"Oh, she is not poor for want of money," said Mrs. Bell. "Her husband made his will, before he died, and left her all his property."
"Though I told Mr. Keep about it last night," continued Mrs. Bell, talking half to herself and half to Mary, "and he said the will was not good."
"Not good," said Mary. "I think it is a very good will indeed. I am sure Mary Erskine ought to have it all. Who should have it, if not she?"
"The children, I suppose," said her mother.
"The children!" exclaimed Mary Bell. "Hoh! They are not half big enough. They are only two babies; a great baby and a little one."
Mrs. Bell did not answer this, nor did she seem to take much notice of it, but took up her knitting again, and went on musing as before. Mary Bell did not understand very well about the will. The case was this:
The law, in the state where Mary Erskine lived, provided that when a man died, as Albert had done, leaving a wife and children, and a farm, and also stock, and furniture, and other such movable property, if he made no will, the wife was to have a part of the property, and the rest must be saved for the children, in order to be delivered to them, when they should grow up, and be ready to receive it and use it. The farm, when there was a farm, was to be kept until the children should grow up, only their mother was to have one third of the benefit of it,—that is, one third of the rent of it, if they could let it—until the children became of age. The amount of the other two thirds was to be kept for them. In respect to all movable property, such as stock and tools, and furniture, and other things of that kind, since they could not very conveniently be kept till the children were old enough to use them, they were to be sold, and the wife was to have half the value, and the children the other half.
In respect to the children's part of all the property, they were not, themselves, to have the care of it, but some person was to be appointed to be their guardian. This guardian was to have the care of all their share of the property, until they were of age, when it was to be paid over into their hands.
If, however, the husband, before his death, was disposed to do so, he might make a will, and give all the property to whomsoever he pleased. If he decided, as Albert had done, to give it all to his wife, then it would come wholly under her control, at once. She would be under no obligation to keep any separate account of the children's share, but might expend it all herself, or if she were so inclined, she might keep it safely, and perhaps add to it by the proceeds of her own industry, and then, when the children should grow up, she might give them as much as her maternal affection should dictate.
In order that the property of men who die, should be disposed of properly, according to law, or according to the will, if any will be made, it is required that soon after the death of any person takes place, the state of the case should be reported at a certain public office, instituted to attend to this business. There is such an office in every county in the New England states. It is called the Probate office. The officer, who has this business in charge, is called the Judge of Probate. There is a similar system in force, in all the other states of the Union, though the officers are sometimes called by different names from those which they receive in New England.