"And if he hath not before disposed of his goods let him be admonished to make his will and to declare his debts, what he oweth and what is owing unto him, for the better discharging of his conscience and the quietness of his executors."

This rubric may be regarded as supplementary to those last treated of, since the due settlement of a man's affairs and the declaration of his last will and testament, have much in them that connects itself naturally with the law of charity, and indeed a pious man's will may well embrace expressions of his faith and repentance. That a man should make his will is highly necessary for most obvious reasons, and none are more prominent than this, that relations may have no grounds for disputes after our death. Who has not seen the dearest relations divided even on smaller pecuniary matters than those which are involved in the final settlement of a deceased relative's property or estate ? Who has not seen a noble estate wasted away only for want of a will? It is only then a solemn duty of charity that the possessor of any property of what amount soever, should declare his will as to the disposition of it after his death. And indeed, the neglect of will-making presupposes the neglect of almsgiving, for a man cannot bestow alms on his sick-bed to any extent with justice without first taking into full consideration what is due to all men with whom he has had dealings.

If neglect or a disposition to procrastinate or any other cause have induced you to defer the duty of making your will during the time of health or strength, be sure to allow no delay to take place now. The command of GOD to Hezekiah "to set his house in order" shows that every man who has property to bequeath is under an indispensable obligation to do this before his death. And therefore the greatest care should be taken that the performance of so necessary and important a work be not deferred till it be too late. Death may, in a few short moments, bereave us of all power, on this side of the grave; or indeed, while yet living, the strength of our disease may gain such

mastery over the body and mind as to preclude the possibility of our declaring our will as to the disposition of our worldly affairs. We cannot, indeed, despatch this needful work too speedily; for no sooner is it out of hand than the all-important affairs of the soul may engage the whole time and thoughts of the sick man. Be as prompt therefore as circumstances will allow you in advising with competent persons and procuring your will to be made. It would be the height of spiritual folly to allow those thoughts which bind the soul down to the affairs of this life to engross our attention at a season when all the faculties of the mind and affections of the heart ought to be absorbed in devout aspirations after the affairs of the world to come. Of Dr. Hammond it is said, "and in seasons of this kind, whereas the making of a will is generally an uneasy task, as being at once a double parting with the world; to him it was in all respects agreeable and welcome. For having bequeathed several legacies to his relatives and friends, &c., &c., as if recovered from the worst part of his disease, the necessity of reflecting upon secular affairs, he became strangely cheerful.”1 The following rules should be observed with regard to your will.

1. If already made, then it should be perused and confirmed in presence of others. But if it remains to be still drawn up, it should be made with perfect justice. Those whom GOD hath decreed to be our heirs, unless some very powerful reason compel us, are not to be defrauded on account of any fondness or partiality for the persons of others. Nor are the claims of other near kindred and relatives to be wholly set aside, but all to be considered in the arrangements of the dying man. Those who are of our own blood deserve the preference at our hands. S. Paul's words seem to be very applicable here: "If any provide not for his own and especially those of his own house he hath denied the faith and is worse than an infidel." Of all things take care to be clear of acts of injustice at such a time as this; for besides leaving a stain upon your name, and the execration of disappointed relatives upon your memory,

1 Fell's Life of Hammond.

an act of injustice at such a time as this, cannot but put your salvation to extreme peril.

2. You should be very careful to make your will with such plainness of expression that your relatives and those who come after may not find themselves involved in a lawsuit, lest you "make them lose their charity or entangle their estates, or make them poorer by the gift." 1

3. You should take care that your will be drawn up with piety. A declaration of that faith and hope. in which you die should be made in it agreeably with the examples furnished to us by very many wise and holy persons of our own and other Churches. Out of many illustrious instances in our own Church may be mentioned Archbishop Bramhall, Bishops Sanderson, Cosins, Ken; and among pious laymen, Sir Henry Wotton, the devotional writers Walton and Nelson, and also Dr. Johnson. This is indeed a very desirable and advantageous method of prefacing a will, since a little reflection will serve to point out the several important ends which are to be attained by it. For what can be more proper and suitable than that, as in all our works so especially in those which are of most solemnity and dignity, we should give glory to GOD? Secondly, such a serious beginning of our wills will much contribute to render the mind calm and sober at a time when the spirit of counsel and of wisdom is most needed, that we may with every possible advantage proceed to set our house in order. To be thus earnestly engaged in meditating upon some of the deep affairs of the soul, immediately before engaging upon the absorbing interests of secular matters, must help to divert the sick man from concerning himself with a too anxious solicitude about his temporal possessions, and will enable him to take his farewell of them in a more collected and even frame of mind. And after he has deliberately declared his faith, expressed his fervent hope of everlasting happiness through JESUS CHRIST, commended his soul into the hands of God, and declared his will as to the disposition of his body, in expectation of its resurrection to eternal life, thus 1 Holy Dying.

