Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1835-07-30
c o III NJ u vrcAT1oN.
For The Martinsburg Gazette.
THE WILL. OF JOHN RANDOLPH

4
General Court, which presume may somewhat
interest You and your readers; aud as its great
length wall probably prevent its immediate pub
lica'ion IN our newspapers, will give yea a
brlet sketch OF il for the Gazette.
/ The case TO which alude, relates to the will
| Of John Randolph Of Roanoke. A will made by
him on the LIST Of January 1882 having been Of
Tered tor Probate, it has been varioasly resisted
j by different parties and on diverse grounds
The will thus offered deviscs the bulk Of his es-
tate to the grandson Of his favoritc sister, the on
ly son OF John Randolph Bryan and Elizabeth
Coulter his wife, and to his issue, and in defect
| of such issue, TO John Randolph Tucker, the son
| of Henry St. George Tucker, aud his issue. and
! in defect of such issue 10 Tudor Tucker another
son Of Judge Tucker, with remainder 10 his ED.
est son. IL also provides for the sale Of all his
slaves with the exception of one hundred, which
are TO be reserved for the use Of the heirs.
| 1t would be long and complicated detail.
were 10 refer TO the various Parliamentary pa
pers written by MIR r. which were produced du-
ring the hearing of the cause, dating back as far
as 1919. The main document on which the plain
tifis depended, and on which their suit was foun
ded, was will made In 1921 in the very first
clause of which he emancipates all his slaves.
and makes provision in other parts of the docu-
ment tor their settlement. In that will, he en-
tirely passes his blood relations, and devil
ses large portion Of his property TO his friend
Judge William Leigh Of Halifax. This will it
II. Ii.
| on the very night ofthe writing of the will of
Jan. 1892, by cutting out his signature in the pre-
sence OF Judge j.. But the plaintiffs counsel at
tempted Its re-establishment upon the ground
that Mr.. R.was insane at the time ofcaDcelling
the will of 1921 aud Of writing the win of 1882,
and on that ground they opposed the admission
OF the latter to probate.
To support that position one side, and TO re-
but IL ON the other mass Of testimony was taken
on both sides, chiefly relating TO the state of Mr.
Randolph's mind previous, during, and after the
making OF the will Of '32, which, taken down in
short hand by Mr.. Sparhawis occupies nearly
four hundred pages, aud whichby the consent of
the parties aud the Bench, forms portion of the
record of the Court. said that this testimony
relates chiefly TO Mr.. RS. state of mind, during
the period between his return from Russis, and
| the subsequent spring-but il embraces also 9th,
erperiods and olher subjects, to which it is ne
cessary TO advert, TO give you an idea of the diff
| icuities OF the case, which you must bear in
! mind am not stating as lawyer would do, and
for which presume your readers will thank
me.
! You will rccolect that much has been said of
certain declarations made by Mr.. II. on bis
death bed in Philade lphia, which have been sup
posed to be oil character TO constitute nuncup-
| alive will. These declarations, it was shewn
\ IN evidence, were so far in contradiction of his
last Will made in 80, as 10 emancipate all his
| slaves. The statements Of the witnesses were
| IN effect that Mr. r. repeatedly declared ia his
last moments that he had emancipated his slaves
IN has acin but that through fear that his object
should fail of being carried into effect, he for
mally and solenlnly called upon four individuals
| TO assemble around his bed, and hear him renew
| 10 them this declaration of his dying wishes
The counsel for the plaintiffs depended upon this
last declaration 10 sustain their position, that
when he made the win 1892 he was of unsound
mind, and consequently in his death bed decla
ratons, referred TO the only will of which he
had any recollection, viz. the will of 1921, in
which he cmancipates his slaves; and they
| Showed so lar as the observe tons OF those who
| saw him in his last hours with one exception)
could shew, that he was sane and rational while
| on the part Of the defendants endeavor was
made TO shew that he was in his dying moments
insane, and incapable of making a sound dispo-
sition OF his property.
Now from the two statements made above, you
will perceive that the adverse counsel had 10
| show on both sides, that at one period Mr. Il. was
| insane& al another period sane, with this varie.
ty, that the period at which one party would
have him sane, the other insists upon his being
| insane, and riee rersa.
But TO go back 10 the period TO which the main
inquiry had reference--yiz, the period previous
at, and after the making the will Of 80. The
principal witnesses depended on 10 shcw that
Mr.. r.. was insane during that space Of time,
! were Mr.. John Marshall of Charlotte, Judge
w. Leigh Of Haliiax, & Mr. VIM. M. Watkins
The two former were the particular friends
| (ludge Leigh most confidential irend) of MIR
! X. They were frequently with him from the
time oil his return from Russia in Nov. 1881, &c
the subsequent sprng-and from their state.
ments aud those Of others the following fact:
were shown That Mr.. RS, appearance, man
ner and conduct were much changed-tbat his
speeches at Charlotte and Prince Edward were
interior TO his former efforts, and the latter
bounding in violent invcctive against friend anC
Toe that has conduct and behavior TO his ne eroe.
was entirely altered, and whereas he had for
nerly been kind tender and considerable mas.
ter, exact but equitable in his discipline, auC
creating obedience in his slaves by a firm bu
moderate system Of government, he had become
capricious and cruel tyrant using abnsive pro
Zane and obscene language 10 his negroes when
ever they came about him banishing his favor.
lite house servants 10 the field and the ditch, anC
supplying their places by awkward field hands
that he had become suspicious Of his best friends
charging Judge Leigh and Mr.. Marshall most un
justly with detrauding him in the sale of filly
barring his gates against visiters, and sending
word 10 his friends not TO come and see him
that he was quarrelsome with his neighbors, es
peeially with Robert Darlington, making larg,
purchases OF lands surrounding Carring;on' s plan
tation with the avowed intention 10 slui him IA
from all egress TO market or the court house !; or
TO use his own expression, ''that he had Car
rngton in pair Of nut-craekcrs.' That he wa,
quarrelsome and oppressive TO his overscers, is
some cases, and treated them with unwonted IA
miliarity in others--that he had changed his ba
bits OF eating &c,-breakfasting at noon, dinin;
late in the evening, and taking, what he called
his morning ride at FIVE or six o'clock p. M, tina
he expressed the strongest contempt, aversion
and even hatred for the people Of this ccuntry
for its manners, Institutions, &c--that he becam,
pennrious in the extreme, in contrast with hi
former liberality, starving, or nearly so, hi
guests; and finally that these growing eecentri
cities ended in absolute Idnacy ia March ant
April 1882. These are a few OF the leading fea
tares of the evidence TO shew Mr.. rps nnsoun,
state Of mind al and abont the time Of MAXIM
the will Of 1892 But must not omit mention 0
frequent declarations during this period, that h
had formerly emancipated his slaves by his viii
and bad changed his mind, and his support Of ih
proprcty of that change, by quoting the mint
chapter OF Genesis, 2lst TO the 9th verses.
On the 0ihnr hand. hz The GROSS. cXainin aiin