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WILLS and TESTAMENTS.
79
was brought to him, he made several alterations,
and then wrote the whole over, this being
found in his study held good, as to the personal
estate. And on this head, see the cases
cited in page 74.
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Yet as blackstone observes, 2 vol. 502, it is
the safer, and more prudent way, to sign, seal,
and publish it in the presence of witnesses; and
on this occasion, I cannot help remarking, how
indiscreet it is, particularly for a man who has
a family, to put off making his will till he is on
his death bed. It is an act that requires the utmost
deliberation, and should therefore be executed,
when the judgment is in full vigour,
that the estate may be disposed of with justice,
and all family disputes, and quarrels prevented,
by the clear expressions of his intention: for
which purpose, money cannot be better laid
out, than in getting able assistance, if not to be
had without expence. For, tho' the rule is
that a man's intention is to be followed in the
construction, where it does not impugne some
rule or principal in law, yet for want of accuracy
in the expression, it is so often doubtful
what the intention is, that, for the most part,
when titles to lands are disputed, the contest arises
upon some will. But to proceed. |
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