conservatively. He wrote no significant opi- nions, and, indeed, had little discernible judicial philosophy. In 1959 his appointment came under attack from the attorney (and eventual Chief Justice) WILLIAM REHNQUIST who wrote a scathing article attacking the U.S. Senate for not adequately considering Whittaker’s nomination. In the Harvard Law Review Rehnquist noted dryly that the Senate hearings had revealed detailed information about the young Whit- taker’s life and education, but discussed nothing about his views on DUE PROCESS and EQUAL PROTECTION . Whitaker found the work of the Supreme Court overly taxing, and by 1962, suffering from exhaustion, he accepted his physician’s advice that he retire. Some distinction was made as to his retiring rather than resigning and, as a result, he was allowed to continue to take part in Supreme Court ceremonies. He later returned to legal practice, a move that set him apart from other modern justices, and he became chief counsel to General Motors. He also became a resolute critic of the WARREN COURT as well as the CIVIL RIGHTS MOVEMENT, decrying the CIVIL DISOBEDIENCE of the type practiced by MARTIN LUTHER KING, JR. and his followers as lawless. Like many conservatives, he criticized the CIVIL RIGHTS Act of 1964 as unconstitutional. He died on November 26, 1973, in Kansas City, Missouri. FURTHER READINGS Atkinson, David N., and Lawrence H. Larsen. 1995. “A Case Study in Federal Justice: Leading Bill of Rights Proceedings in the Western District of Missouri.” Creighton Law Review 28 (April). Downs, Robert C. 1996. “The First 100 Years UMKC School of Law: An Abridged History.” UMKC Law Review 64 (summer). Miller, Richard Lawrence. 2002. Whittaker: Struggles of a Supreme Court Justice. Westport, Conn.: Greenwood Press. WICKERSHAM COMMISSION The Wickersham Commission is the popular name for the National Commission on Law Observance and Enforcement, which was appointed by President HERBERT HOOVER in 1929. The commission, which derived its name from its chairperson, former attorney general GEORGE W. WICKERS HAM, conducted the first comprehensive national study of crime and law enforcement in U.S. history. Its findings, which were published in fourteen volumes in 1931 and 1932, covered every aspect of the criminal justice system, including the causes of crime, police and prosecutorial procedures, and the importance of PROBATION and PAROLE. Hoover established the commission to address several importan t issues. With the passage of the EIGHTEENTH AMENDMENT, PROHIBI- TION had begun in 1920, making the manufac- ture or sale of alcoholic beverages illegal. By 1929 illegal sale of alcohol by ORGANIZED CRIME had become a national problem. In addition, gangland murders in Chicago in the late 1920s raised concerns about crime. Hoover appointed the commission to address the issue of crime in general, but he also sought a way to resolve the debate over continuing Prohibition. The commission included many distin- guished national leaders and academics, includ- ing Harvard law professor ROSCOE POUND. The commissioners hired a research staff to inter- view police, prosecutors, defense attorneys, judges, social workers, probation officers, prison administrators, and others involved in the criminal justice system. The commission ’s wide-ranging investigation was influenced by the comprehensive crime surveys conducted by the states of Missouri and Illinois in the 1920s. Some members of the commission had partici- pated in those studies. The publication of the commission’s find- ings in 1931 and 1932 was obscured by the hard Charles Evans Whittaker. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 398 WICKERSHAM COMMISSION times brought on by the Great Depression. Nevertheless, the volume entitled Lawlessness in Law Enforcement shocked the nation. This volume constituted an indictment of the POLICE MISCONDUCT the commission had found throughout the country. The report described the widespread use of the “third degree”—the willful infliction of pain and suffering on criminal suspects—and other types of police brutality. In addition, it revealed corruption in many cities’ criminal justice systems and documented instances of BRIBERY, ENTRAPMENT, coercion of witnesses, fabrication of evidence, and illegal WIRETAPPING. The report on Lawlessness in Law Enforce- ment led to police reform efforts in many municipalities. These efforts were reinforced by volume 14, The Police, which called for professional police departments, staffed by more highly qualified police officers and insulated from political pressures. Other reports included Prosecution, which described the rise of PLEA BARGAINING and the decline of the jury trial, Criminal Statistics, Crime and the Foreign Born, The Cost of Crime, Penal Institutions, Probation and Parole, and The Causes of Crime. The latter volume concluded that sociological factors had a direct effect on criminal activity. The commission’s