The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1851-11-06
NUMBER Al.
From The Public Ledger.
Important win Case.

on trial before Judge King for several days
past and was decided on Saturday last by a
verdict of the jury, was one of considerable
Importance, and its correct adjudication will
give renewed assurances of the fidelity with
which the guarantees of the law, in the en-
loyment and disposition of properly by its
true owners, are carried out by our. courts.
The testator, Charles Leech, resided in West
Philadelphia, possessed Of considerable
property. He was about eiehty-ihree years
old when he died, and had been eccentric in
his habits for many years, if.not always.
being exceedingly suspicious, believing IN
wit"hcraft, ard frequently fancying that
I somebody hada design 10 poison him. He
was never married, but lad natural son,
| and lived almost entirely alone in his cx-
IRENE old age. Several years ago he made
will, in which he bequeathed his property 10
family with which he was intimate, but
not related by blood, cutting of Lis natural
son, and his broiher's children. A neigh
bor who was frequently entrusted by him 10
manage his business, with others, remonsra-
| ted with him upon the injustice OF such II
disposal Of his property reminded him In
he had acknowledged his son, and presss
upon the moral obligation of providing fjr
him, and giving h,m the bulk OF his property
to his son. This will was offered for pro-
bale after his death, when cavea was filed
by his nepheNs, denying the validity ofsthe
will, on the ground that it had been obtained
by undue influence, and that, when it was
| made, the testator was not of sound dispo-
sing mind.
On tine trial Of the cause, large number
o! witnesses, were examined on both sides
touching the mental capacity of the Testa-
tor at the time of making his will. The
| physician who attended him in his last sick
ness. was one Of the witnesses, and testified
that the old gentleman was extremely feeble
in body, from disease and age, but that he
appeared 10 be of sound memory and dispo-
sing mind. He, the wi;nees, spoke 20 him
first on the subject of his disease, and, when
| he saw that it would be difficult if not i'm
possible 10 improve his health, he admon-
ished him on The nece sity of preparing him.
| self for anothes world. The doctor said he
conversed intelligenily and nationally on the
subject
Judge King, in clear and able charge ID
! the Jury, reviewed the law on the subject of
wills, and pointed out the duties of courts
and juries in deciding on their validity. He
said that neither was permitted 10 make
wills for deceased persons, but to cons.rue
them according 10 their obvious meaning,
and TO give force and effect 10 wills proper
ly made The question of sanity was one of
fact for the jury, which they must decide up
on the evidence presented to them, but they
must not take proofs Of the caprices or &c
centricites OF les a.ors, as evidence of their
want of capacity 10 make wills. II man
had a sound recollection of his property aud
! the objects of his care; if he had distinc.
! ideas of his moral obligations, and had nei-
ther forgotten the extent of his possessions,
nor The persons who were in nature and in
law entitled 10 his regard and consideration,
he should certainly be deemed fully compe-
tent TO make valid will, whatever peculiar.
tiles OF mind or infrmities of body he ght
have experienced or manifested. 1t was the
policy Of the law 10 give validity to wills in
al cases where undue influences had no
been exercised upon imbecile tesia!ors, or
frauds praclised upon them. Men were IN
duced 10 industry and frugalily by the assu-
RANGES given 10 them by the law: thar tho
disposition of their properly by will should
be respected and carried out, and evidence
OF clear, positive and unquestiohable cha
racter should always be insisted upon, be
fore court or jury should sci aside will
and make a disposition Of mans property
different from his own intentions aud convic-
tions OF proprey.
I The charge Of the judge was listened 10
with great attention by a crowded court, and
was considered as able as il was com mprehen-
sive and interesting. After an absence OF a
few minutes only, the jury rendered a YER
dict in favor Of the plaintiff, sustaining the
will.