THE MOUNT AIRY NEWS, April 24th, 1913.
PAGE FIVE
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Wills; Breakable and
able.
Samuel Hemlrix had a son a
fact ho almowt regretted, for he
seemed thoroughly bad and the
father had expended much of
his property in keeping the boy
out of jail. Naturally enough,
fiimuel desired, that ai his death
hw wufe and daughter should re
Unbreak-j before the po-wer to mak a will
in granted.
Married women were formerly
denied the right to will their
property, but modern, statutes
quite generally give thm that
privilege Of course, an insane
person, lacking the required men
tal qualification, cannot make n
will, nor can infants under age,
in most. Sti.t.
ceive all the ronainine property j The first great requisite Yf a
and the son none.i So he wrote I wi Li that it ..ii.n k.
the following':
This docs not mean tliat it nfd
When- 1 die it w my will that ( be written in longhand, though
all my property be equally divid-, tliat w the ancst definable of all
ed between my wife, Ivrther, and ways when the maker is prewar
my daughter, Sarali
"(Signed) Samuel Hendrix."
Samuel had heard that wit
nen are necessary to a will, so
he, called in his wife, Esther, and
daughiter, ISarah, and had them
watch him while hei wrote his
aignature and then algn their
names below his. The result was
that neither the wife nor the
daughter timid take any property
under the will, for it i a gen
eral rule of law that no one who
witnesses a will may tatke any
benefit or receive anythirg from
that will. Had Samuel llendrix
possessed a bit more information
of the Law he would have called
others as witnesses and his wish
en could have been enforced.
Thw illutrtratt'S but one of the
many pitfalls into which one
may fall in tlie very imjyvtant
tasii' otf drafting his will. The
preparation of a will is usually
a tank for an attorney, and a
good one, but there are cases of
emergency when a lawyer's ser
vices are not reaxldJy obtainable.
If thw ftate is ranall and not seat-
to be made of it is simple, dirciet
clearly understood it requires no
grtu knowledge to draft an ef
fective will. In any event some
information of the laws gowrn
ing the disposition of p're-perty on
deiatJi w interesting, as well
decidedlv ust-ful.
ing hw own will. Typewritten
wills anl printof will, with the
blaikka filled in, are common, and
wills hare been held valid when
prepared in many unusual ways
on strange sitftrtitutes for paper
or parchment. The- prudent at
torney, iu prejarirvg a will, la
waya sees to it that the entire in
strimient in fastened together.
Thus if the wiH consists of sev
rael tV'rtewritten or nrint.wl i.i.tu
I-..- -....
the last of which alone is signed.
A will U ever a fascinating in
strument. The preparation cf it
is a serioiw matter and into it the
maker put.s his deliberate and
weJl-ronaideml thought. Thus it
goes for toward revealing1 the
real spirit of the maker. The
words of the wili are the words
a man desire to leave when he
has paswd beyond; they display
his true, attitude twarl friend's
anl relatives. ,
Doath is the great inevitaiblc.
Tax dodder are' famous, but
death doners have thp.s far
achieved no notoriety. The will
us made Ln appreciation, of the
inevitable enl and takes cffWt
upon decease. It is thus that
one may be assured that his wish
es in regard to the disposition of
his property will be regarded af
ter death. The p.wer to in-ike a
will has not always been recog
nized by law. The will is stated
to be of lloinan origin, but, be
that as it may, the power to will
is now firmly established aj:d re
cognized by law.
