The legal principle stated in the following passage is as old as the history of jurisprudence. It was recognized as a rule of law in Paul's day; and his clear statement thereof, under the guidance and direction of the Holy Spirit, stands as a model today for all writers on the subject of wills:
"For where a testament is, there must also of necessity be the death of the testator. For a testament is of force after men are dead; otherwise it is of no strength at all while the testator liveth." (Heb. 9:16-17.)
In our state (Texas), any person who is legally competent to make a will, "an instrument in writing by which one disposes of his property to take effect after his decease," has the right to revoke that will, "by a subsequent will, codicil, or declaration in writing, executed in like formalities, or by the testator destroying, canceling or obliterating the same, or causing it to be done in his presence." -- Art. 8285, Revised Texas Civil Statutes. Since the testator, the maker of the will, may at any time prior to his demise, revoke, cancel, or destroy any will previously made, the beneficiaries' names therein do not, by virtue of the execution of the will with all formalities required by law, acquire any interest in the testator's estate. Even if the will is not revoked, "it is of no strength while the testator liveth," for in legal contemplation a will takes effect after the death of the testator. Hence, we see that Paul's statement of what is necessary to make a will effective is in perfect harmony with our law on the subject.
The statement made by Paul in this connection was designed to show the necessity for the shedding of our Lord's blood and His death resulting therefrom. Being the "mediator of a new covenant" -- that is, the author of a will and testament under which sinful man may be reconciled to God -- the Son of God had to die in order to make that will and testament effective. Almost in the shadow of the cross Jesus said, For this is my blood of the New Testament, which is shed for many for the remission of sins," and to this the Holy Spirit, speaking through Paul, added, "and without the shedding of blood is no remission."
Let us, therefore, consider the New Testament in the sense that it constitutes the last will and testament of our Lord. It is true that Jesus did not write a will in the manner in which wills are usually made, as He personally wrote nothing of a permanent nature for the curious or faithful of mankind to read; but He left a will of transcendent beauty, one in which every human being is named as a beneficiary. Countless millions have been comforted by it, and the course of history has been changed by its influence. Thank God that this will was not revoked! All the fiery darts and temptations of Satan could not deter our Lord from His mission of love.
In present-day legal phraseology the Master's will might be termed a nuncupative or oral will. This type of will is recognized by our law; and in the making and probating, or proving, of same, there are several striking comparisons with the essentials of the making and proving of our Lord's will. Either consciously or unconsciously, our lawmakers have followed the Divine pattern; thus, verifying the oft repeated statement that the laws of God revealed in the Bible constitute the basis or foundation stone upon which all human laws are built. Let us note the comparisons referred to in the logical order in which they appear, as follows:
1st) A nuncupative or oral will must consist of testamentary words spoken by the deceased during his last illness; therefore, in contemplation of his death. Every word spoken by our Lord during His public ministry was in anticipation of the cup He was to drink:
"Then he took unto him the twelve, and said unto them, Behold, we go up to Jerusalem, and all things that are written by the prophets concerning the Son of man shall be accomplished. For he shall be delivered unto the Gentiles, and shall be mocked, and spitefully entreated, and spitted on; and they shall scourge him, and put him to death." (Luke 18:31-33.)
2nd) A nuncupative or oral will cannot be established where the value of the estate exceeds thirty dollars, unless it be proved by three credible witnesses that the testator called upon some person to take notice or bear testimony that the testamentary words spoken comprised his will. Judas valued our Lord's estate at a paltry thirty pieces of silver; but "nevertheless we, according to his promise, look for news heavens and a new earth, wherein dwelleth righteousness," and "this is the promise that he hath promised us, even eternal life" (II Peter 3:13 and I John 2:25). The appraisal made by Judas was, therefore, false, because the estate of the son of God - "the unsearchable riches of Christ" - cannot be valued acording to material standards. Hence, the will of Jesus Christ had to be witnessed by three credible witnesses. John says "and there are three that bear witness in earth, the Spirit, and the Water, and the Blood: and these three agree in one" (I John 5:8). Jesus called on all three of these witnesses.
He promised the Holy Spirit:
"For John truly baptized with water; but ye shall be baptized with the Holy Ghost not many days hence....But ye shall receive power, after that the Holy Ghost is come upon you; and ye shall be witnesses unto me both in Jerusalem, and in Judea, and in Samaria, and unto the utermost part of the earth." (Acts 1:5 and 8.)
He commanded water:
"Go ye therefore, and teach all nations, baptizing them in the name of the Father, and of the son, and of the Holy Ghost." (Matt. 28:19.)
He cited the blood as a witness at the institution of the Lord's supper:
"And he took the cup, and gave thanks, and gave it to them saying, Drink ye all of it; For this is my blood of the New Testament, which is shed for many for the remission of sins." (Matt. 26:27-28.)
3rd) The witnesses to an oral will must agree as to the substance thereof. In speaking of the three witnesses above referred to, John says that "these three agree in one." How necessary these witnesses are in the Christian system or plan of redemption!
4th) An oral will, like a written will, must be probated or proved. The testimony of the witnesses is introduced in evidence; and if the witnesses are credible and their testimony unimpeachable, the testamentary words are declared by the court having jurisdiction to be the last will and testament of the deceased. Our Lord's will was this probated in the High Court of Heaven. The blood of the Lamb of God was shed on Calvary's cross, the risen Lord commanded water in the Great Commission, and the Holy Spirit came as promised by Jesus, thus completing the process of probating or proving the Divine will.
