While the complete saying ‘where there’s a will…’ has to do with having a strong desire to accomplish a goal, it may not be a stretch to apply it to a formal document that declares the wishes of a person regarding the disposal of their assets after death. The original phrase was written by George Herbert (1593-1633) and published in the 1640 book, after his death: Jacula Prudentum or Outlandish Proverbs, Sentences, etc. and later in a compendium of his poems in 1891. Among his almost 1,200 proverbs:
‘To him that will, ways are not wanting’.*
Perhaps a similar purpose may be ascribed to the writing of a last will and testament, that is to ensure that the assets of a person may be used to benefit family members when the decedent is no longer around to do so.
[*The proverb was penned during the depth of the Little Ice Age when harsh living conditions motivated people to overcome obstacles and find ways to better their lives and the lives of their families.]
THE WAYS IN WHICH WILLS CAN HELP
Wills are great documents to have, especially when normal baptism, birth, marriage, death, burial or other records cannot be accessed, either because they were not preserved or never produced.
I have used wills to:
• identify family members;
• learn more about properties owned by my ancestors;
• tie disparate family branches to one another;
• get a glimpse into the personalities and characteristics of family members from the past. In reviewing wills of my ancestors, I was also able to learn about some of the laws and regulations that controlled who could own and inherit real property and how such rules changed over the decades.
I even found a case where one ancestor tried to pass off a fraudulent will of his deceased brother to get control of the family properties from which I learned a lot about him and our family.
