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Pascal has taught us all, that men never do evil so cheerfully and effectually as when they do it upon a false principle of conscience.

NICANDER.

P. S. Since the above was write ten, I have referred to the Review of Ingram in your volume for 1808; and perceive, that on several points, my opinions are coincident with those expressed by the critic and his author. However, on so wide an expanse of subject, the most inexperienced adventurer may discover objects, either accidentally over looked, or regarded as comparatively unimportant, by such as have traversed the same level, far better able than himself to measure its length and breadth, and to ascertain its relative bearings.

HINTS RELATIVE TO THE DUTY AND
MODE OF MAKING A WILL,
[Concluded from p. 425.]

Ir a parent survive, and need the
assistance of a child, it is unques-
tionably the first of his duties to
take care of that parent. It may
be right to remark here, that, in
case of intestacy, a parent cannot
inherit the landed property of a
child. This would pass to an uncle
rather than to a parent. But, on
the contrary, a father is the repre-
sentative of a child, with regard to
personal property; and, in case of
the child's intestacy without off-
spring, he would enjoy the whole of
it. But a mother would only take
a share of this property, in a simi-
lar proportion to that which would
be enjoyed by each of the brothers
and sisters of the deceased child.

With regard to brothers and sis ters, if there be not a will, the eldest brother is the heir to the landed property of all of those that do not leave children; but the personal property is divided equally among the survivors; the children of a deceased brother, or sister,

dividing among them, by the statute of distribution, the share that would have been taken by their parent. A testator, however, is not bound by this rule, and though he be at liberty to distribute his property in whatever way he may think right, a sense of obligation to the parents from whom brothers and sisters mutually spring, inde pendent of the affection which they naturally feel, or ought to feel, for one another, will, it is presumed, induce a testator to advance their interest in preference to that of other persons. The share that shall be given to each must be regulated by a variety of circumstances; such as the favours and attentions that have been received by the testator; the professions or promises that have been made by him to them; and the need in which the individual stands of the testator's help.

It may not be improper to remark here, that though, in case of intestacy, the eldest brother, or his eldest male descendant, is heir to the landed property of all the brothers and sisters that do not leave children, and though brothers succeed each other according to seniority in their heirship, yet if all of them die without children, and leave several sisters, these sisters will not inherit the estate in succession, but the inheritance will be divided equally between them as coheiresses.

It is also not unworthy of remark, that brothers cannot inherit a landed estate unless they be of the whole blood; that is, unless they be descended not only from the same father but from the same father and mother. For instance; if a father die and leave two children by different mothers, in case the first of these die, during the life of the father, the second will succeed as heir to the father; but if the father die first, and then the eldest son, the second will not succeed to the inheritance, because he is only of half blood with the eldest; and the estate will pass to

the father's brother in preference

to him.

With regard to personal property, however, brothers and sisters of half blood take their shares of it, equally with those of whole blood.

These peculiarities are mentioned in order to shew the niceties of the law, and the necessity of taking good legal advice, in making a testamentary distribution of property. Those who wish farther information on the subject of title by descent are referred to the commentaries of Sir William Blackstone, in which it is ably and fully discussed, vol. ii. page 200.

Nephews and nieces come next within the notice of a testator; and here it may not be improper to observe, that though nephews and nieces take the share of their deceased parent in any interest in personals that might descend to that parent in consequence of the intestacy of their uncle, yet the children of these nephews and nieces do not take any share of such division in case their parent die before them. A testator, however, is not bound to regard such a law, and will perhaps think it right, if he have no children of his own, to consider the children of a nephew or niece among his next of kin, and as holding the place of their deceased parent, still proportioning the share of such grand-nephew, or grandniece, according to the different circumstances that operate more or less in favour of one or other of them, compared with those of others, in a similar degree of relationship. The claims of these different persons are derived from the obligation of the testator to the ancestor, which they have in common with himself; and, therefore, the further this common ancestor is removed, the weaker the obligation necessarily becomes, and the more open the testator is, by nature as well as by law, to consider the claims that other persons have upon him.

The relationship of cousins is so
CHRIST. OBSERV. No. 116.

slight, that it seldom operates on the mind of a testator, unless other circumstances are blended with it. First cousins, however, descending from a common grandfather, may naturally be supposed to feel an attachment to each other, of no small degree of force. Their intimate and familiar habits, espe cially in the early part of life, naturally lay the foundation for a friendship and affection which often have considerable force through the remainder of it; and, when no nearer relations intervene, cousins very properly claim considerable attention in the posthumous disposition of a testator's property.

