not signed, owing to
the sickness of the testator to be treated as a nuncupative will; but
upon requisite proof--in a proper case--a paper, not perfected as a
written will, may be established as a nuncupative will when its
completion is prevented by act of God, or any other cause than an
intention to abandon or postpone its consummation. The presumption of
the law is against validity of a testamentary paper not completed. There
must be in the testator the _animus testandi_, which is sometimes
presumed from circumstances in such cases and in such places as
nuncupative wills are recognized. Now, your father being as you point
out, neither a soldier nor a sailor, couldn't have made a nuncupative
will under any circumstances, even if a letter would legally be treated
as such a will instead of as an ineffectual attempt to make a written
one--upon which point I confess myself ignorant. Therefore"--and he
tossed away his cigarette butt with an air of finality--"this letter
bequeathing twenty-five thousand dollars to Sadie Burch--whoever and
whatever she may be--is either an attempt to make a will or a codicil to
a will in a way not recognized by the statute, or it is an attempt to
add to, alter or vary a will already properly executed and witnessed by
arbitrarily affixing to or placing within it an extraneous written
paper."

"Well," commented Payson, "I understand what you've said about
nun--nuncupative wills, all right,--that is, I think I do. But leaving
them out of consideration I still don't see why this letter can't be
regarded as _part_ of the original will."

"For the reason that when your father executed the original document he
went through every form required by the statute for making a will. If he
hadn't, it wouldn't have been a will at all. If this paper, which never
was witnessed by a single person, could be treated as a supplement or
addition to the will, there would have been no use requiring the
original will to be witnessed, either."

"That seems logical," agreed Payson. "But isn't it often customary to
incorporate other papers by referring to them in a will?"

"It is sometimes done, and usually results in nothing but litigation.
You see for yourself how absurd it would be to treat a paper drawn or
executed after a will was made as part of it, for that would render the
requirements of the statute nugatory."

"But suppose the letter was already in existence or was written at the
same time as the will,--w