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Originally Posted by khalleron
And yet courts overturn wills all the time, not always because the heirs are greedy, as seems to be the opinion here, but because often the person making the will is an ass. Ass-ery is not unique to heirs.
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Courts do not overturn wills because the person making the will is an ass. Unless the particular manner in which the person makes the will is contrary to law, testators are allowed to be asses. The primary goal of the court in construing a will is to carry out the will of the testator. Even if the testator is an ass.
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What's the greater good here? I think that's the real question. Steve's a professional writer, he seems to think that absolute control beyond the grave is his greater good.
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No, that's not the real question at all. The real question is what does the will say. Courts don't ignore wills to carry out what they see as the greater good.
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How would burning Kafka's works have benefited anyone? It may have been his wish, but it couldn't have been to his benefit, because he's dead.
I'm all for respecting the wishes of the departed as long as those wishes don't harm the living, but I see the loss of art as a very great harm.
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It wouldn't have benefited anyone; I'm glad that his works weren't destroyed.
Note that Kafka just asked Brod to destroy his unpublished works; it wasn't something in a will.