To roaJc a will require men
tal capacity. We often hear of
instruments drawn as wills which
are set aside by the court be
eaits tho maker was lacking in
intellect. Tlie mental capacity
thAt is reqmred to make a will
may be enumerated as follow:
1. Ability to undftretaind thf na
ture of a will and that the
maker is cmraged in making his
Mrill. 2. Ability to know and
keep in mind the various items
or Ins property. 3. Ability to
know ami keep in mind tlie mun
bers of the family and others en
titbd tc the maker's bounty. In
general, ijiv irsoji of full a?e
possessing th mental eap.vcity
described alxive, and not iub
jct to some iqMf ial legal dis
ability, may make a valid and
biruling will. In the majoritf of
the State the full age of 21
Jiars in repaired of Wb nih
another tj'ptwnttcn page might
be1 substituted for an unsignetl
one and the wholo character of
the instrument alUred. So, if
the entire will cannot be written
onj a single shwt of paper, the
various pages should bo so at
tached that' they cannot be sep
arated without "detection. The
'pages are usually stapled or past-
'u togemer ar tne top ano a
eord Is run thruigh them, tied
and sealed. It is wise for the
maker of the will, the testator as
he iw called, to iliitiiil each age
in smvh ca.ses.
Further, the will must be sign
ed by the maker and witmsstd
in the manner required by the
statutes (f the State iu which it
is made. Nevada is the only
State which nuiics a seal. The
u-mal arid prs.er methrd of sign
vrr is for the maker to write
as; his n;.ine iu full at the bottom of
I L .'Ii .i
uie win. vnere tlie maker can-
ho expressly re-okes the earlier
one, or pen a revocation, either
of which instruments must be
xignul and witne.sst.d ha a wttl.
Or he may take the will anl bv
tearing it up, burnirg it, or
drawing' lines through it, with
the intention of revoking it.
cause it to lose all effect as a
will. In Iowa tills act must he
done in the hwiu' of witness
es and in all cases it is best
t do so.
On the death of the maker,
thoe interested in tlie will us
ually secure th Herivees of an
attorney in having it prcl)atI
and the estate administered. Of
ooiirse, the person name! Ln the
will as exetutor may himself
plnoe it before the probatet, or
Hniiliar court, but he usually
fuuls it simpler to have a lawyer
arrange matters. If no exee.utor
iuut bien nana tl by the maker in
his will, an administrator is ap-
Iointcd by the court. It us the
duty of executor or administrator
to care for the tlewased's pro
perty and see tliat it is distribut
ed according to the term of the
will under the. direction of the
court. Of course, the will ami
proof of tlx 'maker's death must
first be laced bfore the court
and the val'ulity of the will established.
In determining- the meaning of
a will, the court is always guid
ed by the cardinal principle that
the intention cf the maker of the
will is to be determined as ac
curately as possible from tlie in
strument and effect given there
to. The task! of the person inaik
irr a will is to realize its im
portance, weigli all the possihil-l
itks refully and state them
clearly. The task' of the lawyer'
is to warn the maker cf the ,
various contingencies that may j
arise in tlie maker's peculiar cir-
sit ion of his property and to see
that all of the necessary formal
ities have Wen complied with. A
will i not a thing to be made
h.'ustily, or without infonnrtticn.
Coiwii!er thoroughly and then act
oarefullv.
Spcaicer Man Takej Frif dman
Curt.
Sjenecr, April l.. One of the
first North (.'aroliniais to take
the treatment under Dr. F. F.
Friedmann for tuberculosis Ls II.
F. Wilhemi, of Spencer. lie left
U.4uy for Providence, R. I ,
where he has a definite apjxint
mtflit made by wire to take tlie
treatrnentby Dr. Friedmann. Mr.
Willi elm recently returmsl from
New Mexico, where he went for
his health. lie has made a close
study of the Dr. Friedmann meth
od and has great confidence, in
his ability to cure.
I if
u "ini n niv-' -xi
Trustee's Sale.
