SOME REMINDERS WHEN DRAFTING WILLS. No. 1. Remember that the expressed intention of the testator cannot take effect when in conflict with positive rules of law. No. 2. Remember that the testator must make some definite, clean cut disposition of his property which can be enforced in accordance with the positive rules of law. No. 3. Remember that the designation of the beneficiaries must conform to the rules of certainty. No. 4. Remember that the subject matter of the gift must conform to the rules of certainty. No. 5. Remember the Court's construction of words of inheritance and of estates. No. 6. Remember statutes relating to legacies to subscribing witnesses, to children born after making will, to omission of child, to issue of deceased legatees, to widow's right of election, and the rules relating thereto, etc. No. 7. Remember to make some provisions expressing disinheritance, where desired. No. 8. Remember that ownership of his property ceases with testator's death. No. 9. Remember that the title, both legal and equitable, must immediately pass to some one else. No. 10. Remember that in creating a trust, it must point out with sufficient definiteness not only the trust property, but its object and purpose. No. 11. Remember that a trust for accumulations is not favored in law. No. 12. Remember the rule suspending the power of alienation. No. 13. Remember the rules of perpetuity. No. 14. Remember that an annuity ought not to be charged against the entire estate. No. 15. Remember that as a general rule restraints upon marriage are not favored in law. No. 16. Remember the statutes relating to the requisites and the formal execution of wills. The books afford no suggestion of a composite will. However, it is hoped that this one may be helpful to the busy attorney, for the reason that herein are given all the usual clauses which can be changed, altered, or modified to suit any circumstances. It is not desirable to use any form verbatim since forms are guides and not models. A. Testamentary Clauses. No. 1. Testamentary Clause. I, county of in the State of Michigan, do make and publish this, my last will and testament, in manner and form following, that is to say: No. 2. Testamentary Clause. I, county of in the State of Michigan, for the purpose of making that disposition of my entire estate, real and personal, which I wish to have take effect at my death, do make, publish and revoke all former wills and testamentary dispositions heretofore at any time by me made. No. 3. Testamentary Clause. I, county of .., in the State of Michigan, do make this, my last will and testament and declare my intention and purpose herein and hereby to dispose of all the lands, personal estate and property of every kind which I may own at the time of my decease or which I may have power to dispose of under the authority given to me by the last will and testament of my father and by an ante-nuptial settlement (or as the case may be) made between myself of the first part and of the second part (or as the case may be) or by all or any other instruments or authority whatsoever. No. 4. Testamentary Clause. I, ..do make, publish and declare the following as and to be my last will and testa ment: No. 5. Testamentary Clause. Be it remembered, that I, .... of in the State of Michigan, merchant (or as the case may be), being of sound, disposing mind and memory, do make and ordain my last will and testament, in manner following, viz: No. 6. Testamentary Clause. Know all men by these presents: That I, county of ... and State of Michigan, being in ill health (or good health, as the case may be), and of sound and disposing mind and memory, do make and publish this, my last will and testament, hereby revoking all former wills by me at any time heretofore made. No. 7. Testamentary Clause. of I, ... wife of... do by this my writing, purporting to be my last will and testament, dispose of my estate, both real and personal, pursuant and according to the authority to me given and reserved in and by a deed of settlement (or otherwise, as the case may be), made and executed on my marriage (or, in contemplation of my marriage), with my husband, the said and bearing (here set forth the date and parties to the settlement). And by virtue of said deed, and of all other powers and authorities whatsoever, to be given and reserved, in manner as follows, viz: No. 8. Testamentary Clause. In the name of God, amen: of the County of .. in the State of Michigan, farmer (or, as the case may be), being weak in health of body (or in perfect health as the case may be), and of sound mind, memory and understanding, but, considering the uncertainty of this transitory life, do make and publish this, my last will and testament, in manner and form following, to wit: |