Poor relations again have a claim to be remembered, in preference to other necessitous persons; for this strong reason, that, if relations do not provide for them, they have no reason to expect that others will: "mankind," as Dr. Paley observes, "by a kind of established consent, leaving the reduced branches of good families to the bounty of their wealthy alliances."

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A married man should consider not only the claims which his own relations have upon him, but those also which may be justly made by the relations of his wife. And if the wife be dead, her relations ought not to be forgotten; especially in those cases, which are not unfrequent, where no inconsiderable part of the property has been either acquired by the assistance, or preserved by the economy, of this wife. This remark will apply with equal force, when a widow has property to bequeath, which property was either acquired, or increased by the exertions and care of a deceased husband.

A second marriage has too often obliterated the recollection of those obligations which were incurred by that which preceded. It is to be hoped, that when this has happened, it has proceeded from forgetfulness rather than from deliberate and in

Principles of Moral and Political Philosophy. Vol. i. page 227.

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tentional injustice; since it cannot be doubted, if near relations do not intervene, that such interesting connections have a just claim on a testator's recollection.

Next to those persons who are related by blood and alliance, perhaps none have a greater claim on the remembrance of a testator than trusty old servants to their attentions all are more or less indebted, and from them many derive, without think. ing upon it, a very considerable share of their ease and comfort. Legacies to servants ought not to in terfere with the higher claims of relations; but not unfrequently, a handsome token of regard, and sometimes an annual allowance for life, may be spared from the testator's effects, for one, or even for several such valuable domestic friends, without essentially interfering with the provision that relations have a right to expect. A difference, however, may justly be made between the conduct of a testator who has no wife, and one who has. When a wife survives, to whom the servants are equally valuable, and with whom, after the death of the testator, the same establishment will probably be continued as during his life, it may be a question how far the provision for such servants should be left to her discretion. But if there be no wife, there cannot, I think, be any doubt of the just claim which old and trusty servants have to a handsome notice. Servants are not the only persons in this class of a testator's connections, who prefer a claim to his remembrance. If there be children of servants, or poor neighbours of any other kind, whose comforts have been increased, or whose misfortunes have been mitigated, either by the regular or occasional benefactions of the testator, such persons ought not to be forgotten; but, as far as other circumstances render prudent, a provision should be made for continuing those kind acts, either in part or in the whole; and, as nearly as possible, in the same

way in which the assistance was afforded during the life of the testator.

Benefactors are of two kinds; such as, by their rank in life, are above the need of a return for the assistance they afford; and such as, though able and willing to do a kind action, are so situated as to require, when a proper opportunity offers, a return either of the same services, or of those of a similar sort. To the first, a respectful token of remembrance is often valuable, not so much on account of the intrinsic value of the legacy as of the testimony it affords of the grateful feelings of the testator. To them it cannot be necessary to leave such a portion of the property as shall in any degree interfere with the claims of relations. But with regard to the lat ter, the degree of benefit conferred upon the testator should be well considered; and if this has been important, justice as well as gratitude require that the token of remembrance should bear some proportion to it.

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Most men belong to a profession; and this forms a line that regulates much of their manners, both in thinking and acting; a great part their lives being of course spent among those who are engaged in a similar pursuit. If, therefore, the interest of the profession itself can be promoted, or that of those who pursue it be benefited, either generally or in particular instances, without interfering with higher claims, it must afford satisfaction to every liberal mind. Institutions formed for the relief of persons who have been less fortunate in their exertions, or for their necessitous widows and orphans, have a particular claim on the recollection of those who have been more successful; particularly if these latter are indebted to the profession for no inconsiderable part of their affluence; and still more forcibly, if they have no near rela tions to whom they can leave their property after their death.

Public charities are so numerous in this metropolis, that they justly en title its inhabitants to the encomium

of being charitable. The motives, by which the choice of the institution on which to bestow benevolencé is influenced, are so various that it is not possible to enumerate them. Whatever these be, they operate with equal force when the question arises how the surplus of property shall be disposed of after death. If men are inclined to contribute to the support of an institution during their lives, that same inclination should induce them to provide for its continued support after their death; and a sum, sufficient to produce at Jeast an equivalent to the annual donation which they have been accustomed to bestow, may be spared, in most instances, without interfering with the just claims of relations, be they ever so near; and when these are far removed, the claims of public charities become so much the stronger, and a greater or smaller sum may be devoted to their service, according to the views which the testator has of the utility and claims of the respective institutions. Having thus finished the hints which I purposed to offer on this interesting subject, I conclude with two remarks. The first I would gladly address to the solicitor employed to assist a testator in drawing up his will, if I were not conscious that the delicacy of his situation will not allow him to interfere on such a subject without the sanction of higher authority. I therefore beg leave to put it in the form of a question to the members of the British legislature; and it is as fol lows:-"Would it not be beneficial to the community at large, not only to authorise every legal man to read to his client, before he proceed to draw up his will (unless the extreme illness of the client render this inexpedient) an address some what similar to that which follows; but also to impose an obligation upon him to certify, at the close of every will to which he is a witness, that he has done it; under a penalty, on the part of the solicitor, of twenty pounds for every omission?"

