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50-703: It is named after Zechariah Field (born in East Ardsley in the West Riding of Yorkshire, Eng., about 1600; arrived in Boston, 1629). He was a son of John and grandson of John Field , a distinguished astronomer of England. He lived in Dorchester, 1630. His place of residence is still known as Fields' Corner. The area is served by the newly refurbished Fields Corner subway station on the Ashmont branch of

100-405: A holographic will , made out entirely in the testator's own hand, or in some modern formulations, with material provisions in the testator's hand. The distinctive feature of a holographic will is less that it is handwritten by the testator, and often that it need not be witnessed. In Louisiana this type of testament is called an olographic testament. It must be entirely written, dated, and signed in

150-412: A confirmation of arms and the grant of a crest allusive to his attainments in astronomical science , viz. the device of a red arm issuing from the clouds and presenting a golden orrery . In about 1560 he married Jane (d. 1609), daughter of John Amyas, a Kentish gentleman, and some time between that date and 1577, settled down at Ardsley, where he continued till his death, his position being that of

200-735: A diverse mix of Vietnamese Americans, Hispanic-speaking peoples, and Americans of African descent, and European descent. Fields Corner is known in Boston for its Vietnamese restaurants serving excellent pho (Vietnamese soup), Dorchester's long-standing Irish population is represented by several pubs, including the Blarney Stone, where it is said draft Guinness was first served in the United States. 42°18′05.5″N 71°03′35.3″W  /  42.301528°N 71.059806°W  / 42.301528; -71.059806 John Field (proto-Copernican) John Field or Feild (1520/1530–1587),

250-476: A gentleman held in esteem among the better class of his neighbours. In the Yorkshire visitation of 1585 he recorded his arms and crest and the names of his wife and nine children. In his will , dated 28 Dec. 1586, he describes himself as a "fermer sometyme student in the mathymathicke sciences". He died soon after the date of this will, the administration of his estate being granted to his widow on 3 May 1587. He

300-404: A lawyer, a will may come as part of an estate planning package that includes other instruments, such as a living trust . A will that is drafted by a lawyer should avoid possible technical mistakes that a layperson might make that could potentially invalidate part or all of a will. While wills prepared by a lawyer may seem similar to each other, lawyers can customize the language of wills to meet

350-525: A parent's will, except in Louisiana, where a minimum share is guaranteed to surviving children except in specifically enumerated circumstances. Many civil law countries follow a similar rule. In England and Wales from 1933 to 1975, a will could disinherit a spouse; however, since the Inheritance (Provision for Family and Dependants) Act 1975 such an attempt can be defeated by a court order if it leaves

400-464: A publication now in the public domain :  " Field, John (1525?-1587) ". Dictionary of National Biography . London: Smith, Elder & Co. 1885–1900. Will (law) This is an accepted version of this page Sections Contest Property disposition Common types Other types Governing doctrines A will and testament is a legal document that expresses a person's ( testator ) wishes as to how their property ( estate )

450-401: A revocation that was based on a mistake of law on the part of the testator as to the effect of the revocation. For example, if a testator mistakenly believes that an earlier will can be revived by the revocation of a later will, the court will ignore the later revocation if the later will comes closer to fulfilling the testator's intent than not having a will at all. The doctrine also applies when

500-476: A testator executes a second, or new will and revokes their old will under the (mistaken) belief that the new will would be valid. However, if for some reason the new will is not valid, a court may apply the doctrine to reinstate and probate the old will, if the court holds that the testator would prefer the old will to intestate succession. Before applying the doctrine, courts may require (with rare exceptions) that there have been an alternative plan of disposition of

550-515: A triangular building with prominent curved facade dominating the south side of the Adams Street/Dorchester Avenue intersection. On the east side of the intersection is an enormous brick building which houses a U.S. Post Office and is known as the O'Hearn Storage Building, which once housed a music hall and today displays little of its original character as a building designed by noted Dorchester architect Edwin J. Lewis. To

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600-501: A valid one, came out of an accident. On 8 June 1948 in Saskatchewan , Canada, a farmer named Cecil George Harris became trapped under his own tractor . Thinking he would not survive (though found alive later, he died of his injuries in hospital), Harris carved a will into the tractor's fender, which read: In case I die in this mess I leave all to the wife. Cecil Geo. Harris. The fender was probated and stood as his will. The fender

