PECULIAR BEQUESTS

Otago Daily Times, Issue 22831, 16 March 1936, Page 13

PECULIAR BEQUESTS

ECCENTRIC TESTATORS DIFFICULT FOR EXECUTORS During the hearing of a case on the interpretation of a will, the late Mr Justice Gardiner recalled a story he had heard, and he related it to the court, says a writer in the Cape Times. A learned judge had arrived at a conclusion of what the testator had intended, and was delivering his judgment. He was interrupted by the sudden appearance of the supposedly dead testator, who told the judge that his interpretation was far from accurate. Mr Justice Gardiner declared that many another testator would say that, if he could. In fact, this question of deciding what was intended by the person who made out the will is the subject of many jokes in our courts.

Wills have been written on wallpaper and paper bags, but few have been written on the flat. steps of a ladder. Among such wills was that of the bachelor, Herbert Stlaehmann, who died in Los Angeles early in 1934 at the age of 52. The estate of this man was valued at about 15,000 dollars (£3000). but as. no will had been found, it was held for the time being by the Probate Court. Some 14 days later a neighbour quietly borrowed the dead man’s step-ladder, and found written on it in the dead man s writing: “ December 2, 1933. Give my all to Ellen Gotts. I love her. She is my good spirit.” Mrs Gotts was a poor widow who had befriended Stlaehmann, and in due course this unexpected legacy reached her. On occasion peculiar bequests arc made. Some time ago an important railway odieial left the sum of £2OO, which was to be invested suitably and the interest devoted to financing the periodical inspection of a church weathercock. This adornment had become insecure in the weather, and the zealous railwayman wished to guard against a recurrence of Fathers who have boon disgusted by the intemperate Jiabits of their children have on occasion placed a restraining hand to their future habits by willing them certain sums of money on conditions, Trustees would bo appointed to administer the .estate. The young man at fault would bo required to swear before them that he would no longer drink the sparkling wines and the heady brandies. Not so long ago a man came into an annual income of £12.000 by tnkinn- such an oath, lie was warned that It" is also stated that wills have been come would immediately drop to £2OO a year. The fear of that was too much for him. He was a total abstainer for tlie rest of his days. In the past it was not unusual tor men lo write their, wills on the flyleaf of Bible*, especially those men who travelled much with a Bible ever in their possession. During war time this form of will has many attractions for some men. Novels which have taken their fancy have also been chosen by men for receiving their last will and testament. It is also stated that, wills have been written on dress-shirt culls, the shell of a hen's egg. on the solo of a shoe, on (he ceiling of a dining room, on the lining of hats, on the back of a road map, on (he back of a stamp, and on orchestra programmes. It is not unusual in wills to leave direction for the erection of suitable monuments. When Petrus Jaeobus Ic Boux, of Kroonslad. died at the age of 85. he left well over £36.000. of which £IOOO was to be set aside for the erection of a monument on Ids grave. Another £2OO was (n be suitably invested and the interest used for maintaining the grave and monument in suitable order. His native servant was loft £1 and bis dog £l. The rest of the money went to bis relatives. Colonel John Dutton Hopton. the founder of the Army Rifle Association, died in 1934, and in bis will he directed: “I desire my remains to be interred on nr near the 1500 yards firing point of the rifle range at Cannon-fTrome. I also request the executor to erect a memorial temple there and t.o expend £IOOO for it.” These wishes were carried out. so perpetuating (he association of an old jmldier with the sport ho had always loved. Some men with a sense of family importance or with a mistaken notion of explaining fully every point in their will go to great lengths. Thus a man of Chinese descent who made a considerable sum of money as a builder in

England left his many children one of the lengthiest wills ever to be proved in a British court. The Chinaman had a complete history of his family traced back several hundred years, and it was told with surprising wealth of detail, all of which was incorporated in the will. The complete document must have been quite as long as a popular novel, although probably not as to the heirs.

A wealthy Indian in South Africa, who left about £IOO,OOO, had in his will the conditions that the children of his second wife could only receive their legacies provided they lived with the sons of the first wife until the age of 35, or longer if the administrators of the estate so decided. The administrators were also given the power to revoke this clause in the will if they considered it desirable to do so.

Many a man who has been docile and long suffering during his; lifetime reveals a taste of bitterness in his will. A South African farmer who amassed a fortune on his farm without the assistance of his lazy son and. the nagging criticism of his wife left his entire estate to the church.- He stated that his son would in future have to look after himself. Only half the estate, however, went to the church, as he had been married in community of property, and his wife successfully claimed the half to which she was entitled in law., A few years ago wills requesting that one’s ashes be distributed in certain localities or in peculiar methods were regarded as unusual, but of recent years we have heard of so many such wills that they no longer excite surprised comment. On several occasions men who have spent a large part of their time on one golf course have requested that their ashes be distributed at the hole which gave them most trouble. Usually such requests have been complied with. The ollicials of the club have gathered at the hole concerned, a few little speeches have been made, and after that the ashes have been flung to the winds. Mr Charles J. ' who served for many years in the Indian Civil Service and afterwards entered the House of Commons, believed’that England was as Celtic as Ireland, and he had elaborate genealogical tables drawn-up to prove his contention, and obtained other pertinent documents, all of which he bequeathed to the National University of Ireland. In his will he left a sum of money which was to be devoted to establishing lectures on his favourite theory, and these were to be given in specified universities in the British Isles in turn. A sense of humour in a testator help* to enlighten the task of certain executors, but as a rule it serves only to increase their difficulties. Imagine the difficulties of the executors in the estate of a famous Toronto lawyer. He left shares in a big brewery company to a band of temperance reformers, and shares in the Jockey Club to the bitterest opponents of betting. Happily such forms of property are readily negotiable. Even goldfish have been remembered in wills. A woman with plenty of money to dispose of directed that £7O should be devoted to the care of the three goldfish she had favoured. In the will it was stated that “one is bigger than the other two and these latter are easily recognised, as the one is loan and the other fat.” Money was also left to buy flowers to place on the graves of the goldfish. The average will, fortunately, is - a straight-forward document, and as a rule (lie man who has to leave millions behind him or the man who can_ bequeath only a few pounds is wiser if he states his wishes clearly and briefly than the man who indulges in queer fancies.