sudden death, even in the very vigour of life and health, and under the vigilant exercise of every prudential measure; when, as a sagacious and deservedly popular author observes, “a little change of the weather-a small cold,—a disappointment in diet, will derange health; and a fall—a bruise— a tile from a house-the throwing of a stone-the trip of a foot-the scratch of a nail-the wrenching of a bit of skin-the overcutting of a corn-may destroy life;" it is the duty and paramount obligation of every considerate and rational man to avail himself of a proper season and time, and that as early as possible, to make his will, in order to preserve the future peace and harmony of his family, and prevent those irremediable disputes among them which are the consequences of intestacy. No person, therefore, who is desirous of leaving behind him the character of a just, kind, and wise member of society should delay or defer to perform the simplest and most easy act of human obligation—that of disposing of his property in the way he wishes it to descend, while he is in full possession of his reason and understanding. This is an obligation binding on all men who are possessed of property, but more especially on those who have families, and who are engaged in the connections of business. Could any man of who died without a will, return to this world to see his family almost beggared, his children scat

sense,

tered on the wide world, his business embarrassed -so as to be worth nothing; how would he grieve to think that all this confusion arose from his culpable neglect of performing so simple a duty as that of making his will? Would not he blush to find his memory despised, and perhaps execrated for neglecting to do that which would have prevented all the distress and confusion that his neglect has occasioned? Let no man then postpone this sacred duty until he is not able to perform it; for, as death is appointed to all men, and "of the day and hour knoweth no man," we should not, through neglect, want of fortitude, or cowardice, betray so shameful a neglect of our temporal concerns, till we are sick and the hand of death is upon us. Sickness has its pangs, its alienations of mind; and old age has its cares and forgetfulOur intellects are not perfect in "the time of tribulation;" we cannot think of the world at the hour of death." If we delay the duty until we are sick, we may be under the necessity of calling in the assistance of those who may deceive us; if until we are old, we may not be able to recollect our various obligations; and if until we are fretful, we may cancel the good sense and discretion of a whole life, by the spleen of a moment. Let us not, therefore, if we wish to leave behind us. the reputation of having been men of sense, and of making our memory "smell sweet in the grave,'

ness.

hazard blunders, and errors, and "the waywardness of the will" in matters which so intimately concern our dearest relatives and friends.

But besides the duty and obligation of making a will, the act is accompanied by many advantages; and among these may be mentioned, the prevention of the squandering away of the testator's property in endless and unprofitable litigation among his representatives, in order to obtain that distribution of his posthumous property at the hand of the law which, had their testator but discharged his duty and been socially provident, they might have obtained at his hands much more satisfactorily and advantageously. For although, in the case of a person dying intestate, the law provides him with heirs, it is very seldom that the distribution of property in this way is consistent with the relative merits of the parties among whom it is distributed, far less with the intentions of the deceased, had he been just enough to have discharged his duty. The law lays down a certain positive succession, which must apply in all cases alike, and cannot be guided by any individual circumstances. Nor is the likelihood of preventing contentions and law-suits among a testator's relations and kindred, and the pleasure of having his property descend in the way he approves himself, among the least advantages to be derived from the discharge of this duty. The utility and importance

of making a will appears from the circumstance, that the stamp-duty on letters of administration under an intestacy, is half as much again as on probate under a will.

2. The Consequences of neglecting the Important Duty of making a Will.

It has been said, with much truth, that of all the duties incumbent on men to perform, as members of society, it would be difficult to particularize one in which they more egregiously err than that of the disposal of their property by will. From the great number of absurd, unjust, and whimsical wills, which any one, who is in the least acquainted with law proceedings, has had the opportunity of perusing, it has been humorously and truly remarked one would be tempted to imagine that, beside the sentence "to die," there was a time appointed for all men to play the fool, and contradict every opinion of their wisdom or common sense which had been formed of them during their lives. How often is a total disregard paid to the obligations of kindred, affection, and merit, and that property which might have been usefully extended among the circles of industry and usefulness been left entirely to some worthless object, or sycophantic parasite.*

In the person of the writer of this note the truth of the position in the text has been literally verified. Though he

But besides the confusion and unhappiness which arise to survivors from the neglect of making a will, or from the making of one, when the testator cannot possibly recollect his obligations or engagements-or, what is still more galling to representatives, of making one through injustice or caprice-may be mentioned the embarrassments, and often total annulling of wills, arising from their being written in a confused or unscientific manner. And, this last mentioned precaution, I earnestly exhort testators to be on their guard against, as there are tracts in circulation, compiled or "got up" (as the phrase is) by unprofessional persons, which hold out the deceitful professions of enabling the public to make their own wills, and for this delusive purpose the "old wife," who has had the modesty to transform himself into an erudite lawyer, presents his disciples with "Forms of Wills, Simple and Elaborate." But I particularly exhort my readers not to trust to the ignorant and delusive directions of legal coxcombs and charlatans, whose knowledge, on the faith of which they have the presumption to instruct others, is principally drawn from those obsolete law books

united the triple claim of godson, grand-nephew, and joint heirat-law, with his numerous brothers and sisters, to the splendid property of one of his late uncles, the whole family have been deprived of their natural and legal claims by the Satanical arts and misrepresentations of a contemptible parasite.