The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1859-09-21

is dead-witness saw him laid out Rec
ognizes his (Tyrrell's) signature-saw him
make it. Witness had known McKcnna al
most from childhood; the latter was al
ways silent man, but man of strong
mind. Saw nothing peculiar about him on
the day of the execution of the Will. The
Will when executed, was left with Nor
throp.
Mr. Alemong was also subscribing wit
ness to the Codicil, which was executed IN
1855. Witness states that in that year Nc
Kenna came down to Charleston, and un-
der his instructions witness drew the Codi-
Gil Northrop was perhaps absent. Wit
ness Mt the instance of McKenna took the
Will from the iron safe in the Office where
it had been deposited, and the latter pointed
out TO him the clauses which he wished
revoked. These clauses were in favor Of
the children of J. f. G. NIittag. McKenna
stated TO witness that he had desired to
provide for the education of said children,
but now having already so provided, he de-
sired the clauses in their favor revoked
Witness promised to take the Codicil, when
prepared, to the Planters Hotel, where Me-
Kenna was staying. He did so, and found
Mckenna in the public sitting room on the
first floor of the Hotel, conversing with p.
&. Grimball. As witness approached, Grim
bail Withdrew, and he then read the Codcl
to McKenna. The latter said it was what
he wanted, and directed witnesses to be
called-sad that he wished Grimball to be
called for one, he having known Grimball in
the Legislature. Witness then called Grim
ball and WIN. ID. Ellis, who went with him
to the room where McKenna was Witness
then read the a,tcstGtion clause in presence
of McKenHa and the other two pcrsobs-
Mckenna signed and sealed the Codicil in
presence of all tho witnesses and the latter
then subscribed their names in his presence:
first Grimball, next Ellis and lastly Ale
mong. Witness says that McKrnna, at the
time Of the execution was perfectly in his
senses, but seemed feebler, bodily, than
when the Will was executed. He WAS ac-
companied in his visits TO the Office of Nor
throp g. Allemong, on both occasions, by
no one cxcep; his negro servant. Witness
is II Roman Catholic.
Joseph Daw son, on being sworn rccog-
nized his signature TO the paper b, fore him.
| He occupied rooms below the Office of Nor
throp g. Allemong, and they had called up
on him frequently to witness papers. Upon
the occasion in question he was asked up
| by Mr.. Alemong to witness n will He,
Tyrrell and Allemong went up together
! They found in the office, Mr. Northr0p and
an old gentleman who answered to the name
| of MsKcnna The latter was sitting in an
arm chair near an oblong table. Thinks he
was introduced to him, but is no, sure
was SO impressed because il was usual for
Messrs Northrop g. Allemong TO introduce
him to the parties when they called upon
aim to attest papers. Does not remember
to have seen Mckenna sign the paper, or OF
hearing him acknowlede the name upon il
to be his signature but is certain that his
name would not have been placed to the
| paper ns n witness, had it not been either
! signed or acknowledged in his presence
He had acted in this capacity before and
knew how the paper should be executed. -
! There was name TO the paper when he
signed it,and he has no doubt 1t was the same
that now appears on it. He had never seen
| Mckennas signature before. Mr.. Northrop
asked him, in .hc presence of McKenna, to
withess the Will. He sat down near the
latter when he did SO. The other witnesses
signed IN regular order. He recognized the
signature of Tyucll below his own, and re
members 10 have seen him make it, lie
had never seen McKenna before, nor has
he seen him since to his knowledge. Could
form no opinion as to his capacity-had no
conversation with him. Witness is n
member of the Protestant Episcopal
| Church.
The motion before the Ordinary, submit
ted by the Counsel for the Will, which we
noticed last week, being for u commission
to examine such of the subscribing witness
es to the Will who may be beyond the lin
its Of the District, one hundred miles from
tn Court House or who may be too iniirm TO
attend Personaliy,has been decided adversely
to the partT making it .tipon the grounds
that ths Aetpof 1889 ,eenserning the office
and duties of Ordinaryo6ises the latter NO,
power TO grant such commission aila
that the VIII, having been admitted tspfo4'
bate IN common form, was thereby consti.
tuted record of the Office, and as such,
the Ordinary bad no power to suffer it to
leave his custody.
Whereupon the counsel for the will ap.
piled before his Honor Judge Withers at
Chambers, for a writ Of mandamus to CON.
pei the Ordinary to issue the commission
as moved for. The application was presen-
ted on Saturday last, by Mr.. Kershaw for
the motion aud Dir. j. Williams contra
The motion war refused, his Honor SEEM
ing to signify that the proper remedy was
by an appeal to the Court of Common
! Pleas
| -