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Story
April 15, 1916
The Bennington Evening Banner
Bennington, Bennington County, Vermont
What is this article about?
Charles S. Cutting, former Chicago probate judge, outlines do's and don'ts for creating a valid, unbreakable will, covering planning, formalities, witnesses, and common pitfalls in the May American Magazine.
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HOW TO MAKE A WILL
Chicago Authority Says What To Do And Not To Do.
In the May American Magazine
Charles S. Cutting, who is one of America's foremost authorities on probate law and for many years was judge of the probate court in Chicago, gives the following directions for making a safe will that can't be broken:
Do's
1. Before you consult anybody, decide how you propose to leave your property.
2. If the disposition to be made is simple, any ordinarily skilled person can draw your will.
3. If your will is complicated, including trusts, life estates and so forth, employ the most skilled draftsman within your acquaintance.
4. Do as your legal adviser tells you as to matters concerning which there may be doubt.
5. Be sure to comply with all formalities required by the statute, especially the following
6. Subscribe your name to the will in the presence of witnesses.
7. Declare it to be your will in their presence.
8. Have at least two witnesses sign in your presence.
9. If you sign by mark, or for any reason are unable to write your name, have at least three witnesses to the fact of your signing by mark or that you requested some other person to write your name
10. Ask people who have long known you and who have no doubt as to your sanity to be witnesses to your will.
11. Place your will in the custody of some perfectly responsible person or corporation, or in some receptacle, as a safety deposit vault, which cannot be opened after your death without the presence of public officials.
12. Remember that any provision you make for your wife if an offer to purchase from her her statutory rights, and that if she chooses she may reject your offer and take under the statute
Don'ts
1. Don't put off making a will until you are ill and your disinherited relatives will say that your mind is affected
2. Don't believe that making your will will hasten your death
3. In states where the statutes give a widow dower only in her husband's real estate, don't get the idea that she will be the owner in fee of one third of his realty
4. Don't attempt to tie up your estate for a long period, providing for ultimate distribution in the distant future. Courts are very apt to find ways to construe such a will contrary to your intention.
5. Don't let your will be the vehicle of conveying to posterity your hatred or dislike of individuals
6. If you are wealthy and have provided well for your family, don't forget the obligation you owe to the community in which you have acquired your fortune.
7. Don't attempt to change your will after it is written and witnessed, by drawing lines across certain portions of it and writing in other directions. Such attempts will fail
8. Don't make a non-resident of your state executor of your will. Many states will not permit him to act.
9. Don't have the man you selected as executor sign as a witness. It may disqualify him
10. Don't allow any legatee or devisee in your will to sign as a witness. If he does he may lose his legacy or devise.
11. If you wish to add a codicil to your will, don't fail to have the codicil refer unmistakably to the will and to attach the codicil thereto physically.
12. Don't hesitate to change your will by codicil or otherwise whenever you see fit.
Chicago Authority Says What To Do And Not To Do.
In the May American Magazine
Charles S. Cutting, who is one of America's foremost authorities on probate law and for many years was judge of the probate court in Chicago, gives the following directions for making a safe will that can't be broken:
Do's
1. Before you consult anybody, decide how you propose to leave your property.
2. If the disposition to be made is simple, any ordinarily skilled person can draw your will.
3. If your will is complicated, including trusts, life estates and so forth, employ the most skilled draftsman within your acquaintance.
4. Do as your legal adviser tells you as to matters concerning which there may be doubt.
5. Be sure to comply with all formalities required by the statute, especially the following
6. Subscribe your name to the will in the presence of witnesses.
7. Declare it to be your will in their presence.
8. Have at least two witnesses sign in your presence.
9. If you sign by mark, or for any reason are unable to write your name, have at least three witnesses to the fact of your signing by mark or that you requested some other person to write your name
10. Ask people who have long known you and who have no doubt as to your sanity to be witnesses to your will.
11. Place your will in the custody of some perfectly responsible person or corporation, or in some receptacle, as a safety deposit vault, which cannot be opened after your death without the presence of public officials.
12. Remember that any provision you make for your wife if an offer to purchase from her her statutory rights, and that if she chooses she may reject your offer and take under the statute
Don'ts
1. Don't put off making a will until you are ill and your disinherited relatives will say that your mind is affected
2. Don't believe that making your will will hasten your death
3. In states where the statutes give a widow dower only in her husband's real estate, don't get the idea that she will be the owner in fee of one third of his realty
4. Don't attempt to tie up your estate for a long period, providing for ultimate distribution in the distant future. Courts are very apt to find ways to construe such a will contrary to your intention.
5. Don't let your will be the vehicle of conveying to posterity your hatred or dislike of individuals
6. If you are wealthy and have provided well for your family, don't forget the obligation you owe to the community in which you have acquired your fortune.
7. Don't attempt to change your will after it is written and witnessed, by drawing lines across certain portions of it and writing in other directions. Such attempts will fail
8. Don't make a non-resident of your state executor of your will. Many states will not permit him to act.
9. Don't have the man you selected as executor sign as a witness. It may disqualify him
10. Don't allow any legatee or devisee in your will to sign as a witness. If he does he may lose his legacy or devise.
11. If you wish to add a codicil to your will, don't fail to have the codicil refer unmistakably to the will and to attach the codicil thereto physically.
12. Don't hesitate to change your will by codicil or otherwise whenever you see fit.
What sub-type of article is it?
Legal Guide
Instructional Advice
What keywords are associated?
Will Making
Probate Law
Legal Advice
Witness Requirements
Estate Planning
Codicil
Executor Selection
What entities or persons were involved?
Charles S. Cutting
Where did it happen?
Chicago
Story Details
Key Persons
Charles S. Cutting
Location
Chicago
Event Date
May
Story Details
Provides detailed do's and don'ts for making a valid will, including planning, formalities, witnesses, custody, and avoiding common errors like improper changes or biased provisions.