placing his whole being as it were in the presence of GOD by realizing in full consciousness to his mind the account he is about to render of his stewardship, it cannot but be hoped that he will be the more disposed, under GOD's blessing, to be impartially just and wise in the final disposition of his affairs.

In this manner the sick man leaves behind him an unquestionable record of his religious sentiments and belief, made at a time when no doubt can be entertained of his competence to declare them, it being at the same time when he is deemed competent to dispose of and settle his worldly interests. And such a record of faith cannot but prove to the satisfaction and edification of those whom he is leaving behind him, both as a comforting assurance that he died in the fear of GOD and also for an example to themselves, who have to follow at no distant period in the strength of a like confident hope. And who shall say but that "it may, in the good hand of God, be a means of influencing for good his descendants or heirs, even in years and generations yet to come, and far distant? For the very knowledge that an ancestor or predecessor was good and just and holy, may even be a check on the evil or tempted, that they should not shame them, and an incitement to the right-minded that they should imitate them; and the recorded fact that a progenitor or a family have died in the true faith may, under GOD, be an external motive to some to cleave to and maintain that faith. Even in such things is that saying true, 'The memory of the just is blessed.'

As further there is, in not a few cases, a possibility that detractors and interested parties may endeavour to abuse the public mind, as it often has happened, declaring that the dead have professed to follow one faith in life and have yet confessed another at their death, the opportunity should not be neglected of leaving behind a written declaration of the faith by which we hope to be saved, and of the Communion within whose pale we look for salvation.

Some instances of the manner in which the wills of 1 Visitatio Infirmorum, p. lxxix.

pious persons open will be at once interesting and instructive.1

The celebrated and pious devotional writer, Robert Nelson, thus enters upon his last will and testament:

"In the Name of GOD, Amen. I, Robert Nelson, &c., being infirm in body, but of sound mind and understanding, do make this my last will and testament, in manner and form following: I recommend my soul, that precious and immortal part of me, into

1 A will can only be made in writing; and it must be signed at the end by the testator himself, or, if he is unable to do it, by some person for him, in his presence and by his direction; and the testator must either make or acknowledge his signature in the presence of two or more persons, who are to be present at the same time, and who are to sign their names as attesting witnesses in the presence of the testator. No particular form of attestation is necessary. If any person is drawing up a will, without legal assistance, the best form of expression will be the simplest and plainest that can be used. Care must be taken not to bequeath legacies to attesting witnesses, or even to the wife or husband of an attesting witness, as all legacies so bequeathed are void in law. If therefore a testator wishes to give anything to an attesting witness, he must do it in some other way than by a legacy. But creditors and executors can be attesting witnesses. Persons under twenty-one years of age cannot make a valid will. Neither can

married women in the lifetime of their husbands, except where they have property settled on them, with a power of devising, &c. Devisees of land, or bequests of any interest whatever in land, for charitable purposes or pious uses, are void by the Mortmain Act. Therefore, if a testator desire to leave legacies to charities, he must take care to make them payable, either expressly, or by ordinary course of law, out of such personal estate as may be applied for the purpose. A bequest to a charity, or for any pious use, of a term of years in an estate, or of leasehold property; or of money to arise from, or be produced by, the sale of land; or by the rents, profits, or other interest arising from land; or a bequest of money to be laid out in land; or a bequest of money secured by mortgage; or a bequest of annuities charged on land, or rather rentcharges; or a bequest of money, with a direction to apply it in paying off mortgages on schools or the like; or a bequest of money secured on parochial rates or county rates, or turnpike tolls; is in each case void.

A will can only be revoked by being destroyed, or by the execution of a new will. Alterations in a will must be made in the same way as the will itself. Persons making any alteration in their wills must therefore be careful that the alterations are attested and

signed in the same way as the will. Any man or woman, having made a will, and marrying afterwards, the act of marriage generally revokes the will.-Visitatio Infirmorum.