< Page:The Green Bag (1889–1914), Volume 04.pdf
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The Green Bag.

sion receive for these services? The amount will not equal, in about ninety-five per cent of the estates, the compensation allowed by law to executors and administrators for their work, the greater part of which has been done by counsel, — will not only not equal, but most frequently will not be one half of, such compensation. It is only in the excep tional litigated estate, where counsel, beside all the routine work involved in the settle ment of estates, conducts lengthy and tedious litigation, that counsel fees begin to run up in figures; yet the proportion they bear to the whole estate is seldom large. A moder ate amount of litigation has been known to be thrown in for a sum equal to the compen sation of executors and administrators, which, in the sections in which our observations have been taken, is five per cent on per sonalty, and two and a half per cent on realty. Now, after all, is not the attorney the best and most faithful friend of dead men's estates? Among the many delicate matters the attorney handles in the settlement of es tates, is the intention of a testator in making a testamentary paper. It is always the con stant endeavor to find out what the intention may be, or, if there is none, to make one or guess at it, — as a Supreme Court Justice aptly remarked on this subject that the court of last resort had the advantage of the lower court, because it had the last guess at what a testator intended. The following literary monstrosity was excluded as a will by the court, because the maker of it reached home and survived about ten days, during which time he was possessed of testamentary capa city. It would have been extremely interest ing, if the maker thereof had never seen his home again, to have learned the various guesses that would have been made to arrive at the intention of the maker, and the inter pretations that would have been put upon the instrument.

"I am going to town with my drill, and I aint feeling good and in case if i shouldend get back do as i say on this paper tomey and robert is to pay they last payment one this place Samuel nows his payments Joseph you are to have that land and town property and pay Magy $3.00 dollars $1.00 dollar a year without interest tomy Miten is to have his colt fore freedum. "tomy and robert is to settle up and make sail and devide the money equil arming my five boys this i write down and sign to my will." The following is the unique attempt to combine the Queen's English and the Fatherland's language, for the purpose of making a Pennsylvania Dutchman's will. It is to be noted that the original will bears the mark of the testator; so that the dece dent must have employed a scribe of his own mixed nationality to draw up his will. Further, the section giving his lands to his "Deer weif so lang as shee berrs mey Nam," was crossed over by lines; but upon the oaths of the witnesses to will that these lines were not on the will when executed, the will as it stands verbatim below was admitted to probate. Ocktober de 4 1867 In de Nam of God, amen. I am an maeke this mey last will and testement as fol lows, that is to say, mey deseire is to be bured with as littel expense as decensy will permit, and dat all mey debts and funerel expenses be paid as soon after my decease as conveniently may be I give and bequeath all mey massuags lands tenements and hereditaments wathsoever setuated, lay lying and being in the Conty of , Comperland township, which I parchased of Phellep Schneider to mey Deer weif so lang as shee berrs mey Nam. first to my wife her drey hundred Dollers, secount acordin to law de eintraest of one thard of my astadt so lang as she be mey weddowe. I bequeet to my sohn John twanty fivt Dollers. de rest of my chillern schell be exxectly ekell sheer and scherr a lieck. Schell I deye or deceesse den my holl estadt shall be sold so soon as convennet. I nam Samuell my Exsecketer. Wetnes mey hand an sell.

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