“The Best Bequest”

#84-09
Presented on The Lutheran Hour on October 30, 2016
By Rev. Dr. Ken Klaus, Speaker Emeritus of The Lutheran Hour
Copyright 2016 Lutheran Hour Ministries

“Although it is not strictly mandatory from a legal point of view, novels and films have taught us that a person’s last Will and Testament really ought to begin with the words, “I (and then you insert your whole name) being of sound mind and body, do hereby bequeath to (and then you list who gets what). Now that phrase has always caused me a problem. Since many wills are written when a person’s physical condition has deteriorated to the point where they expect the grim reaper to come calling any minute, how can they say they are in ‘sound body.’ So, rather than wondering, I went to one of my lawyer friends and asked him. He laughed and told me that the expression is not a medical one; it is merely a statement that the individual is capable of making the decisions which follow in the rest of the document.

Then he added, ‘From my own perspective on things, I believe you might be asking the wrong question. There’s a lot of evidence which indicates it’s not a person’s body which ought to be questioned, it’s their minds.’ Now that opened up a new can of worms. I asked for an explanation. He told me that the bequests made in wills are often a time for a person to vent, or get even, or take revenge on a spouse, friend, or relative. When I asked him to amplify, he said, ‘Well, there is the case of Leona Helmsley. Her will left $12 million to her dog. As far as her grandchildren were concerned, some of them she cut out of her will entirely, the rest were ordered to pay an annual visit to their father’s grave; that is if they wanted to collect anything.’

My friend continued. He told me about the Michigan millionaire, Wellington Burt who died in 1919. His will specified that nobody would get a penny until 21 years after his last grandchild died. In November of 2010, more than 90 years later, twelve people divided up Burt’s $110 million. My lawyer pal was just warming up. He told me about the German poet Heinrich Heine who, in 1856, left his fortune to his wife, Mathilda. There was only one condition to her collecting the cash; Mathilda had to remarry so, as the poet put it ‘there will be at least one man to regret my death.’

When I asked my friend if anyone had ever made a good bequest, he had to think a bit. Then my friend mentioned Jack Benny, the comedian. Through their entire marriage Jack had a rose delivered daily to his wife. When he died in 1974, his wife, Mary, kept getting a rose from their florist. Finally she paid the man a visit and said, ‘No more roses. Jack is gone.’ He replied, ‘Mrs. Benny, you don’t understand. Your husband’s will has given me enough money to insure you will get a red rose, every day, for the rest of your life.’

So, that pretty much sums up my lawyer friend’s examples of what it means to be ‘of sound mind and body’ when you’re writing your will. And it gives me the opportunity to ask, ‘Since you are of sound mind and body, when you die, what will you leave behind and who will get what you leave behind?'”  Read more