report on The Enforcement of the Prohibition Laws of the United States was a forthright examination of the failure by federal, state, and local police to enforce Prohibition. The report documented the inadequacy of federal law enforcement and described the political, eco- nomic, geographical, and human difficulties in preventing the manufacture and sale of intoxi- cating liquor. Despite evidence of POLICE CORRUPTION and the rise of organized crime, the commission recommended that the Eighteenth Amendment not be repealed. Instead, it urged all levels of government to spend more money and effort on enforcing the Prohibition laws. The commission’s recommendations on Prohibition were ignored. In 1933 Congress passed an amendment repealing Prohibition, and state ratification conventions quickly endorsed the amendment. Ratification of the TWENTY-FIRST AMENDMENT , bringing Prohibition’sdemise,came on December 5, 1933. CROSS REFERENCE Prohibition. v WICKERSHAM, GEORGE WOODWARD As U.S. attorney general from 1909 to 1913, George Woodward Wickersham was an aggres- sive enforcer of federal ANTITRUST LAWS. Late in his career, he headed a commission that conducted the first co mprehensive national investigation of the U.S. criminal justice system. Wickersham was born on September 19, 1858, in Pittsburgh, Pennsylvania. He attended Lehigh University from 1873 to 1875 and received a bachelor of laws degree from the University of Pennsylvania in 1880. Before he graduated, he was admitted to the Pennsylvania bar. He practiced for two years in Philadelphia before moving to New York City where he joined the established law firm of Strong and Cadwalader. Wickersham became a partner in the firm four years later. President WILLIAM HOWARD TAFT appointed Wickersham attorney general in March 1909. Wickersham helped draft the SIXTEENTH George Woodward Wickersham 1858–1936 ❖ ◆◆ ▼▼ 18501850 19001900 19251925 19501950 18751875 ▼▼ 1858 Born, Pittsburgh, Pa. 1880 Received law degree from Univ. of Pa.; admitted to Pa. bar 1882 Moved to New York City 1861–65 U.S. Civil War 1939–45 World War II 1914–18 World War I ❖ ◆◆◆◆◆ 1915 Chaired judiciary committee of New York Constitutional Convention 1913 Returned to private practice 1932 Served as president of International Arbitration Tribunal 1929–32 Chaired Wickersham Commission 1917 Appointed to War Trade Board 1909 Appointed U.S. attorney general by President Taft 1936 Died, New York City WE EXPECT LEGISLATION TO CONFORM TO PUBLIC OPINION , NOT PUBLIC OPINION TO YIELD TO LEGISLATION . —GEORGE W. W ICKERSHAM GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION WICKERSHAM, GEORGE WOODWARD 399 AMENDMENT to the U.S. Constitution, adopted in 1913, that authorized Congress to levy an INCOME TAX. He concentrated his efforts on prosecuting monop olistic corporations for anti- trust violations under the Sherman Act (15 U.S. C.A. § 1 et seq. [1890]). In Standard Oil Co. of New Jersey v. United States, 221 U.S. 1, 31 S. Ct. 502, 55 L. Ed. 619 (1911), and other important antitrust cases, he participated in the oral arguments before the U.S. Supreme Court. Wickersham also became the first attorney general to use consent decrees, which allow defendants to agree to negotiated settlements, without resort to court trials. Nineteen of 47 suits begun by Wickersham ended in such decrees. After leaving office in 1913, Wickersham returned to his law practic e. In 1915 he attended the New York Constitutional Convention and chaired its Judiciary Committee. After the U.S. entry into WORLD WAR I, President WOODROW WILSON appointed Wickersham to the War Trade Board. Wickersham is best remembered, however, for heading the National Commission of Law Observance and Law Enforcement, which came to be known as the WICKERSHAM COMMISSION . President HERBERT HOOVER named the commis- sion to investigate the rise in crime and to determine whether, given the level of gangland violence, repeal of PROHIBITION was needed. The commission, which included ROSCOE POUND , the noted legal scholar and court reformer, could not agree on the Prohibition issue, but its fourteen-volume report revealed disturbing features in the U.S. criminal justice system. It brought to public attention the use of “third-degree” interrogation methods against criminal suspects and the need for more professional police forces. In addition, it con- demned the existing prison system and advo- cated the use of PROBATION and PAROLE as humane solutions to crime. Wickersham completed his public service in 1932 as president of the International ARBITRA- TION Tribunal under the Young Plan, which in 1929 had negotiated the reparations to be paid by Germany for WORLD WAR I. Wickersham died on January 25, 1936, in New York City. CROSS REFERENCE Prohibition. WIFE See HUSBAND AND WIFE. v WIGMORE, JOHN HENRY John Henry Wigmore ranks as one of the most important legal scholars in U.S. history. A law professor and later dean of Northwestern University Law School from 1901 to 1929, Wigmore was a prolific writer in many areas of the law. He is renowned for his ten-volume Treatise on the Anglo-American System of Evi- dence in Trials at Common Law—usually referred to as Wigmore on Evidence—originally released in four volumes (1904–1905) but expanded to ten volumes by the third edition (1940). Legal scholars consider this treatise one of the greatest books on law ever written. Wigmore was born on March 4, 1863, in San Francisco, California. He graduated from Harvard University in 1883 and entered Har- vard Law School in 1884. While attending law John Henry Wigmore 1863–1943 ❖ ◆◆ ▼▼ 18501850 19001900 19251925 19501950 18751875 ▼▼ 1863 Born, San Francisco, Calif. 