650-437: A will has been destroyed if it had been last seen in the possession of the testator but is found mutilated or cannot be found after their death. A will may also be revoked by the execution of a new will. Most wills contain stock language that expressly revokes any wills that came before them, because otherwise a court will normally still attempt to read the wills together to the extent they are consistent. In some jurisdictions,

700-418: Is allowed if only part of the text or a particular provision is crossed out. Other jurisdictions will either ignore the attempt or hold that the entire will was actually revoked. A testator may also be able to revoke by the physical act of another (as would be necessary if he or she is physically incapacitated), if this is done in their presence and in the presence of witnesses. Some jurisdictions may presume that

750-408: Is buried in the porch of the church of East Ardsley , Yorkshire and a memorial plaque which reads: "Beneath this porch lies buried John Field 1520-1587 He was the first astronomer in this country to make known the discoveries of Copernicus." His library passed into the hands of William Coley of York , who afterwards returned it to the family. [REDACTED]  This article incorporates text from

800-412: Is called a " life estate " and terminates immediately upon the surviving spouse's death. The historical and social policy purposes of such statutes are to assure that the surviving spouse receives a statutorily set minimum amount of property from the decedent. Historically, these statutes were enacted to prevent the deceased spouse from leaving the survivor destitute, thereby shifting the burden of care to

850-440: Is called upon to testify or sign a "proof of witness" affidavit. In some jurisdictions, however, statutes may provide requirements for a "self-proving" will (must be met during the execution of the will), in which case witness testimony may be forgone during probate. Often there is a time limit, usually 30 days, within which a will must be admitted to probate. In some jurisdictions, only an original will may be admitted to probate—even

900-480: Is currently on display at the law library of the University of Saskatchewan College of Law . After the testator has died, an application for probate may be made in a court with probate jurisdiction to determine the validity of the will or wills that the testator may have created, i.e., which will satisfy the legal requirements, and to appoint an executor . In most cases, during probate, at least one witness

950-516: Is in modern England and the United States, both generally considered common law systems, is by no means universal. In fact, complete freedom is the exception rather than the rule. Civil law systems often put restrictions on the possibilities of disposal; see for example " Forced heirship ". LGBT advocates have pointed to the inheritance rights of spouses as desirable for same-sex couples as well, through same-sex marriage or civil unions . Opponents of such advocacy rebut this claim by pointing to

1000-570: Is made in contemplation of forthcoming marriage to a named person will override this. Divorce, conversely, will not revoke a will, but in many jurisdictions will have the effect that the former spouse is treated as if they had died before the testator and so will not benefit. Where a will has been accidentally destroyed, on evidence that this is the case, a copy will or draft will may be admitted to probate . Many jurisdictions exercise an equitable doctrine known as "dependent relative revocation" ("DRR"). Under this doctrine, courts may disregard

1050-413: Is to be distributed after their death and as to which person ( executor ) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy . Though it has been thought a "will" historically applied only to real property, while "testament" applied only to personal property (thus giving rise to the popular title of

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1100-671: The Thellusson v Woodford will case led to British legislation against the accumulation of money for later distribution and was fictionalized as Jarndyce and Jarndyce in Charles Dickens 's Bleak House . The Nobel Prizes were established by Alfred Nobel 's will. Charles Vance Millar 's will provoked the Great Stork Derby , as he successfully bequeathed the bulk of his estate to the Toronto -area woman who had

1150-606: The MBTA Red Line . The X-shaped intersection of Adams Street and Dorchester Avenue marks the center of one of Dorchester's busiest commercial districts. The Fields Corner district is distinguished by several landmark buildings, including one of Dorchester's most well-known, One Fields Corner, also known as the Lenane Building or the Liggett Drug Store Building, at 1448-1456 Dorchester Avenue,

1200-625: The Roman Empire under the name Augustus . Antony's officiating at the public reading of the will led to a riot and moved public opinion against Caesar's assassins. Octavian's illegal publication of Antony's sealed will was an important factor in removing his support within Rome, as it described his wish to be buried in Alexandria beside the Egyptian queen Cleopatra . In the modern era,

1250-657: The Convention. These are known as "international wills". It is in force in Australia, Belgium, Bosnia-Herzegovina, Canada (in 9 provinces, not Quebec), Croatia, Cyprus, Ecuador, France, Italy, Libya, Niger, Portugal and Slovenia. The Holy See, Iran, Laos, the Russian Federation, Sierra Leone, the United Kingdom, and the United States have signed but not ratified. International wills are only valid where

