To whom should family heirlooms be passed to, when they have traditional obligations or conditions attached?
There once was a man, who bought a Bible, back in the 1800’s. It was a big Bible, with places for recording births, deaths, and marriages; in short it became a record of the family tree. As people had children in this family, new generations arose, but, there was just this one family Bible.
There was also a gold pocket watch, also of 1800’s vintage, which has some inscriptions in it.
Both the Bible and the watch, were handed down to firstborn sons in each generation who also had sons, so that these heirlooms would be continually handed down to those who carried on the family name. This was the intent of the tradition, handed down to males, because males have the family name, while females presumably do not have children until they are married, and their maiden names change to the last name of their new spouse.
One man in this family had three sons. The oldest had a son by adoption. The middle son had a son, be natural means. Since that son was in the bloodline of the family, the Bible and watch went to the middle son, with the intention that again; the Bible and watch would be handed done to the natural born son continuing the same last name.
The Bible and watch were handed down, to that son, and he still has them. He also has two sons. One of these sons was born before the other, but only by minutes, as they were delivered by Caesarean section of multiple babies.
Now, the Bible and watch have not been passed on to either of these sons, primarily because neither of them have sons of their own, or any children, for that matter. The older of the two sons, is not married, and it is not obvious, that this will change. The sons are 32 years old, their father is 69 years old, and longevity is in question. The younger of the sons, is about to be married (within months) so likelihood of children is better there, but no guarantees, and even less guarantees of a male child (some people produce only girls)
There is also a daughter who has a son, but is unmarried. Her last name remains intact, and is also her son’s last name.
In as much as the man with the Bible and watch has perhaps not many years left to live, and no son has had a son to pass the Bible and watch through, the man is wanting to have this issue settled in his mind – where should the Bible and watch go, if it is not handed down in his lifetime, what should his will dictate?
Any ideas, suggestions, wisdom?