1884 Entered Harvard Law School; helped found Harvard Law Review 1861–65 U.S. Civil War ❖ 1914–18 World War I 1939–45 World War II 1904–05 Treatise on the System of Evidence in Trials at Common Law published 1893 Accepted position teaching at Northwestern University Law School 1887 Graduated from Harvard Law School 1889 Moved to Tokyo, Japan, to accept post of chief professor of Anglo-American law at Keio University 1901–29 Served as dean of Northwestern University Law School 1943 Died, Chicago, Ill. ◆◆ SOME DAY, IT MAY BE HOPED , THE METHOD OF RATIONALIZATION WILL BE RECOGNIZED IN SYSTEMATIC TREATMENT OF ALL LEGAL IDEAS , AND NOT MERELY OF THE FUNDAMENTAL INSTITUTIONS . —JOHN HENRY WIGMORE GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 400 WIFE school, he helped to found the Harvard Law Review, which was to become a pre-eminent legal journal. After graduating in 1887, Wigmore was admitted to the Massachusetts bar and entered private practice in Boston. He supplemented his income by doing research and writing for Chief Justice CHARLES DOE of the New Hampshire Supreme Court. In 1889 Wigmore moved to Tokyo to accept the post of chief professor of Anglo-American law at Keio University. In addition to his teaching duties, Wigmore wrote extensively and researched Japanese LEGAL HISTORY. Extremely adept at languages, he became fascinated by the field of comparative law and pursued this interest throughout his life. Wigmore returned to the United States in 1892 and accepted a teaching position w ith Northwestern University Law School in 1893. He taught a variety of courses, including evidence, TORTS, and INTERNATIONAL LAW.In 1901 he accepted the position of dean, a post he held until his mandatory retire ment in 1929. As dean, Wigmore raised money to build the Albert Gary Library, one of the finest university law libraries in the United States, as well as a new law school building. He recruited some of the leading legal scholars of his day and made Northwestern one of the most prominent U.S. law schools. Wigmore’s output as a writer was astound- ing. He produced 46 original volumes of legal scholarship, 38 edited volumes, and more than 800 articles, pamphlets, and reviews. Much of Wigmore’s writing was not of timeless quality, but his treatise on evidence is recognized as a classic because of the scope of its coverage and the insightfu l explanations of doctrine drawn from the most advanced U.S. JURISPRUDENCE. Wigmore died April 20, 1943, in Chicago. RESOURCES Celebration: Legal Essays by Various Authors to Mark the Twenty-Fifth Year of Service of John H. Wigmore as Professor of Law in Northwestern Univ. 1981. Littleton, CO: F.B. Rothman. Roalfe, William R. 1977. John Henry Wigmore: Scholar and Reformer. Evanston, IL: Northwestern Univ. Press. Twining, William L. 1988. Theories of Evidence: Bentham and Wigmore. London: Butterworths Tolley. WILDCAT STRIKE An employee work stoppage that is not authorized by the LABOR UNION to which the employees belong. When employees join a union, they give the union the right to collectively bargain with their employers concerning the terms and conditions of work. Since the passage in 1932 of the NORRIS- LAGUARDIA ACT (29 U.S.C.A. § 101 et seq.), employees have had the right to strike for the purpose of demanding concessions from their employers. When employees go on strike without union authorization, however, their action is called a wildcat strike. Federal courts have held that wildcat strikes are illegal under the WAGNER ACT (National Labor Relations Act of 1935 [29 U.S.C.A. § 151 et seq.]), and employ- ees may be discharged by their employers for participating in wildcat strikes. A wildcat strike brings into conflict sections 7 and 9(a) of the Wagner Act. Section 7 protects employees who bargain collectively and engage in other concerted activities for the purpose of COLLECTIVE BARGAINING. Section 9(a) states that representatives chosen for the purpose of collective bargaining shall be the exclusive representatives of all the employees in that bargaining unit. Because wildcat strikers engage in concerted activity without the authorization of their union, they appear to be both protected because of section 7 and unprotected because of section 9(a). The critical issue is whether the wildcat strike rs should be protected to the same extent as strikers authorized by the union, or whether their activity is unprotected because of the exclusivity principle behind section 9(a). John Henry Wigmore. