March 1964

SOLICITATION—WILLS.  Use of a statement in a will that the will is executed in duplicate-originals and that one is retained by X, attorney, violates Canon 24.

Canon 24.


Please advise me as to the propriety of including in a will drawn by an attorney the following statement:  "This will is executed in duplicate-originals, one of which duplicate-originals is retained by X, Attorney at Law, Oldtown, Texas."


It is difficult to conceive of any good reason for a lawyer to include this paragraph in a will he has written.  If the typed-original is available to one interested in the estate, it is unnecessary to know where the duplicate-original is.  If the typed-original is lost or misplaced, the information in it regarding the location of the duplicate-original is also lost  and does not aid in locating the duplicate-original.  The most likely reason for a lawyer's using such a paragraph is to solicit the probate of the estate.  The use if the statement violates Canon 24. (9-0.)