this restriction has been removed by statutory enactment in most of the states, and a married woman in those states is no longer forbidden the disposition of her property in accordance with her own wishes.
Quite generally eighteen years for males and sixteen for females are designated as proper ages. Children not mentioned in a will, unless provided for in testator’s lifetime, are presumed to have been accidentally omitted, and take same share of the estate as they would if there had been no will. It will therefore be readily seen that if omission was intentional, testator’s design would be defeated. Whenever such omission of gift to a child is designed it should be particularly mentioned in the will.
A codicil is simply an addition to or change in the will, and should be attached to the original, and executed with same formalities.
In making a will be careful to observe:
That the person is of proper age and sound mind;
That all statements and declarations be made in clear, unambiguous language, so that a misconception of it will be impossible;
That, in propriety, the word “bequeath” should be used as applied to personal estate, and “devise” as belonging to real;