ary of so doing as physicians are of doctoring themselves. And the
lawyer instanced legal luminaries, judges whose _obiter dicta_ and
opinions _in banco_ were cited and received with the greatest respect,
and yet through whose wills, drawn up, mark you, by their own skilled
hands, coaches and tandems had been driven full speed. In regard to the
will of the deceased there was this to be said, it would not hold water.
Chapter 360, Laws of 1860, declares that no person having a husband,
wife, child, or parent, shall by his or her last will and testament,
devise or bequeath to any benevolent, charitable, scientific, literary,
religious, or missionary society, association, or corporation, in trust
or otherwise, more than one-half part of his or her estate.
"But he devised the whole."
"Yes, so he did; but in devising it he overlooked that very wise law. My
opinion in the matter is this. When, may I ask, was your grandson born?"
"He was born on the 10th of June, 1859."
"Exactly. The late Mr. Varick determined, on the birth of your grandson,
that the property should go over. His reasons for so determining are
immaterial. Rufus K. Taintor, the ablest man, sir, that ever sat on the
bench or addressed it, drew up the will at that time in accordance with
instructions received. Some years later, Taintor died of apoplexy, and
he died, too, as you doubtless remember, after the delivery of that
famous speech in the Besalul divorce case. Well, sir, what I make of the
matter is this. The late Mr. Varick, relying on Taintor's ability, and
possessing possibly some smattering of law of his own, recopied the will
every time the fancy took him to make minor alterations in the general
distribution of the trust. Consequently his last will and testament,
having been made since the passage of the law of 1860, is nugatory and
void as to one-half the bequest, and your grandson may still come in for
a very pretty sum."
"He ought to have it all," said Mr. Van Norden, decidedly.
"I don't dispute that, sir, in the least--and my opinion is that he
will get it. This will is dated five days previous to Mr. Varick's
demise. Now, according to the law of 1848, Chapter 319, and, if I
remember rightly, Section 6, no such bequest as the deceased's is valid
in any will which shall not have been made and executed at least two
months before the death of the testator. That, sir, I consider an
extremely wise bit of legislation. The law of 1860, which I qu
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