Hy virtue of the authcrity con
ferred upon me iu a Deed f
Trust, executed cn the 27th, (Ipv
of August, 1J()0, by W. B. Nor
man and wife and recorded in
Jkiok 22, Page 97 of the m-ord
if Deeds of Trust of Surry Coun
ty, I will sell to the hkrheirt. bid
der for cash un front of the First
National Hanik. Mt. Airv. V ('
oniSaturday the 24th day of May
VJl.i, at one o'clock P. M. the fol
lowing real if ate . to-wri t :
A tract: of land in the town of
Dobson, N. (T, ajid lsmndisl as
ioikws: On the north by (burt
Hous4 siriuare. on the Kn.sf l'v .1
('. rKp r, on the South by I -t
iormerly owned by ( . II. Ilaynes.
and an alley, on the West bv
Martha Norman and Street
known as lot No. 4.1 as renre-
s rtid by the plot of tlie town
CI I()ffl.
Sale inale to satNfv deM of
two hundred dollars, with inter
est and costs to be added.
This April 21st, 191. 'J.
W. F. Carter, Trustee.
fi
f
Yon can ve yonmlf loci by limning1 aguinrt damage
done by Cycloaei and Wlndi-etcrma. Tit raiei ar very
low and your mind will be made eary with a policy la
etfher cf the following Companies:
Livcrpccl & London & Globe Ins. Co. cf England.
Springfield Fire & Marine Insurarre Ct., cf Mass.
Goanectiout Fire Insurance Co. cf Hartford.
Granite City Realty S Trust Co.
P. L. HAWKS Manager.
MOUNT AIRY, - - North Carolina.
The New Home of The News.
The ww home of The News
Office is now ow Moore Street 50
rards Knst of the First National
Dank.
Notice of Dissolution of Partner
ship. Notice is hereby given that
the partnership heretofore exist
ing between the undersigned
trading as J. W. Prather Cloth
ing (Vropany lwus been dissolved!
ami that Jesse F. Prather suc
ceeds to the ownership of said
business and becomes the sole
owner thereof.
This Dec. 6th, 1912.
Mrs. Julia F. Prather,
Mrs. C. D. Jarvis,
Ohas. D. Prather,
Mrs. T. K. Oale,
I. F. Prather.
1
' t write, bin "mark" is suffi
cient. Wills have bten he!
valid -when signed with initials, or
parts cf flu- iwune. or by a stamp, j
out Mien methods are dangerous.
If a person Ls for any reason in
no.ible of writing he may au
lfi: ititltr to sit'ii his namie
V Vim.
N t only miKt a will be fLgn
!. but it must also be witness
el. -ind that in the strictest form.
i-MMiie States rtijuire but two wit-PyseS-.
others three, but it i nl.
ways best to have three witness
es. As was pointed out in the
cav (f Nrtmue! Hendrix, the wit
iiessi s must be persons who have
no interest in the will, and it
in ust )' seen to that neither they
nor their near near relatives un
to receive anything under the
will.
The manner in which a careful
attorney completes the necessary
loinalities, having written the
will itself and secured the wit
nesses is somewhat as follows:
All the persons maker and wit
nessedmust b- rn the. wim. nn
and all un siv f, each other.
The maker dec. V the will to
be his and wri'fl'his signature,
with all the witnesses watching
him. Then ea-h of the wiiiwss
es in turn siens his name, the en
tire party still remaining together
While a will is usually dated, this
is not neieessary. No registration
is nuire.l. The original will Is
fibnl in a safe place, usually by
the maker among papers, and
a ejy put in another place.
usually by nhe maker among his
jKtH'rs, and a copy put in anoth
er p!:ue. The copy Ls not a will,
but is uwful in proving the con
tents of tlie will if the instru
ment should be destroyed or al
tered. Haviir made a will and wisii
uig to change k, the maker has
two general courses open. He
may write another will, Ln wkwh
pleasure
r 7". for smokers of
nil m
si
FIRST NATIONAL BANK
I AIRY
The Oldest and Largest Bank in Surry County
Has Been Established for Twenty Years and Has
Half a Million Dollars variable for c.e
Accommodation of its Customers
Geo. D. Fawcett, President C. L. Hanks, Vice-President
A. Q. Trotter Vice-President. T. G. Fawcett, Cashier.
L
1
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Kvery grain of it is pure, clean tobacco.
