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Comment of a legal text

This text is an example of will as it aims to transfer property at death. According to Mercedes
Díaz Dueñas, this document belongs to contract law, in other words, it is an example of a
private contract. It follows the common structure of this kind of text: it starts with “Last Will
and Testament” (of John Doe, in this case); next, there is a common sentence (its composition
varies) which identifies the testator and expresses the intention of the document; there are
some articles that talk about the payment of the funeral expenses and debts (second article),
and the appointment of an executor (first article); the next part has to do with the transfer of
the property (third article); the residuary clause (third article, part D) is there too; the part that
begins with “IN WITNESS WHEREOF” it is located in the fifth article; finally, the “foot”of
the will follows the fifth article.

About the vagueness proper of legal texts, I think that wills are not that way. It tries to be
objective and accurate as its aim is to be clear in the moment of death. It avoids ambiguous or
vague expressions and it foresees just in case of unusual situations (first article: “If she
should predecease me, [...], my will.”). This text includes some technical terminology
like executrix, trustee, residue of my estate, etc. Archaic, formal, and unusual or difficult
vocabulary as whereof, pursuant, predecease, memorandum, hereunto, etc. The impersonal
construction feature is barely used due to the subjectiness of a will (four of the five articles
are redacted using the first person). Some sentences of this document are very long. A good
example of this is the part A of the third article, it takes four and a half lines to write a
sentence. Lastly, I could find wordiness and redundancy in this will, right here: “Testament,
in the presence of us, both present at the same time, who, at his request, in her presence, and
in the presence of each other, have hereunto subscribed our names as witness.”.

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