Wise Old Abe

For my Property Course, we spend a lot of time discussing not only the legal implications of people's decisions concerning their land and stuff, but the interpersonal affects, as well. For example, we did a group exercise about a man who comes to your office (in two years when I'm a lawyer) and says that he wants to rewrite his will to give his house to his son Steve, but with a condition that Steve will lose the house if he allows his son onto the property because Steve's son is gay, and your client disapproves. Legally, there are some states that might allow a will with this type of condition. But what kind of relationship will your client now have with his son, or his grandson? Is it worth spending your living years with this kind of tension between you and your family members?
My favorite case we read that involves family feuds goes something like this:
Bob has a nice wooded estate, and gives half of it to his sister, Grace, and her husband, Ralph. He also gives them permission to use the in-road that crosses his part of the property in order to get to their part. Grace and Ralph build a lovely home on their part, and enjoy the property very much. In their older years, Grace and Ralph decide to sell the house and retire to Florida. Bob, also in his older years (subtext: crotchety and a bit batty,) refuses to let the real estate agent proceed on the road across his land to show the home to prospective buyers. He stands in the road, blocking the way, with a shotgun. Seriously.
Grace and Ralph want to sell the house so they can retire, Bob refuses to allow anyone to use the road, so Grace and Ralph sue and win, Bob appeals, Grace and Ralph win again, and mysteriously, the house is burned to the ground. Seriously.
Grace and Ralph get the insurance money once they convince the insurance company they didn't burn the house down, and I bet you can guess how often they invited Bob to Florida for Christmas dinner.
Abraham Lincoln imparted these words of wisdom: "Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser-in fees, expenses, and waste of time. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough."
As future lawyers, we have our eye on the prize: $$$. But, Abe has it right. Your client will never get back that severed relationship. No number of dollars in fees for you and your client is worth having family, friends or neighbors who resent you for hauling them and their business into court to duke it out for 7 years.
I thought you might enjoy this little story.
Finals in 4 days, then I'll be headed West. Stay tuned!
Lots of love,
Kelli