The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1857-04-16
Reported for the Abbeville Banner.
THE TUCKER WILL CASE.


was to test the Will of one Mr. Tuckcr,-a
bncheor-who had devised all his estate to Mr.
w. w. Bclcher, of Abbcvc District-n sran.
gcr-thercby depriving his relations (who coll
sisted of one brother, sister, ncphews nieces, &c.)
of the enjoyment of his property.
On the cvldenco it appeared that old Mr.. !
Tucker, like great many other people in the !
world. was mon nomnniac-bclievcd in witch |
craft; and was totally, SO far social religious
or political intercourse concerned, separated
from the world. He old, diseased in body.
but generally believed, by those who had bust
ness transactions with him, of good mind, able
| TO transact his business, and for one Of his age
and nfrmities, man of remarkably retcntive
memory. lie seldom converscd upon any sub
ject, but would turn the conversation TO his ia
voritc theme of witchcrart thought he had red.
headed scorpions running up his leg and had
taken bugs out of his cara bottle full. On
every other subject he sensible could
be expected from one III his circumstances and
condition. Several had business transactions
with hun. and he always exhibited knowledge
of what he was doing. One of the witnesses
howcvcr-a Magstratc-thought he did not
know his legal rights in case in which he
Cruckcr) called before him, and that he
predicatcd his incomvetcncy upon that fact
Another Magistrate. that he spoke upon
.oitics, and could not reason from cause TO ei-
feet
This was about the substance nf the testimony
for andn against the competency of d-visor Tucker
1t in evidence that old Mr.. Tucker lived
in constant communion with white person.
his negroes and farm seemed to be his world,
and far the comforts of life were concerned
his negroes were better Off than himself One
of them accompanied him wherever he went
and transacted all his business in the way of
trading at the different stores in the village
Several witnesses testified that the ,cstator had
always said that he did not intend his relations
, to enjoy any of his property.
negro, George, seemed to be the chief of
his servants and acted rs his masters body SER
: want. The master seemed to be directed by the
e opinions Of George upon most subjects. George
finally hough, himself for One Thusand Dollars
y and admitted by the Plaintiff, is in
y the State of Pennsylvania. He was present
I, with his master when the bill of sale was exc
l. cutcd. George paid Nine Hundred Dailars at
a that time, and Mr. Tucker said that hc had paid
\ him One Hundred Dollars before. George sni,l
c that he had borrowed Two Hundred Dollars
d. from Mr.. Bclchcr, and Mr., Tucker handed him
ID that amount back.
g George WAS also present when certain instru
IL mcnt of writing-being Deed of Trust Of hi:
ot tTuckcrs) negrors-was given to Mr.. Bclchcr
ld in comtravcnlion Of The Act Of lS4I, agams
Oh emancipation or nominal servitulc. The Mag
's, Istra,r told him Cruckcrl 1t would he lcg,
instrument, but George insisted that it shoul
be written, and paid the Magistrate sl.5o ia
the service. George said that lie was free an
wanted his brother and sister servants to- b. Il
49, free us himself.
- On another occasion one of III old mans n
- grors (Bird) became unruiy, and Fucker rcqur
sd ted Mr.. McKclvy to send for Bird, and tal
him to his place. and keep him ut work until |
,so got more tractble, adding that Bird msl
;al not be disposed to go, lie (McKelvy) had bctt
M bring two persons with him. NlcKelvy and tw
H., others went for Bird the next morning, who T.
-. fused to 20. Bird went to the old man, wi
,, finally concluded that Bird might not CO. B.
Il; George said that Bird should 20, for they a
M had to work, and Bird mu work too tn
-, somebody must be master, and he (Georg
-, might we'll be master rs any one and BIZ
was sent
wn This subs, nntially the evidence for al
he against the exercise Of undue influence, III
,en also for and against the violation Of the Act
cir lS4l, under each Of which, If sustained, Il
Will was. void
Mr. Thomson, of Abbevil!c, opened the ca
for the Will. and briefly but pointcdly touche
ON upon the prominent points involved in the ems
he He argued that the out Of the Statul
to because the Will was not bequcs, OF negro"s
ser the negroes had been conveyed by Decd to NJ
urc BeIchcr, and not mentioned in the Will til
ave in regard to competency proof had BET
ing brought forward-the Defendants relied up
and the peculiar dosyncracies OF the testator in
gard to witchcraft and other delusions; that
'ess this was proof Of incompetcncy. then tire grca
say est muster OF English Literature-Johnson
ect- could not make WILL for he believed in gho.
leir and witches, and would occasionally when II
the der the influence of such delusion, fall upon
,ers knees and say the Lords Prayer; he saw
be. proof Of I'M iue inaucnce-no such influence
lem would amount to the substitution of the Will
one for the Will Of another, and felt sure ii
the Jury would not disfranchise u citizen
taking away the right to make what legal
de- position he pleased with the property accuml
the ted by the work of his hands and the sweat
lent his brow.
ows Mr. Simpson followed, against the Will, a
in an elaborate argument, made very &c
ave case out of what conceived to be a v,
Ifler wcoL one.
'een
IS of DR. Young followed upon the same side.
IL did not hear his remarks, but understand tha
with n,os f,,o oa:,r.
our
evi- Mr. Henderson followed in reply, and "
rom considerable ability and ingenuity, collected
lett testimony, and remarked upon It.
nr;n His Honor, Judge O'Neal, charged the j
the somewhat at length, upon the points Of L
nself and facts involved in the case staied to III
,ong that the cuse did not come within the Stat,
we're A..