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION WILDCAT STRIKE 401 The Supreme Court ruled in Emporium Capwell Co. v. Western Addition Community Organization, 420 U.S. 50, 95 S. Ct. 977, 43 L. Ed. 2d 12 (1975) that when wildcat strikers bargain separately, they are not protected by the Wagner Act. Most lower courts have applied Emporium Capwell broadly, holding that all wildcat strikers are unprotected. Therefore, even when wildcat strikers have not attempted to bargain separately, the majority rule is that the strike is unprotected activity. Ordinarily a wildcat strike constitutes a violation of an existing collective bargaining contract, so the strikes are not protected unless the whole union joins them and ratifies the protest. The union may, however, discipline its members for participating in a wildcat strike and impose fines. CROSS REFERENCES Labor Law; Wagner Act. v WILDE, OSCAR Oscar Wilde was a nineteenth-century Irish poet, novelist, and playwright who mocked social conventions and outraged English society with his unconventional ideas and behavior. Wilde’s relevance to the law is based on his 1895 criminal trial, in which he was convicted of committing homosexual acts and was sentenced to two years in prison. Historians of law and sexuality regard the trial as a pivotal event, as it demonstrated that the legal system could be used to punish gays and lesbians. Wilde was born in Dublin, Ireland, October 16, 1856. He was the second son born into an Anglo-Irish family, to Sir William Wilde and his wife, Jane Francesca Wilde. Wilde studied for three years at Trinity College in Dublin, and then at Magdalen College in Oxford, where his tutors included the English art critic John Ruskin and the English essayist Walter Pater. At the age of 24 he moved to London, where he very quickly becam e a conspicuous figure on the social scene, celebrated for hi s wit, personality, and self-consciously foppish dress sense. Wilde was a talented writer who achieved prominence—despite mixed literary criticism— with his first effort, Poems, in 1881. Many of his subsequent works are considered classics, in- cluding the novel The Picture of Dorian Gray (1891), and the plays Lady Windermere’s Fan Oscar Wilde 1854?–1900 ▼▼ ▼▼ 18501850 19251925 19001900 18751875 ❖ ❖ ◆◆◆ ◆ 1861–65 U.S. Civil War 1914–18 World War I 1854 (or 1856) Born, Dublin, Ireland 1881 Gained notoriety with publication of Poems 1891 The Picture of Dorian Gray published 1897 Began exile in Europe as Sebastian Melmoth 1900 Died, Paris, France 1905 De Profundis published 1892 Lady Windermere's Fan first produced 1895 The Importance of Being Earnest published; convicted of committing homosexual acts 1895–97 Served time in Reading Gaol (Jail) ◆◆ Oscar Wilde. LIBRARY OF CONGRESS ALL AUTHORITY IS QUITE DEGRADING . —OSCAR WILDE GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 402 WILDE, OSCAR (first produced, 1892) and The Importance of Being Earnest (first produced, 1895). As one of England’s most flamboyant and sought-after socialites, Wilde nevertheless led an ordinary life in many respects. He married Constance Lloyd in 1884 and fathered two sons. In 1895, however, rumors of Wilde’s homosex- uality began to circulate, culminating in a scandalous LIBEL trial. The Marquess of Queensberry, whose name is associated with the accepted standards of boxing regulations, started the controversy by publicizing Wilde’s sexual preferences. The marquess had discovered that his son, Alfred Douglas, had a relationsh ip with Wilde, and he was determined to sever the ties. In February 1895, the marquess publicly accused Wilde of being a homosexual. ENGLISH LAW made homo- sexual relations a criminal offense. Wilde professed innocence and took the marquess to court for criminal libel. At trial, the marquess’s lawyer produced letters written by Wilde to Alfred Douglas, and their affectionate terminology was damaging to Wilde’s case. As witnesses revealed Wilde’s affiliations with male prostitutes and other men, Wilde considered retracting his accusation. The jury found the marquess not guilty, thus lending some credi- bility to his accusation against Wilde. Soon after the conclusion of the trial, Wilde was arrested with a young man, accused of homosexual activities, and put on trial. At the trial, more information about his sex ual activi- ties emerged. The prosecution also introduced a poem by Alfred Douglas and questioned Wilde about several loving references to him. Wilde’s lawyers denounced the witnesses as characters of ill repute and pointed out conflicting facts in their testimonies. The trial ended in a HUNG JURY, but Wilde was retried in May 