The Curiosities and Law of Wills — Context and Discussion

The Precision of Naming

Proffatt repeatedly returns to the problem of identifying beneficiaries when names are incomplete or erroneous. One case involves a testator who bequeathed a sum to 'Cormac Connolly, the son of my brother, Cormac Connolly,' yet the testator had no brother named Cormac. The court held that the intended legatee was the nephew Cormac, son of brother James, and that 'James' was the person entitled to the residue. Another case upheld a legacy to 'Charles Millar Standen and Caroline Eliz. Standen, legitimate son and daughter' even though the children were illegitimate. Proffatt explains that 'an error in the description may be obviated by the certainty of the name.' These examples illustrate how courts prioritize the testator's intent over literal wording, a theme that recurs throughout the book.

When Blanks and Initials Speak

Proffatt devotes careful attention to wills with missing names or mere initials. In Price v. Page, a bequest to '—— Price, the son of —— Price' was upheld after parol evidence identified the claimant as the testator's great-nephew. However, a complete blank for the legatee's name, as in Winne v. Littleton, rendered the legacy void. The distinction turns on whether the omission is partial or total. Proffatt also notes that initials alone—such as 'Mrs. G.' for china and mourning money—can be sufficient if parol evidence identifies the person. These rules, drawn from Wigram on Wills, show how courts navigate the tension between written formality and extrinsic proof.

The Voice of the Preface

Proffatt's preface reveals his authorial stance: he insists the book is 'far from the thoughts' of being 'merely for entertainment,' yet he deliberately selects cases that are 'apt and striking.' The style is animated, but the goal is utility. He acknowledges that 'minor inaccuracies are inevitable' but hopes none are 'serious.' This self-conscious balancing of readability and reliability shapes the entire work. The introduction further elevates the tone, calling will-making 'one of the most solemn acts of a man's life.' Proffatt's diction—'solemn,' 'mingled with its kindred dust'—borrows from the legal and moral gravity of his subject, framing the technical rules that follow.

Structure and Selection

The book is organized into eight chapters, from 'Origin and History of Wills' to 'Construction of Wills,' each subdivided into sections on specific topics like nuncupative wills, testamentary capacity, and revocation. Proffatt does not attempt to cover every state's statute law, focusing instead on 'general and well established' principles. The cases he selects are not merely illustrative but often bizarre or poignant—a testator who confuses a brother's name, a blank for a legatee, a bequest to 'Mrs. G.' These choices reflect a deliberate editorial hand: the curiosities are not distractions but tools for teaching. The reader is invited to see how law grapples with human error and ambiguity.

Proffatt's work rewards readers who attend to the interplay between rule and exception. The cases he chooses are not random; each highlights a specific interpretive problem—misnomer, blank, initials, or parol evidence. By tracing how courts resolve these puzzles, the book offers a practical education in legal reasoning. For the modern reader, it also provides a window into nineteenth-century American jurisprudence, where the testator's intent reigned supreme, but only within the bounds of written form.

Reading these odd will cases, I thought of my grandfather’s own stubborn phrasing in his last letter—how we argued over his meaning for years. Later, a friend lent me The Constitutional Amendment: or, The Sunday, the Sabbath, the Change, and Restitution A discussion between W. H. Littlejohn, Seventh-day Adventist, and the editor — Context and Discussion, and I recognized that same tender, frustrating gap between intent and words.