Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-03-03

! 10 declare the prayer of the petition reasonable.
The House agreed to the amendment, after expana'
ton by Mir. SMITH, and bill was ordered.
A large number Of bills read the first and second
| time, and various reports considered.
The following engrossed bills read third time
and passed "A bill to repeal so much Of the act con-
corning the Penentary relates to Courts Martial Tor
the trial Of the public guard-a bill declaring Dunkard
Creek public Highway-a bill to change the and
increase the capital stock of"The Parsons Coal Mining
and Iron Manufacturing Company"-a bill concerning
the destruction removal Of lond-marks-a bill chang
inc the time of holding the Circuit Superior Courts Of
the counties OF Rappahannock and Orange-a bill TO
authorize the County Court of Ohio County to sell the
ground on which the jail of said county is erected and
Tor other purposes.
PROBATE OF WILLS.
The bill relating TO the above being taken up,
Mr. SMITH of. of w objected to the principle of The
BILL and every part Of il, except the last clause lie
thought there defect in the law as it stood.
He was in favor of leaving the law it was, and
ed strike all but tho last section relating to the
mode OF obtaining The evidence Of sick or disabled wit
nesses.
Mr. KrSYEY hoped the bill would pass, as it would pre-
vent accumulation of costs, which sometimes
very heavy. The Of John Harris will in Abe
marie, in point in which appeal after appeal
removal after removal, had heen made the whole merits
Of the Ind been examined in three several courts
and vet 10 be tried again account OF per-
son Interested having been made party in the
The object OF The bill TO all parties inter
ested so that when is decided there may be
end of controversy II only applies, however, 10 ca
ses where there are controversies wills.
Mr. STUART thought The existing laws very defective,
and instanced the Of the late MI Randop hs will,
proof Of the great expense trouble and delay occa
stoned by The present law This bill provides merely,
that there shall not be two contests and two sets OF costs
In the case Of Mr. Randophs will, the costs amounted
to or 5000 dollars which is according 10 The latest
fashion, 10 be paid Of the eslne In this case there
are slaves still held such. and who might be so held
for Is years. but who, if the will had been decided IN
reasonable time would be free; in the mean time,
the profits of their labor gathered to the estate and
cases might arise where such thing as this might be
purposeIy effected by collision among the parties: de
made this remark in general being far from impu!ng 10
the liberal and hgh.mnded gentlemen concerned in Mr.
Randolphs estate, any such procedure as this, -.
Mr. SMITH commended, that the defect was not III the
law, but in the will maker. He thought in some cases
the will-maker had better have devised all his estate TO
be divided fright away among the members oil the par
as thew often swallowed up the whole. IL men will delay
making their Wills and seek to make illegal limitations
that their estates should suffer, was entirely their own
fault Ii was better also, that the expenses SHOULD De
paid out Of The estate than that the parties should pay
them He though, the Law as it now e1lssed' ef'ef '"e