[TheForge] on death and dying.

[Andrew Vida]

terry l. ridder wrote:
> hello;
> 
> this is related to blacksmithing in that i am attempting to draw up a
> specific clause for a codicil. i want to make it clear that any and all
> of my blacksmithing tools, the miller 185 mig welder, the oxy-acetylene
> torch and tanks, the propane tanks, and the propane forge. be given to a
> person with one or more physical challenges and is just starting out in
> blacksmithing.
> 
> my question is how do i specify the following:
> 
> 0) the person or persons who make the decision as to who should receive
>    the above items?

	By name or by position/title.  It's your will, so you say who will do 
what and how they shall do it.  It should be someone you trust with the 
charge and whom you know to be willing to do so.  You should specify at 
least one back up in case the primary is not able to execute your 
desires.  So, you could say "John Doe shall have the authority to 
dispose of these items in <such and such manner>." or "The sitting 
chairman of the board of the Stooge Blacksmithing Association shall..." 
or perhaps leave it the entire board, which can have advantages and 
disadvantages as well.  I don't think you need to overthink this, 
though, as you are willing some tools and not the Microsoft fortune.
> 
> 1) provide for an announcement that persons who meet the my criteria
>    should make the appropriate application to the person/persons determined
>    in item 0 above?

	Again, you pretty much answer your own question.  It's your will, so 
say what you mean as clearly and concisely and completely as you can. 
Just say that the person who is to discharge this provision of the will 
shall do so by making a reasonably well publicized announcement to the 
effect that these implements are available to people meeting the 
criteria you set forth.  I would also specify what to do if NOBODY takes 
up on the offer.  To fail to do so would probably leave the items in 
question pretty much up for grabs.  A timeframe for all this should be 
specified, i.e. if nobody takes up the offer within x months, then 
dispose of the items in some other manner.  You get to decide how this 
all is to be done, but if you are really concerned about the ultomate 
disposition of these things, you should also have the executor's hand in 
it and perhaps that of a lawyer as well, to make sure that the will is 
carried out.  I've seen some serious hanky panky go down where wills are 
concerned.  My beloved honorary grandma and next door neighbor, Lillian 
Perrine... her will was basically ignored by the filthy whore of an 
adopted daughter she had.  The body wasn't cold when that witch started 
selling off the assets, the proceeds of which were supposed to go to her 
various (30 some-odd) adopted children, all of whom are in  homes for 
the disabled.  Pick people you trust, and more than one, to see to it 
that your will is done.  Phew. :)
> 
> it is obvious that neither the lawyers  or the family have the knowledge
> or the ability to determine who would benefit the most from receiving
> the above mentioned tools.

	I'd say have a blacksmithing guild/association do it for you.  If you 
cannot find one by you, I'd bet the NJBA board would be willing to take 
it on.  I'm also sure others would as well.  Comes down to whom you feel 
you can trust.

	Nice gesture, by the way.
> 
> suggestions and comments welcomed.
>