1895. That time, Wilde was found guilty and sentenced to two years in prison. He was released from Reading GAOL (pronounced “JAIL”) in May 1897 and moved to Europe, where he assumed the name Sebastian Mel- moth. During his exile, he wrote “The Ballad of Reading Gaol,” a long poem decrying the cruelty of British prison conditions, especially affecting child inmates. He also wrote letters to English newspapers to sway public opinion during consideration of new legislation. Most notably, on a personal and literary level, Wilde composed a letter to Douglas that was filled with recriminations again st the you nger man, which was published posthumously in edited form as De Profundis in 1905. Wilde died on November 30, 1900, in Paris. In 2001 the transcript of Wilde’s 1895 libel trial—which was thought not to exist—was donated anonymously to the British Library. Two-and-a-half years later, the library hosted a live reading with prominent British actors. The original documents, in stenographic shorthand, contain the entirety of the trial’s proceedings, a marked improvement over the abbreviated, personal, and unofficial accounts. FURTHER READINGS Foldy, Michael S. 1997. The Trials of Oscar Wilde: Deviance, Morality, and Late-Victorian Society. New Haven, Conn.: Yale Univ. Press. Great Britain. Public Record Office. 1998. Oscar Wilde: Trial and Punishment, 1895–1897. Kew, Richmond, Surrey, England: Public Record Office. “Great Trials: Oscar Wilde.” 1996. Quill and Quire 62 (April). Holland, Merlin. 2003. The Real Trial of Oscar Wilde. New York: Fourth Estate. CROSS REFERENCES Gay and Lesbian Rights. v WILKINS, ROY OTTOWAY Roy Wilkins was a prominent U.S. CIVIL RIGHTS leader who served as the executive secretary of the National Association for the Advancement of Colored People ( NAACP) from 1955 to 1977. Wilkins guided the NAACP during a time when momentous changes improved the civil rights of African-Americans and other racial minorities. Criticized as too conservative and unwilling to shift the NAACP’s focus from legal challenges and political LOBBYING to the nonviolent direct- action tactics of Dr. MARTIN LUTHER KING JR. and black power groups, Wilkins worked with Congress and Presidents JOHN F. KENNEDY and LYNDON B. JOHNSON to secure legislation that changed the status quo on racial inequality. Roy Ottoway Wilkins was born August 30, 1901, in St. Louis, Missouri. He was abandoned by his father shortly after his mother died and was taken in by an uncle who lived in Duluth, Minnesota. Wilkins later moved to St. Paul and graduated from the University of Minnesota. In 1923 he went to work as a journalist for the Kansas City Call, a newspaper published by and for the African American community in AT FIRST COLOR DOESN ’T MEAN VERY MUCH TO LITTLE CHILDREN , BLACK OR WHITE .ONLY AS THEY GROW OLDER AND ABSORB POISONS FROM ADULTS DOES COLOR BEGIN TO BLIND THEM . —ROY WILKINS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION WILKINS, ROY OTTOWAY 403 Kansas City, Missouri. He soon became man- aging editor of the paper. In 1931 Wilkins was appointed assistant executive secretary of the NAACP, the largest civil rights organization in the United States. His first major campaign was a telegram- and letter-writing protest against comedian Will Rogers, who had used the word “nigger” four times in his premier broadcast over the NBC radio network. As a result, Rogers switched to the less offensive term “darky.” From 1934 to 1949, Wilkins edited The Crisis, the official magazine of the NAACP. During that period, Wilkins was a trusted adviser and protégé of executiv e secretary Walter White. The NAACP’s strategy for improved civil rights for African Americans began during the 1920s with a series of lawsuits that contested both the separate-but-equal doctrine of racial SEGREGATION and the denial of VOTING RIGHTS based on race. Led by gifted attorneys that included future U.S. Supreme Court Justice THURGOOD MARSHALL, the NAACP made steady progress during the 1930s and 1940s. The campaign to end school segregation reached its climax in 1954 with the landmark case of BROWN V. BOARD OF EDUCATION OF TOPEKA, KANSAS, 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873. Wilkins played a major role in preparing the case for trial and appeal. The decision itself did not eliminate racially segregated schools, but it did remove the legal justification for the discriminatory practice. Wilkins was named executive secretary of the NAACP in 1955, following the death of White. The association proceeded to extend the gains of Brown through more lawsuits, both in the South and, during the 1960s and 1970s, in the North. Until the late 1950s the NAACP was regarded as a militant organization, uncompro- mising in its commitment to racial equality. With the birth of the modern CIVIL RIGHTS MOVEMENT , led by MARTIN LUTHER KING Jr., the NAACP appeared to be more conservative. Where Wilkins and the NAACP leadership believed