1300-478: The ability of same-sex couples to disperse their assets by will. Historically, however, it was observed that "[e]ven if a same-sex partner executes a will, there is risk that the survivor will face prejudice in court when disgruntled heirs challenge the will", with courts being more willing to strike down wills leaving property to a same-sex partner on such grounds as incapacity or undue influence . Types of wills generally include: Some jurisdictions recognize

1350-406: The complete revocation of a will automatically revives the next-most recent will, while others hold that revocation leaves the testator with no will, so that their heirs will instead inherit by intestate succession . In England and Wales , marriage will automatically revoke a will, for it is presumed that upon marriage a testator will want to review the will. A statement in a will that it

1400-556: The convention applies. Although the U.S. has not ratified on behalf of any state, the Uniform law has been enacted in 23 states and the District of Columbia. For individuals who own assets in multiple countries and at least one of those countries are not a part of the Convention, it may be appropriate for the person to have multiple wills, one for each country. In some nations, multiple wills may be useful to reduce or avoid taxes upon

1450-458: The date in the margin; DRR does not apply and Alice Johnson will take nothing). Similarly, if Tom crosses out that clause and writes in the margin "$ 5,000 to Betty Smith" without signing or dating the writing, the gift to Alice will be effectively revoked. In this case, it will not be restored under the doctrine of DRR because even though Tom was mistaken about the effectiveness of the gift to Betty, that mistake does not affect Tom's intent to revoke

1500-470: The deceased spouse's will. As a simple example, under Iowa law (see Code of Iowa Section 633.238 (2005) Archived 2018-06-27 at the Wayback Machine ), the deceased spouse leaves a will which expressly devises the marital home to someone other than the surviving spouse. The surviving spouse may elect, contrary to the intent of the will, to live in the home for the remainder of his/her lifetime. This

1550-410: The document as "last will and testament"), records show the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch ,

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1600-446: The estate and its assets. Care must be taken to avoid accidental revocation of prior wills, avoid conflicts between the wills, and anticipate jurisdictional and choice of law issues that may arise during probate. Intentional physical destruction of a will by the testator will revoke it, through deliberately burning or tearing the physical document itself, or by striking out the signature . In most jurisdictions, partial revocation

1650-409: The gift in favor of another person. For example, suppose Tom has a will that bequeaths $ 5,000 to his secretary, Alice Johnson. If Tom crosses out that clause and writes "$ 7,000 to Alice Johnson" in the margin, but does not sign or date the writing in the margin, most states would find that Tom had revoked the earlier provision, but had not effectively amended his will to add the second; however, under DRR

1700-437: The gift to Alice. Because the gift to Betty will be invalid for lack of proper execution, that $ 5,000 will go to Tom's residuary estate. Also referred to as "electing to take against the will". In the United States, many states have probate statutes that permit the surviving spouse of the decedent to choose to receive a particular share of deceased spouse's estate in lieu of receiving the specified share left to him or her under

1750-405: The greatest number of children in the ten years after his death. (The prize was divided among four women who had nine, with smaller payments made to women who had borne 10 children but lost some to miscarriage. Another woman who bore ten children was disqualified, for several were illegitimate.) The longest known legal will is that of Englishwoman Frederica Evelyn Stilwell Cook. Probated in 1925, it

1800-432: The handwriting of the testator. Although the date may appear anywhere in the testament, the testator must sign the testament at the end of the testament. Any additions or corrections must also be entirely hand written to have effect. In England, the formalities of wills are relaxed for soldiers who express their wishes on active service; any such will is known as a serviceman's will. A minority of jurisdictions even recognize

1850-412: The jurisdiction, but generally includes the following: A will may not include a requirement that an heir commit an illegal, immoral, or other act against public policy as a condition of receipt. In community property jurisdictions, a will cannot be used to disinherit a surviving spouse, who is entitled to at least a portion of the testator's estate. In the United States, children may be disinherited by

1900-509: The needs of specific clients. In 1973 an international convention, the Convention providing a Uniform Law on the Form of an International Will , was concluded in the context of UNIDROIT . The Convention provided for a universally recognised code of rules under which a will made anywhere, by any person of any nationality, would be valid and enforceable in every country that became a party to

