“A man may work out his religion from within and for himself, but when it comes to writing a will, the advice of a good, level-headed friend cannot be overestimated.
“The will, unlike other instruments, is usually not open to criticism, and in my opinion, the testator will act wisely, who takes into his confidence some trusted friend who has good judgment and just ideas, whether he be a lawyer or a layman: this would be a poor world indeed, if such were not to be found.
“Statistics show that out of every hundred persons dying in modern times, sixty-five per cent leave no estate at all, and this is true in the most prosperous and wealthy portions of the United States. Out of the hundred mentioned, about thirty-five leave estates, but less than ten per cent leave estates exceeding five thousand dollars.
“Gifts through wills to charitable, educational and kindred institutions, in recent years, have been larger than during any other period in the history of this country. In the year 1909 the value of such gifts exceeded a hundred million dollars, according to the best statistics obtainable; yet it is much to be regretted, that testators who have been blessed with fortunes, do not leave more to charitable and public uses. Very little, if any regret would be expressed by beneficiaries under wills, if testators would set aside a few hundred or a few thousand dollars for such objects: a fountain in one’s native town, a scholarship, a hospital, or a park or plot of ground where the aged might rest, children play, and birds sing. Such gifts show noble natures, and all communities are proud to remember and honor the donors.
“Although the laws of our States differ somewhat in the matter of descent and in the rules as to the construction and requirements of wills, it may be stated that it is not generally necessary to mention or provide for any other persons than children or their descendants.
“The French author, Balzac, regarded by many critics as one of the keenest observers of the impulses that actuate human life, has one of his characters, a lawyer, say: ‘There are in modern society three men who can never think well of the world, the priest, the doctor and the man of law; and they wear black robes, perhaps because they are in mourning for every virtue and every illusion; the most hapless of these is the lawyer; he sees the same evil feelings repeated again and again; nothing can correct them; our offices are sewers which can never be cleansed; I have known wills burned; I have seen mothers robbing their children; wives kill their husbands; I could not tell you all I have seen, for I have seen crimes against which justice is impotent. In short, all the horrors that romancers suppose they have invented are still below the truth.’
“Whether this conclusion is correct or not, the fact is, that the law seals the lips of the priest, the doctor and the lawyer. The human heart is never completely revealed; there is always a nook or a corner that is closed to the world. But the lawyer does know human nature; and, take it all in all, I do not believe there is any class of men more outspoken, and who do more in the long run to uphold our rights, our morals and our liberties, than lawyers. The lawyer will tell you to have your will written and to have it well written; he will tell you that human nature is strongly marked in wills; he will tell you that his profession knows no more complicated and perplexing a document to prepare than a will; he will tell you that wills are frequently destroyed by unauthorized hands; he will tell you that when a provision is made by will which gives less than that which is allowed by law, that that provision will be attacked; he will tell you that wills are filed in probate in nearly every instance before the dust has adjusted itself on the grave of the testator; he will tell you, if candid, that lawyers are, in a measure, responsible for poorly written wills.
“No lawyer should be asked to write a will cheaply or hastily; the testator who has no proper appreciation of this service, and who drives a bargain for ten dollars, for that which is worth a hundred or more, usually gets about what he pays for.
“In law, as in other professions, ability and experience are essential to perfect work; when you seek a lawyer to write your will, see that he has these qualifications.
“Witnesses to wills should never be interested in the instrument. If the testator is aged, the witnesses should be those well acquainted with him; in fact, this is always a good rule, whether the testator be old or young; this precaution may prevent much trouble and complication, and it has the sanction of our highest courts.