in using the legislative and judicial process to achieve racial equality, King and his followers favored CIVIL DISOBEDIENCE and other forms of nonviolent direct action. Roy Wilkins. PHOTOGRAPH BY BILL SPARROW. ENCORE MAGAZINE Roy Ottoway Wilkins 1901–1981 ❖ ◆ ▼▼ 19001900 19501950 19751975 20002000 19251925 ▼▼ 1901 Born, St. Louis, Mo. 1923 Graduated from Univ. of Minn.; worked as reporter for Kansas City Call 1931 Joined NAACP as assistant executive secretary 1939–45 World War II 1914–18 World War I ❖ 1961–73 Vietnam War ◆◆◆ ◆ ◆ 1954 Brown v. Board of Education decided by U.S. Supreme Court 1965 Voting Rights Act of 1965 enacted 1964 Civil Rights Act of 1964 enacted 1981 Died, New York City 1934–49 Edited NAACP journal, The Crisis 1955–77 Served as executive secretary of NAACP 1963 March on Washington ◆ 1968 Fair Housing Act of 1968 enacted GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 404 WILKINS, ROY OTTOWAY Although Wilkins and the NAACP leader- ship were uncomfortable with this appro ach, Wilkins sought to form alliances with the new leaders. He helped to organize the March on Washington in 1963, which catapulted King to national attention. The NAACP supported many of the sit-ins and marches of the period, but it rarely initiated them. Wilkins preferred to concentrate on the political process. Wilkins played a major role in the passage of the CIVIL RIGHTS ACT 1964 (42 U.S.C.A. § 2000a et seq.), the VOTING RIGHTS ACT OF 1965 (42 U.S.C.A. § 1973 et seq.), and the FAIR HOUSING ACT OF 1968 (42 U.S.C.A. § 3601 et seq.). He worked with President Johnson and key senators and repre- sentatives on these measures. Militant leaders of the rising BLACK POWER MOVEMENT during the late 1960s charged that Wilkins and the NAACP were not radical enough. Wilkins rejected black sep aratism, seeking instead an integrated, color-blind soci- ety. With a plainspoken and laconic demeanor, Wilkins refused to indulge in emotional rheto- ric, concentrating in stead on making reasoned arguments for racial equality. In 1967 LYNDON JOHNSON awarded Wilkins the Presidential Medal of Freedom. In 1977 Wilkins ended his service as executive secretary of the NAACP and was succeeded by BENJAMIN L. HOOKS . Wilkins died from kidney failure on September 8, 1981, in New York City. FURTHER READINGS Branch, Taylor. 1988. Parting the Waters: America in the King Years, 1954–63. New York: Simon & Schuster. Kluger, Richard. 1976. Simple Justice. New York: Knopf. O’Neill, William L. 1971. Coming Apart: An Informal History of America in the 1960s. New York: Quadrangle Books. Wilson, Sondra Kathryn, ed. 1999. In Search of Democracy: The NAACP Writings of James Weldon Johnson, Walter White, and Roy Wilkins (1920–1977). New York: Oxford Univ. Press. WILL A document in which a person specifies the method to be applied in the management and distribution of his estate after his death. A will is the legal instrument that permits a person, the testator, to make decisions on how his estate will be managed and distributed after his death. At COMMON LAW, an instrument disposing of PERSONAL PROPERTY was called a “testament,” whereas a will disposed of real property. Over time the distinction has dis- appeared so that a will, sometimes called a “last will and testament,” disposes of both real and personal property. If a person does not leave a will, or the will is declared invalid, the person will have died intestate, resulting in the distribution of the estate according to the laws of DESCENT AND DISTRIBUTION of the state in which the person resided. Because of the importance of a will, the law requires it to have certain elements to be valid. Apart from these elements, a will may be ruled invalid if the testator made the will as the result of UNDUE INFLUENCE, FRAUD, or mistake. A w ill serves a variety of important pur- poses. It enables a person to select his heirs rather than allowing the state laws of descent and distribution to choose the heirs, who, although blood relatives, might be people the testator dislikes or with whom he is unac- quainted. A will allows a person to decide which individual could best serve as the executor of his estate, distributing the property fairly to the beneficiaries while protecting their interests, rather than allowing a court to appoint a stranger to serve as administrator. A will safeguards a person’s right to select an individual to serve as guardian to raise his young children in the event of his death. The right to dispose of prop erty by a will is controlled completely by statute. Since the 1970s, many states have adopted all or parts of the UNIFORM PROBATE CODE, which attempts to simplify the laws concerning wills and estates. When a person dies, the law of his domicile (permanent residence) will control the method of distribution of his personal property, suc h as money, stock, or automobiles. The real prop- erty, such as farm or vacant land, will pass to the intended heirs according to the law of the state in which the property is located. Though a testator may exercise much control over the distribution of property, state laws protect spouses and children by providing ways of guaranteeing that a spouse will receive a minimum amount of property, regardless of the provisions of the will. Requirements of a Will A valid will cannot exist unless three essential elements are present. First, there must be a competent testator. Second, the document purporting to be a will must meet the execution requirements of statutes, often called the Statute GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION WILL 405 A sample will. ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. I, _________________ [name of testator], a resident of _________________, [State], being of sound and disposing mind and memory and _________________ [over the age of eighteen (18) years or lawfully married or having been lawfully married or a member of the armed forces of the United States or a member of an auxiliary of the armed forces of the United States or a member of the maritime service of the United States], and not being actuated by any duress, menace, fraud, mistake, or undue influence, do make, publish, and declare this to be my last Will, hereby expressly revoking all Wills and Codicils previously made by me. I. EXECUTOR: I appoint _________________ as Executor of this my Last Will and Testament and provide if this Executor is unable or unwilling to serve then I appoint _________________ as alternate Executor. My Executor shall be authorized to carry out all provisions of this Will and pay my just debts, obligations and funeral expenses. I further provide my Executor shall not be required to post surety bond in this or any other jurisdiction, and direct that no expert appraisal be made of my estate unless required by law. II. GUARDIAN: In the event I shall die as the sole parent of minor children, then I appoint _________________ Guardian of said minor children. If this named Guardian is unable or unwilling to serve, then I appoint _________________ alternate. III. MARITAL STATUS: I declare that I am married to _________________ [name of spouse ] and that all references in this Will to my _________________ [Husband or wife] are references to _________________ [him or her]. IV. SIMULTANEOUS DEATH OF SPOUSE: In the event that my _________________ [wife or husband] shall die simultaneously with me or there is no direct evidence to establish that my _________________ [wife or husband] and I died other than simultaneously, I direct that I shall be deemed to have predeceased my _________________ [wife or husband], notwithstanding any provision of law to the contrary, and that the provisions of my Will shall be construed on such presumption. V. SIMULTANEOUS DEATH OF BENEFICIARY: If any beneficiary of this Will, including any beneficiary of any trust established by this Will, other than my _________________ [wife or husband], shall die _________________ within 60 days of my death or prior to the distribution of my estate, I hereby declare that I shall be deemed to have survived such person. VI. BEQUESTS: IN WITNESS WHEREOF, I, _________________ [name of testator ], hereby set my hand to this last Will, on each page of which I have placed my initials, on this _________________ day of _________________, at _________________, [State]. _________________ [signature ] _________________ [typed name of testator ] The foregoing instrument [consisting of _________________ pages, including this page] was signed in our presence by _________________ [name of testator ] and declared by _________________ [him or her] to be _________________ [his or her] last Will. We, at the request and in the presence of _________________ [him or her] and in the presence of each other, have subscribed our names below as witnesses on this _________________ day of _________________. ___________________________ [Signature of Witness #1] ___________________________ [Typed name of Witness #1] ___________________________ [Address of Witness #1] ___________________________ [Signature of Witness #2] ___________________________ [Typed name of Witness #2] ___________________________ [Address of Witness #2] Last Will LAST WILL OF _________________ [name of testator] ____________________________ [Signature of Witness #3] ____________________________ [Typed name of Witness #3] ____________________________ [Address of Witness #3] GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 406 WILL of Wills, designed to ensure that the document is not a fraud but is the honest expression of the testator’s intention. Third, it must be clear that the testator intended the document to have the legal effect of a will. If a will does not satisfy these requirements, any person who would have a financial interest in the estate under the laws of descent and distribution can start an action in the probate court to challenge