1950-412: The net estate make it challenging for a deceased spouse to disinherit their surviving spouse. In antiquity , Julius Caesar 's will , which named his grand-nephew Octavian as his adopted son and heir, funded and legitimized Octavian's rise to political power in the late Republic ; it provided him the resources necessary to win the civil wars against the " Liberators " and Antony and to establish

2000-635: The north is the Fields Corner Municipal Building (1874, now housing professional offices), located at 195 Adams Street on the corner of Arcadia Street, and, a short walk up Adams Street, Ronan Park, an 11-acre hilltop park with a gorgeous view to Dorchester Bay. Residential areas such as Meetinghouse Hill, Clam Point, Melville Park surround the Fields Corner business district and are characterized by densely packed three-decker housing or Victorian homes in yards. Residents are

2050-477: The property. That is, after revoking the prior will, the testator could have made an alternative plan of disposition. Such a plan would show that the testator intended the revocation to result in the property going elsewhere, rather than just being a revoked disposition. Secondly, courts require either that the testator have recited their mistake in the terms of the revoking instrument, or that the mistake be established by clear and convincing evidence. For example, when

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2100-460: The revocation would be undone because Tom was acting under the mistaken belief that he could increase the gift to $ 7,000 by writing that in the margin. Therefore, Alice will get 5,000 dollars. However, the doctrine of relative revocation will not apply if the interlineation decreases the amount of the gift from the original provision (e.g., "$ 5,000 to Alice Johnson" is crossed out and replaced with "$ 3,000 to Alice Johnson" without Testator's signature or

2150-608: The social welfare system. In New York, a surviving spouse is entitled to one-third of her deceased spouse's estate. The decedent's debts, administrative expenses and reasonable funeral expenses are paid prior to the calculation of the spousal elective share. The elective share is calculated through the "net estate". The net estate is inclusive of property that passed by the laws of intestacy, testamentary property, and testamentary substitutes, as enumerated in EPTL 5-1.1-A. New York's classification of testamentary substitutes that are included in

2200-468: The surviving spouse (or other entitled dependent) without "reasonable financial provision". There is no legal requirement that a will be drawn up by a lawyer, and some people may resist hiring a lawyer to draft a will. People may draft a will with the assistance of a lawyer, use a software product or will form, or write their wishes entirely on their own. Some lawyers offer educational classes for people who want to write their own will. When obtained from

2250-404: The testator made the original revocation, he must have erroneously noted that he was revoking the gift "because the intended recipient has died" or "because I will enact a new will tomorrow". DRR may be applied to restore a gift erroneously struck from a will if the intent of the testator was to enlarge that gift, but will not apply to restore such a gift if the intent of the testator was to revoke

2300-414: The validity of nuncupative wills (oral wills), particularly for military personnel or merchant sailors. However, there are often constraints on the disposition of property if such an oral will is used. Any person over the age of majority and having " testamentary capacity " (i.e., generally, being of sound mind ) can make a will, with or without the aid of a lawyer. Required content varies, depending on

2350-491: The written will was invented by Solon . Originally, it was a device intended solely for men who died without an heir . The English phrase "will and testament" is derived from a period in English law when Old English and Law French were used side by side for maximum clarity. Other such legal doublets include " breaking and entering " and "peace and quiet". The concept of the freedom of disposition by will, familiar as it

2400-515: Was 1,066 pages, and had to be bound in four volumes; her estate was worth $ 102,000. The shortest known legal wills are those of Bimla Rishi of Delhi , India (four characters in Hindi meaning "all to son") and Karl Tausch of Hesse , Germany, ("Alles meiner Frau", meaning "all to wife"). The shortest will is of Shripad Krishnarao Vaidya of Nagpur, Maharashtra, consisting of five letters ("HEIR'S"). An unusual holographic will, accepted into probate as

2450-543: Was a "proto- Copernican " English astronomer. Field was the son of Richard Field (d. 1542). He was born, it is supposed, at Ardsley in the West Riding of Yorkshire between 1520 and 1530. He received a liberal education, and Joseph Hunter, his descendant, conjectured that part of it was gained under the patronage of Alured Comyn, Prior of Nostell , from which house the cell of Woodkirk , near Ardsley, depended. Anthony à Wood believed that he studied at Oxford . He

2500-652: Was living in London at the date of his first Ephemeris (1556), and appears, from a remark in a manuscript in Lambeth Palace Library , to have been a public instructor in science . He published: To the latter work the following are added: These works were the first in England in which the principles of the Copernican philosophy were recognised and asserted. On 4 September 1558 Field received

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