PROPOSED ADDRESS FROM THE SOLICI

TOR TO HIS CLIENT.

"Before I proceed to execute your instructions, it is my duty re spectfully to remind you not only of the importance of making choice of able, active, and conscientious persons to be your executors, but of the necessity of abstracting your mind from all hasty prejudices and undue partialities, in the directions you are going to give for the distri bution of your property. I beg leave also to remind you, that the following persons (if there be such), appear to have a just claim on your deliberate consideration,

"

First, your wife.

Secondly, your children; with their wives and children; and those of your wife by a former husband, if she have any.

Thirdly, your parents.

Fourthly, your brothers and sis ters; whether of whole blood or half blood; whether legitimate or illegitimate.

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Fifthly, your nephews and nieces, with their children.

"Sixthly, your cousins, with the greater or smaller claim that they have, in consequence of their attentions and kindness to yourself, or their own individual necessities.

Seventhly, your servants and dependants.

"Eighthly, your benefactors and friends.

"Ninthly your professional connections; and such institutions as are formed for the relief of those who have been less fortunate in your own line of life than yourself.

"Tenthly, public charities, par ticularly those which have been the objects of your more immediate at tention."

I am aware that this precaution would not be of any avail in the far greater number of mstances in which' it might be employed; but if a few only were influenced by it to make a more just distribution of their property than would otherwise take place, the labour would not be in

vain.

My last remark I also put in the form of a question; and I beg leave to address it to clergymen, and to ministers of religion of every denomination.

"Would it not be beneficial, occasionally, and perhaps at stated times, not only to urge on the individuals of your respective congregations the

importance of making their wills, but to offer a few hints relative to the mode in which this duty may most reasonably and justly be performed?" A judicious discourse of this kind was published in the year 1802, by Samuel Charters, D. D. minister of Wilton, in North Bri tain.

REVIEW OF NEW PUBLICATIONS.

The Select Remains of Mr. JAMES MEIKLE, late Surgeon in Carnwath; or Extracts from Manuscripts found among his Papers, entitled, 1. The Monthly Memorial, or a periodical Interview with the King of Terrors. 2. A Secret Survey into the State of the Soul. 3. The House of Mourning, or Poems on Melancholy Subjects. 4. The Tomb. 4th Edition. Edinburgh, Ogle; London, Ogle. 1810. Price 8s. pp. 488,

WE greatly doubt whether the difference between active and passive habits so ably pointed out by Bishop Butler in his Analogy, is as much attended to, or as much understood, as its importance demands. That habits thus distinguished bear an inverse ratio to each other, these increasing whilst those decrease, is a simple fact, discoverable by experience. Level, however, as the knowledge of this appears to the most ordinary intellect, to notice and sift it out of the dust is the effort of no common understanding. But what ought to raise that coolness of curiosity with which merely abstract questions may be viewed into a warmth of anxious self-examination is this, that the passive habit may decay whilst the active habit does not strengthen the consequence of which is, that the heart becomes callous to good impressions, and receives more and more the stamp

and character of opposite sentiments, That the daily instances of men's dying around us give us daily a less sensible passive feeling, or apprehension of our own mortality, yet greatly contribute to the strengthening of a "practical" regard to it in serious men, is the bishop's own remark. But let it be observed, that it is "serious" men who are thus benefited: others by these very events become more and more hardened and insensible. How far the consideration of this state of things might tend to check a disposition towards a religion centering in the feelings merely: how far it might conduce towards consoling the minds of those sincere persons, who fear they have gone back in religion, when in fact they have advanced, the first blaze of the passive affections having been mistaken for the pure and steady flame of genuine piety: how far, above all, it ought to lead to a constant dependance on divine grace, without which the word may be heard with joy, and yet no divine principle take root, is a field of very wide and interesting inquiry. But we cannot enlarge upon these topics without overlooking the volume which has suggested them.

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The work entitled "Select Remains of Mr. James Meikle, geon in Carnwath," is thus divided: -1st, a Monthly Memorial, or periodical Interview with the King of Terrors; 2dly, a Secret Survey

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