The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1859-09-14
The McKenna Will Case.

place on Monday las, for the purpose Of
proving in solemn form the Will of Wm.
Mckenna, late Of this District. -"
The considerable number of spectators
in attendance, evinced the interest felt by
the community in the result of this suit.
The Ordinary openei the proceedings 6y
giving a succinct history Of the. case, as far
as it had progressed in his Court.
The Executors Of the Will were repre-
sented by Messrs. John ID. Wyiie and w.
! Nj. Counors, of the Lancaster Bar, Messrs.
II. N. Dawkins, of Union, E. Bellinger, OF
Columbia, nd J. b. kershaw, of Camden.
For the contestants appeared Afessrs. J.
Williams, w. A. Moore aud r. f. Allison,
of Lancaster, and Messrs. Geo w. Will
Ians, and J Bolton Smith, of York.
MIR. BelIinger, on the part cf the Execu.
tors, stated to the Court that some of the
subscribing witnesses TO the Will were not
in attendance, accounted for their absence,
and submitted the following proposition -
That ne trial progress by ;he exami nation
of the one witness in attendance and of an.
other expected in the evening of The same
day, the opposite party then to introduce
their testimony If they saw proper !; after
| which. the Court IN st, nd adjourned until
the testimony of those Of the subscribing
Witnesses who we've net present, and WHO
in all probability could not attend upon any
subsequent occasion, could be procured
through commission. There were five
witnesses to the two inslrumcnts--the Win
and Codicil-(one bei"g a witness to 6oth)
to be accounted for. One was present !;
one was expected in the evening one was
aged ana iutirm and could rot attend one
was II transient person and probably Out of
the State, and one was dead.
| The proposition Of the counsel for the
Executors, stated above, was str.n.ou.ly
objected TO by the opposite party /; ana then
| the former moved for IA continuance of the
Cause on the ground, that the absent wiz
nesses were material and important, and
could moi be here, ordinary diligence wing
Iaile 10 produce them. Some di>puIalion
here arose US 10 the lime, 10 which The vuu-
tinuance should be made, bat the Uruinary =,
after duly considering The preferences OF
each of the parties, decided that the trial
be postponed TO the 27u, inst.
Thi> point being disposed vf, the counsel
for the Viii formally Submitted molon
la The Court, for Comnrs sion 10 .xuu,iuu
any of the subscribing witnesses 10 the
Will, who may be out of the District, one
hundred miles from the Court House, or
absent from the State the Ordinary ~ at
tacn the original VIII to sard commission
TO be I'd, nnted by the sud Witnesses.
| a spirited argument here arose between
the counsel OF either side IN relation to tn.
Spower Of the Ordinary under the Act of S39,
10 exanipe sub, cribing witnesses to IA VIII
| by copmission. The contestants took tn.
ground that Witnesses to Will could only
be examined before The Ordinary !" and ihr-
ther, that the will being arecord Of the ofh,e.
! the Ordinary had NJ power 10 suffer the same
t""lenre hscuotDdy. the counsel for the
| WIN submitted. lha, ulItcG the Act Of 1889
the OrdIpary had the same power to take
the TESTIMONY OF subscribing witnesses to II
| VIII by commission that he had ~ exam IN.
by commission III other cases. That the tes-
timony taken by commissioners, the latter
acting as the agents OF the Obituary, WAS in
fac an examination Sbsfpre tho On d,nary''
in tho contemplation Of the Act And that
the VIII, thongh attached To the commits.
sion, which is sealed by the Ordinary and
entrusted to his agents, was still, in effect,
in The custody of the Ordinary.
After hearing the argument upon both
sides, the Ordinary sgnlticd that he desired
lime 10 make up his opinion upo2 the mo-
ton, and the Court adjourned.
| We will here state that the same motion
was made before the Ordinary By the coun-
sci for the VIII, several weeks ago the
latter looking to the very contingency that
ha' h"ppcnedQhe possibility that aomo of t! @
Witnesses might Le unable 10 attend) and
| des!sSus Of mai ing al necessary prepara.
! ton for the trial OF the caase on the ap-
| pointed day. The Commission MAS then
refused by The Ordinary, and some Of the
Witnesses rot having Obeyed his summons,
continuance of the cause was re ndered
necessar A rule has been issued against
the defaultng witnesses, requiring them TO
show cause before the Court of Ordinary
on the 9th INST, why they should not be
at'ached fOr,a contempt for not obeying the
process Of the Court. go '' '' -.
by agreement between the parties,the les.
timony 0f the two subscribing whine sscs TO
the will who were present, was taken be.
fore the Ordinary this [l'avsday) morning
| The examination lasted about 4 hours We
have no roonrin this issue Tor furthur par
licuIars.
THE CHARLEsToH CoURIER.-Ths stei.
/ Ing JOurnn AnnOnnceS that nrennrnIinn.