The Minister in Legal Affairs

Seventh-Day Adventist ministers are under definite instruction concern­ing the responsibility resting upon them to "introduce the subject of property to the aged or to invalids in order to learn what disposition they design to make of it " (" Testimonies," Vol. IV, p. 479), with a view to secur­ing to the cause of God the means which should rightfully flow through this channel. The positive statement is made that " this duty is just as sacred as the duty to preach the word to save souls."— Ibid. Concerning the making of wills, the specific instruc­tion is that " wills should be made in a manner to stand the test of law."—Id., p. 482. " Those who make their wills should not spare pains or expense to obtain legal advice, and to have them drawn up in a manner to stand the test"— Id., Vol. III, p. 117. The principle applied to wills holds good with regard to other forms of legacies.

When called upon to give advice to the person who desires to transfer funds in the form of deeds, annuity contracts, wills, et cetera, the minister should be well informed as to just how far we may safely go in the matter of counsel. To be accused of exerting undue influence over the individual, creates serious complications, and if it is proved to be fact, may nullify the entire transaction.

The following authoritative citations may serve to safeguard the minister when dealing with legal matters which come under his jurisdiction:

" The will of a deceased person is not to be admitted to probate where it is established that the writing was not the voluntary act of the decedent, but was procured to be executed by the intervention of another against the de­cedent's will, wish, or volition."— 26 Cal. Jur. 611.

" To be sufficient to avoid a will, the influence exerted must be of a kind that so overpowers and subjugates the mind of the testator as to destroy his free agency, and make him express the will of another, rather than his own." —40 Cyc. 1144.

Not every influence which may be exerted is " undue " within the mean­ing of the law. Mere advice or sug­gestions addressed to the sound judg­ment of the testator, unless so strongly urged as to overcome his will, are not " undue." (Yorty vs. Webster, 205 Ill. 630.) The same is true of persuasion, solicitation, and even importunity. (Disbrow's Estate, 58 Mich. 96.)

Kindness and sympathy, being the natural results of a humane and Chris­tian disposition, and in themselves praiseworthy, do not constitute " un­due influence." (Turner's Appeal, 72 Conn. 305.) But on the other hand, fraud, and the creation of false im­pressions and resentment toward the natural objects of the testator's bounty, do constitute " undue influence.'° (Friedersdorf vs. Lacy, 173 Ind. 429.)

Whether or not " undue influence " has been exercised in a given case will depend on several factors. " The in­fluence over a testator of one who is his . . . spiritual adviser . . . is not necessarily undue influence."-40 Cyc. 1148. But if this spiritual ad­viser profits, either directly or indi­rectly, by the will, the court will scruti­nize his actions and influence very carefully. (Morris vs. Stokes, 21 Ga. 552.)

The relative ages, and the strength of mind of both adviser and testator, are determining factors in answering the question whether the influence has been " undue " or not. In the very nature of things, an aged person, or a person weakened by sickness, would be more likely to be unduly influenced than a person in the full strength and exercise of his or her faculties. So that such counsel and advice as would not amount to " undue influence " in one case, might well be sufficient to avoid the will in another. (Estate of Evarts, 163 Cal. 449.)

The rules regarding " undue influ­ence " in procuring deeds to real prop­erty and in the making of contracts, are very similar to those referring to wills. In cases of abuse of confidential relations between a person and his or her spiritual adviser, deeds and con­tracts will be set aside by equity courts on proper showing. (See 18 C. J. 239, note 17, and cases there cited.)

The duties of Seventh-day Adventist ministers in such matters are plain:

1. Every honest effort should be made to secure compliance with the instruction of the spirit of prophecy in the matter of gifts and legacies.

2. In every case the minister should avoid any gift, legacy, or remunera­tion to himself, either directly or in­directly.

3. No means should be employed which would in any sense bear the taint of deceit or dishonesty.

4. Great care should be exercised in securing favorable contracts, deeds, and wills from aged, sick, or mentally weakened persons. It is much pref­erable that all such legal affairs be conducted with persons who, by reason of the complete and intelligent exer­cise of their faculties, are able, while taking counsel and receiving sugges­tions, to express clearly and fully their own desires and will.

Buenos Aires, Argentina,