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On Will-Making
by
An old man is twice a child: the dying man becomes the property of his family. He has no choice left, and his voluntary power is merged in old saws and prescriptive usages. The property we have derived from our kindred reverts tacitly to them; and not to let it take its course is a sort of violence done to nature as well as custom. The idea of property, of something in common, does not mix cordially with friendship, but is inseparable from near relationship. We owe a return in kind, where we feel no obligation for a favour; and consign our possessions to our next-of-kin as mechanically as we lean our heads on the pillow, and go out of the world in the same state of stupid amazement that we came into it!. . ._Caetera desunt.
NOTES
[1] A poor woman at Plymouth who did not like the formality, or could not afford the expense of a will, thought to leave what little property she had in wearing apparel and household moveables to her friends and relations, viva voce, and before Death stopped her breath. She gave and willed away (of her proper authority) her chair and table to one, her bed to another, an old cloak to a third, a night-cap and petticoat to a fourth, and so on. The old crones sat weeping round, and soon after carried off all they could lay their hands upon, and left their benefactress to her fate. They were no sooner gone than she unexpectedly recovered, and sent to have her things back again; but not one of them could she get, and she was left without a rag to her back, or a friend to condole with her.
[2] The law of primogeniture has its origin in the principle here stated, the desire of perpetuating some one palpable and prominent proof of wealth and power.
[3] It is as follows:
‘The Will of a Virtuoso.
I, Nicholas Gimcrack, being in sound Health of Mind, but in great Weakness of Body, do by this my Last Will and Testament bequeath my worldly Goods and Chattels in Manner following:–
Imprimis, To my dear Wife,
– One Box of Butterflies,
– One Drawer of Shells,
– A Female Skeleton,
– A Dried Cockatrice.
Item, To my Daughter Elizabeth,
– My Receipt for preserving dead Caterpillars,
– As also my Preparations of Winter May-Dew, and Embrio Pickle.
Item, to my little Daughter Fanny,
– Three Crocodiles’ Eggs.
– And upon the Birth of her first Child, if she marries with her Mother’s Consent,
– The Nest of a Humming Bird.
Item, To my eldest Brother, as an acknowledgment for the Lands he has vested in my Son Charles, I bequeath
– My last Year’s Collection of Grasshoppers.
Item, To his Daughter Susanna, being his only Child, I bequeath my English Weeds pasted on Royal Paper,
– With my large Folio of Indian Cabbage.
Having fully provided for my Nephew Isaac, by making over to him some years since
– A horned Searaboeus,
– The Skin of a Rattle-Snake, and
– The Mummy of an Egyptian King,
I make no further Provision for him in this my Will.
I My eldest Son John having spoken disrespectfully of his little Sister, whom I keep by me in Spirits of Wine, and in many other Instances behaved himself undutifully towards me, I do disinherit, and wholly cut off from any Part of this my Personal Estate, by giving him a single Cockle-Shell.
To my Second Son Charles, I give and bequeath all my Flowers, Plants, Minerals, Mosses, Shells, Pebbles, Fossils, Beetles, Butterflies, Caterpillars, Grasshoppers, and Vermin, not above specified : As also my Monsters, both wet and dry, making the said Charles whole and sole Executor of this my Last Will and Testament, he paying or causing to be paid the aforesaid Legacies within the Space of Six Months after my Decease. And I do hereby revoke all other Wills whatsoever by me formerly made.’–Tatler, vol. iv. No. 216.
[4] Kellerman lately left his heart to be buried in the field of Valmy, where the first great battle was fought in the year 1792, in which the Allies were repulsed. Oh! might that heart prove the root from which the tree of Liberty may spring up and flourish once more, as the basil tree grew and grew from the cherished head of Isabella’s lover!