We read:
"And suddenly there came a sound from heaven as of a rushing mighty wind, and it filled all the house where they were sitting. And there appeared unto them cloven tongues like as of fire, and it sat upon each of them. And they were all filled with the Holy Ghost, and began to speak with other tongues, as the Spirit gave them utterance." (Acts 2:2-4.)
A scene like this could not be enacted without the hand and power of God.
5th) Oral testamentary words, or the substance thereof as proved by the witnesses, must be reduced to writting within the time prescribed by law. Under the guidance of the Holy Spirit inspired men committed to writing the will of our Lord, thus recording for the benefit of mankind the eternal verities of life. Jesus said:
"Heaven and earth shall pass away, but my words shall not pass away." (Matt. 24:35.)
We see then, that the will of Christ has been made, proved, and reduced to writing with all formalities required by law. Not indeed by authority of man-made law; but under and by virtue of the eternal law of God, after which our own statutes are feebly patterned. When, however, our own law -- which we think is both reasonable and understandable -- has in it provisions for the making and probating of wills legally similar to our Lord's will, we can the more understand and appreciate the Divine plan.
The Author of the New Testament remembered all men in His blessed will, for Jesus said:
"Come unto me, all ye that labour and are heavy laden, and I will give you rest." (Matt. 12:28.)
And again, "For the son of man is come to save that which is lost." Many blessings in this life, including remission of sins, and eternal life in the great beyond are the great bequests under this will.
"For bodily exercise profiteth little; but Godliness is profitable unto al things, having promise of the life that now is, and of that which is to come." (I Tim. 4:8.)
"And this is the promise that he hath promised us, even eternal life." (I John 2:25.)
But every beneficiary under a will does not always receive the benefits thereunder, either because of unwillingness to comply with such conditions as may be set forth therein, or neglect to do so. The maker of any will has the right to impose conditions and restrictions upon the use and enjoyment by the beneficiaries of the property devised or bequeathed, provided such conditions and restrictions are not against public policy. If we were named as beneficiaries under a man's will, no time would be lost in determining the steps necessary to receive our material inheritance. Should we not, then, be even more interested in learning what, if any, conditions are set forth in the will of our Elder Brother? Unwillingness or negligence on our part in this matter might deprive us of an eternal inheritance, which we are entitled to. Let us, therefore, hear what the will says, for "faith cometh by hearing, and hearing by the word of God" (Rom. 10:17).
Belief or faith is the first and primary requirement or condition. In John 6:29 we read:
"Jesus answered and said unto them, This is the work of God, that ye believe on him whom he hath sent."
Confession is enjoined upon us by the Testator in the following words:
"Whosoever therefore shall confess me before me, him I confess before my Father which is in heaven." (Matt. 10:32.)
Repenance and baptism are clearly stated in Peter's memorable sermon on Pentecost in which he said:
"Repent, and be baptized every one of you in the name of Jesus Christ for the remission of sins, and ye shall receive the gift of the Holy Ghost." (Acts 2:38.)
In this remarkable statement the three witnesses mentioned by John -- the Spirit, the Water and the Blood -- are again brought to our minds. In Romans 6:3 Paul says:
"Know ye not, that so many of us as were baptized into Jesus Christ were baptized into his death?"
Baptism literally requires water, figuratively takes us into Christ's death, in connection with which His blood was shed, and then assures us the gift or blessing of the Holy Spirit. [I disagree with Odeneal's use of the word "figuratively," as scripture says we were buried with Christ. Rom. 6:4, Col. 2:12]
Then, according to the will, we are to "fight the good fight of faith" and "forgetting those things which are behind, and reaching forth unto those things which are before -- press toward the mark for the prize of the high calling of God in Christ Jesus." The Christian life is both a battle and a race to the victor and winner will be paid the final bequest:
"Blessed is the man that endureth temptation: for when he is tried, he shall receive the crown of life, which the Lord hath promised to them that love him." (James 1:12.)
In the language of Paul:
"How shall we escape, if we neglect so great salvation; which at the first began to be spoken by the Lord, and was confirmed unto us by them that heard him; God also bearing them witness, both with signs and wonders, and with divers miracles, and gifts of the Holy Ghost, according to his own will?" (Heb. 2:3-4.)
If we neglect it, there is no escape. One great distinction between the will of the Master and man-made wills is that the latter are executed or carried out by the executors named therein or by administrators appointed by courts, whereas the risen Christ is the executor of His own will. He has the power not only to say to those who comply with the terms and conditions of His will:
"Come, ye blessed of my Father, inherit the kingdom prepared for you from the foundation of the world." (Matt. 25:34.)
But He is also to judge those who do not, by saying:
"Depart from me, ye cursed, into the everlasting fire, prepared for the devil and his angels." (Matt. 25:41.)
May we so live as "heirs according to the hope of eternal life," that when the final summons comes, each of us will be able to say with Paul:
"I have fought the good fight, I have finished my course, I have kept the faith: Henceforth, there is laid up for me a crown of righteousness, which the Lord, the righteous judge, shall give me at that day: and not to me only, but unto all them also that love his appearing." (II Tim. 4:7-8.)