s
to be paid over into their hands.
If, however, the husband, before his death, was disposed to do so, he
might make a will, and give all the property to whomsoever he pleased.
If he decided, as Albert had done, to give it all to his wife, then
it would come wholly under her control, at once. She would be under no
obligation to keep any separate account of the children's share, but
might expend it all herself, or if she were so inclined, she might
keep it safely, and perhaps add to it by the proceeds of her own
industry, and then, when the children should grow up, she might give
them as much as her maternal affection should dictate.
In order that the property of men who die, should be disposed of
properly, according to law, or according to the will, if any will be
made, it is required that soon after the death of any person takes
place, the state of the case should be reported at a certain public
office, instituted to attend to this business. There is such an office
in every county in the New England states. It is called the Probate
office. The officer, who has this business in charge, is called the
Judge of Probate. There is a similar system in force, in all the
other states of the Union, though the officers are sometimes called by
different names from those which they receive in New England.
Now, while Albert was lying sick upon his bed, he was occupied a great
deal of the time, while they thought that he was asleep, in thinking
what was to become of his wife and children in case he should die.
He knew very well that in case he died without making any will, his
property must be divided, under the direction of the Judge of Probate,
and one part of it be kept for the children, while Mary Erskine would
have the control only of the other part. This is a very excellent
arrangement in all ordinary cases, so that the law, in itself, is a
very good law. There are, however, some cases, which are exceptions,
and Albert thought that Mary Erskine's case was one. It was owing,
in a great measure, to her prudence and economy, to her efficient
industry, and to her contented and happy disposition, that he had been
able to acquire any property, instead of spending all that he earned,
like Mr. Gordon, as fast as he earned it. Then, besides, he knew
that Mary Erskine would act as conscientiously and faithfully for the
benefit of the children, if the property was all her own, as she
would if a part of it was theirs, and only held b
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