Tucked into a pipe, or rolled into a cigarette,
it makes a delightful smoke.
If jou bare not moked Duke'e Nflxture, nide by
Litt'tt & Mftn t Durh.ni, N. C., try it now.
In ddition to one and a half ouncrt of fine Virginia
nd North Carolina leaf, with each 5c aark of Duke'l
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A Free Present Coupon
Theae roupona are good for bundreda of valuable
preaeuta. There are abating aeU, jewelry, cut glaaa, bate
balla, tennia racqueta, talking machine!, furniture, cam
eraa, and doaena of other articlea aurUble for every member
of the family each of them well
worth aaruiff the coupons for.
Aa a apecial offer, dttr
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only, we will send our
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r r w n
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iwM mil A l.ri frm HORSE
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TWIST, mi from FOUR
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MOPiT C IGARETTES. CI IX
Premium Dept.
Our Metal Bodsteads
are a marrel of neat designs and
rich trimmings. In the past few
years this gtyle of bed has super
seded the solid wood to some ex
tent, and while the latter will
never b oeut of style, yet many
like the metal kind for several
good reasons. We carry
A Big Una
of these from the modest enam
eled one at $2.50 to the solid
i brass at $25.00 and wo solicit
W. E. Merrltt Co.
JOHN I. WOUZ, II. D.
Ptiyaiaian and Surgaon
All eajla promitly attend
', I ed, day or night.
! I Office over S. M. Hales
;; Store. Hione No. 205.
it ft i ....
frpeciai attention given T
t to oinee practu-e luelays
and Saturday a
iPv,M
I - i m ii MMaBBWw
ARE YOU GOING TO BUILD
Tau bara aoma ideaa of tha bavmm
rou want to build. Let ma put Ua
togather, maka your plana, writ up
your apaciflcationa, etc. Worajast
p.ana aara mora than cost, beaUaa.
baring what you set before yean
PUlld.
Dwlght H. Cook
ARCHITECT
ST. LOUIS, Ma
I
rl
A
;WE DO THE MOST DITTI
CULT REP AIRING
1
. If you should have an aoci
I dejit to v-our time pieces, no
matter h ow badly they are dam
j ageil, briig them to us. We w ill
j make theni good as new. We
; effer you
1 EXPERT WATCHMAKER'S
SERVICE.
j at wateh tinker's prices. If you
ihave LlaeksHiithing to do or
j bicycles to repair don't iriug
aiean to us. We m&ae a spec
ialty of Wateh repairing. Watch
es r leaned and warranted for one
year.
J. W. KNIGHT,
Motat Airr, H. 0.
Shoes While Yon Wait.
I ain now located in my nt'
shop on Moore street in rear p
First National Baikk aext door t
The News office and have 0
latest improved Klecrtic SoLpp
machine aid ean repair ymit-.
shoea while you wait.
Open day and night.
I have also bought a lot
home tanned calf akin leather
from D. M. Smith ef Dolion aaU
am prepared to take orders
shoes.
Workmanship and materia J
guaranteed. J. Z. Vaughn.
Phone 201
Notice.
Having qualified as Admioi
trator of .Ihn Fleminjr, dtcrj
Hi, I hereby notify all pcrsijk-
holding claims gaint the. etto
to present tlie wanie to me
payment within one yar frftja
the date of th'u notice, or tlve- '
ame will be plul.d in !ar .sf"
reovfry thereon. All j. -ris
inlfted to tid estate ar te- i
quested to con.e forwartl aiaal
mitke HnineJiafi' settlement.
Tliw Manii tl, Wl l.
C. E. Flftau'uitr, A(Tot.
John Fleming, doc cl.
Folger & Folder, Attys. .
CXKI,(TS ftWDlSCOTir
IVU! Sirelr $t Xhii Cessfw