PHI LOS 0 P H Y . - Classic Works of Apologetics Online

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;nay b~ equaily nece~~ir{;n!l;~ which is, that if we do /
not, no one else will: mankind, by an esta blished(
consent, leaving the reduced branches of good fami":
lies to the bounty of their wealthy alliances. ~
The not making a will is a very culpable omission, .
where it is attended with the following effects:
where it leaves dau~hters or younger children at the
mercy of the old~t son; where it distributes a per-
_ sonal fortune equally amongst the children, although
there be no equalit}; in their exigences or situations;
where it leaves an opening for litigation; or lastly~
and principally, where it defrauds creditors. ~
for by a
defect in our laws, which has been long and strangely
overlooked, real estates are not subject to the payment
of debts by simple centract, unless made so by
\\~ill; although credit is in fact generally givtn to the
possession of such estates. He, therefore, \t ho neg-
1ects to make the necessary appointments for ~he
payment of his debts, as far as his eftects exten.1, sins~
as it has been justly said, in his grave; and, if he omits
this on purpose to defeat. the demands of his -creditors,
he dies Ut-ith a deliberate fraud in his heart.
Anciently, when anyone died without a wiH, the
bishop of the diocese took possession of his J>f:rsonal
fortune, in order to dispose of it for the !>enefit of
flis sou!, that is, to pious or charitable use~.. It became
necessary, therefore, that the bishop should be
--atisfied of the authenticity of the will, when there
was any, before be resigned the right which he had
to take posSt'ssi()n of the dead man's fortune, in case
of intestacy.; I~ this way, wills, and contr.)versies
relating to wills, came within the cognizance of eccI~iastjcal
courts; under the jurisdiction of which,
wIlls of personals (the only wills that were made
formt:rly) still continue, though, in truth, no more
~o\V-a·days connected with religion, than any other
Instruments of conveyance. This is a peculiarity in
the English law.
Succession to in/cs/ates must be regulated by positive
rnles of law, th?rc being- no principle of natural jus.