Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1835-08-03

Roanoke
MIR. Walter Jones for the plaintiffs presented n
series oil tcstamcntary papers IN the hand writing
OF MIR. Randolph, commenting at considerable
length ON their bearing upon tho cause.
In the course of Mr.. Jones' remarks he said,
that the tendency of the evidence which the coun-
sci for the plaintiffs should produce, would be To
show that MIR. Randolph was, u, the time OF max
ing the will of 1892, and had been, for several
years previous, IN one of two condtions-chor
that oi fixed and permanent insanity, or that OF n
lunatc with lucid inter, als--and it mattcrcd not
III which OF these conditions he was shown TO have
been , for if it should he decided that he lu-
matte with lucid intervals, il would only be neces
snry Tor them to bring down one of the paroxysms
50 nearly To the momcut Of the execution OF the
testamentary paper, as 10 create n conviction in
the mind Of the Court TINT he was not sane NJ that
point OF time ; nor did il appear necessary 10 spc-
city any particular act OF lnnacy AT that moment :;
but the Court would use their discretion in Judy
ing from the proximity OF the paro,ysm to thu tes
tamentary act, the state of mind under which
the act performed. lie believed tina, he should
be able To show, tina, At the time when he wrote
the will OF - he was lahorng under one of the
most violent paroXySms OF that unhappy lunaeN,
which So dlsastrously 10 himself and his country,
obscnred the light of ms hrllian, mind. They
should also show that, whenever in his lucid inter
walls, he spoke of his will, hc always alluded 10
the will of 1921, in the hands of Judge Leigh
and that even in his last illness at Phadcl-
pha, he spoke of the old will in a manner
which showed not only his consciousness ois csis-
tcnce, but his desire 10 give it effect
Thu frs, paper read by Mr.. J. was tho will Of
Mr. r., witnessed by Richard Randolph Jr., the
name and date OF which has been cni out II pro-
''des Ion the cmanc patton of all the slaves and
u Srtt nj IA
other State or Territory ol the United States
makes particular provisions Tor his avorio SER
wants, Essen, lIety, Nancy, Juba, Queen and
Johnny--conlrmS TO his brother Beverly the
slaves formerly given him, but reconvoycd to Mr.
R.-bcqucahs to John Randolph Clay 400 per
annnm Tor his clucation, until he shall reach the
are of twcniy-iour vcars--to his namcsa<c John
X. Bryan, his gold watch, cham and seals, and the
choice ofhis horses, and To Thomas Bryan the
choice OF two horscs--to " ill,am Leigh of Hall
fax, all the land on which Mr.. II. lived also the
books, plate, linen, household and kitchen furni.
tire, liquors, stock, tools and every thing ms it
nov stands hereby appointing him his sole cNoeu-
tor, without requiring him TO gave security. OF take
an inventory of any thing nj his mansion house
or the middle quaricr-jo +. b. Dudley, (a part ri
this Is cut OUT the words are, all the interest
have under tho will of Mrs. Martha Cowan.' The
will further desires the executor to sell, il he shall
see fit, but not otherwise, tho tcsta,or's interest IN
the will OF Mrs. Judith Randolph, and dir, cts that
" the land above Owen ; fer, road and the Low
er GARTER and the land | bought Of the Reads
To be sold at my executors discretion, and what
ever tho words are here cut out tho missing word
were probably, may remain after the payment
OF my, SO as to make it read, may remain atic,
the payment of my debts, give and bcqueatl II
Francis Scott Key, and the Rev. " illiam Meade
10 be disposed Of towards betoiing the condition
OF my mannmittcd slaves. The will concludes
with the following passage: ] have not incllld-
cd my mothers descendants inmy viii because her
husband, besides the whole. profits of my late faith
cr's estate, during the minority OF my brother and
myself has contriycd 10 get 10 himself the slave
given by my grandfather Bland, as hor marriage
portion, when my father married hcr--nhth
slaves were inv cntorlcd At my fathers death as part
OF his estate, and were as much his any that he
had. One half OF thcmno scattered from Mary
land to Mississippi, entitled to freedom NJ m,
brother Richards death, and the other would hay,
been at mine" Witness my hand and seal Name
cut OUT
This will, which we have distracted, is the ON,
which will be spoken OF in the course of the trial
AS the will of 1921.
A colic is attached to it, as follows Codici
to this, my will, made the 9th day of December
1921 revoke the bequcstto Y. u. Dudley ant
bcqueatiI the same To my executor, 10 whom
also give in fec simple, all my lots and houses il,
Farmvillc, and every other species Of property
whatever, that die possessed of, saving the aorc-
said specifications in my will.
Amelia County" (Namc cut our.)
+" The reason OF the above revocation, hay,
communicated to William J. Barksdslc, Esq"
On the envelope OF his will was the following
endorsement Gin the hand writing, it was after
wards proven, of Mark Alcxandcr) The will
and codicil of John Randolph OF Roanoke, direct
ed to be placed with VIM. Leigh, Esq. his eNecu
toro-ind the following endorsement in Mr.. Ran
dolph's hand writing: .Old will canccllcd-N. B
Draw another by it,
The next paper in order was IA codcil, dated
January 81, 1926, which commences with the con
frmation of all the requests made to William
Leigh, Esq in the will in his possession, and be-
quests TO or for the benefit of each and every ont
OF the tcstators slaves, with some further prov
sons for his body servant john, and Betsy hi
wife, for Juba and his wife Celia, and for muatlo
Nancy, &c. and humble request to the Genera
Assembly e. the only request ever preferred to
them'') to let the above named, and such others o
his faithful slaves desire it, remain in Virginia
recommending them 10 the care of his executor
. who know is too wise, just and humane, to scno
them to Liberia. any other place in Africa, OF
the West Indies" The testator then revokcs al
other requests in the WILL except to VIM. Leigl
and his said slaves, and bequeahs all his estate to
William Leigh, cnumcrang the various parcel,
OF property SO bcqucathed. lie bcquca'hs IL
his friend, Thomas II. Benton, tract Of land spc-
Gifted, containing about 600 acres, g as mark o.
IL, H.,