the validity of the will. The persons who inherit under the will are propo- nents of the will and defend it against such an attack. This proceeding is known as a will contest. If the people who oppose the admission of the will to probate are successful, the testator’s estate will be distributed according to the laws of descent and distribution or the provisions of an earlier will, depending on the facts of the case. Competent Tes tator A competent testator is a person who is of sound mind and requisite age at the time that he makes the will, not at the date of his death when it takes effect. Anyone over a minimum age, usually 18, is legally capable of making a will as long as he is competent. A person under the minimum age dies intestate (regardless of efforts to make a will), and his property will be distributed according to the laws of descent and distribution. An individual has testamentary capacity (sound mind) if he is able to understand the nature and extent of his property, the natural objects of his bounty (to whom he would like to leave the estate), and the nature of the testamentary act (the distribution of his prop- erty when he dies). He must also understand how these elements are related so that he can express the method of disposition of property. A testator is considered mentally incompe- tent (incapable of making a will) if he has a recognized type of mental deficiency, such as a severe mental illness. Mere eccentricities, such as the refusal to bathe, are not considered insane delusions, nor are mistaken beliefs or prejudices about family members. A person who uses drugs or alcohol can validly execute a will as long as he is not under the influence of drugs or intoxicated at the time he makes the will. Illiteracy, old age, or severe physical illness do not automatically deprive a person of a testamentary capacity, but they are factors to be considered along with the particular facts of the case. Execution of Wills Every state has statutes prescribing the formali- ties to be observed in making a valid will. The requirements relate to the writing, signing, witnessing, or attestation of the will in addition to its publication. These legislative safeguards prevent tentative, doubtful, or coerced expres- sions of desire from controlling the manner in which a person’s estate is distributed. Writing Wills usually must be in writing but can be in any language and inscribed with any material or device on any substance that results in a permanent record. Generally, most wills are printed on paper to satisfy this requirement. Many states do not recognize as valid a will that is handwritten and signed by the testator. In states that do accept such a will, called a holographic will, it usually must observe the formalities of execution unless exempted by statute. Some jurisdictions also req uire that such wills be dated by the testator’s hand. Signature A will must be signed by the testator. Any mark, such as an X, a zero, a check mark, or a name intended by a competent testator to be his signature to authenticate the will, is a valid signing. Some states permit another person to sign a will for a testator at the testator’s direction or request or with his consent. Many state statutes require that the testator’s signature be at the end of the will. If it is not, the entire will may be invalidated in those states, and the testator’s property will pass according to the laws of descent and distri- bution. The testator should sign the will before the witnesses sign, but the reverse order is usually permissible if all sign as part of a single transaction. Witnesses Statutes require a certain number of witnesses to a will. Most require two, although others mandate three. The witness es sign the will and must be able to attest (certify) that the testator was competent at the time he made the will. Though there are no formal qualifications for a witness, it is important that a witness not have a financial interest in the will. If a witness has an interest, his testimony about the circumstances will be suspect because he will profit by its admissio n to probate. In most states such witnesses must either “purge” their interest under the will (forfeit their rights under the will) or be barred from testifying, thereby GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION WILL 407 . execution requirements of statutes, often called the Statute GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION WILL 405 A sample will. ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A. Evans Whittaker. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 398 WICKERSHAM COMMISSION times brought on by the Great Depression. Nevertheless, the volume entitled Lawlessness in Law Enforcement. ____________________________ [Typed name of Witness #3] ____________________________ [Address of Witness #3] GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 406 WILL of Wills, designed to ensure that