The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-10-29
LAW REPORT.
SUPERIOR COURT.

LAST WILL AND Trust DEED By CART. j. B.
SUhMoNs.-Wm. McCammOn and j. Fl. Barker Ex-
ecut0rs, vs. Prudence Summons and others. A pro-
cseding before Judge StOrer to have trust declared
and 70 obtain the construction OF the Court as to its
Itappeared from the statement OF 90 Key (eoun-
sci Tor Mrs. summons, now Mrs. BartliD that her
VIII and Testament, of which the plaintiffs were
Executors, and which disposed of, his real estate
and also, that on hsday of his death another insru
ment WAS executed, purportng to be deed Of trust
with statement OF uses, the benefciaries being the
grand children ofthe party executing it.
No question wss raised In this proceeding as to
whether the will was valid or not but the widow al
leges that she not elect to take under it, aud In
case was bound to take under its provisions, whether
valid or invalid US to others.
LAS the deed of trust it Is avsrred In her answer
that Capt. summons at the time 1t was executed,
Was not of sufficient capacity to make disposition
of his personal estate and therefore, that II IL not
valid in law, but wholly void. in the next place the
respondent says that being the wife of j. b. b. she
was entitled by law to onethrd OF his personal prop
erty-that even If com petent in mind to have made
will he could not have deprived her Of this right
documentw was intended to have the force of swill,
and executed to avoid the law and to deprive
her of her riahts and was therefore, to her. void
for one-third part of the property.
John Ellis examined. Was at the Spencer. House
when Capt. Summons died there His wife, (the
niece Of Capt. 81 Mrs. N. johnson, W. b. summons
and wife, and some others were In the of Capt.
y. They were requested to go into another apart
and in about fifteen or twenty minutes after they
returned Captain Summons died. His bodily con-
dition was one OF pain and suffering, and wit.
ness thought he was dying when they left the
room. Several times, for day two before he OK
pressed to witness that he never would get we'll His
mind had been wandering for several days. On the
night before he died he was deerous and thought he
was in Louisville.
Mrs. N. johnson (neice of Captain S. examined
On the Friday before his death the mind Of deceased
was not composed he spoke Of his business being no
unsettled; he appeared better on Saturday morning,
and remarked himself that he did think 1t real
or natural afterward he got worse, and when he
spoke witness could not understand him, he her
except at intervals; on Sunday morning he was q
good deal worse; he said nothing then about his
property his condition at the time they left the
was very bad; did not think that on that morning
he could give statement Of his wishes to the dis
position Of his estate.
This closed the evidence for respondent.
William McCammon examined by Mr. Mills for
petitioners-Was acquainted with Captain =. since
1876, and was one of his most intimate friends.
About eight days before his death, and when appa-
rently in good health, had conversation with Gap
latter he said that his family did not do as they
ought to have dOne--that he had trouble enough to
kill four meu-ttat his wife would have any how by
law one-third Of his estate producing her an income
of 5000 or $500 per annum and that he wished to leave
his personal effects to his grandchildren, born and to
be born, and requested witness to act as his admins
traitor and trustee; at his request witness called
that time that he without wife or child to smooth
his dying pillow; witness thought he would be In a
better condition on :he next day to attend to the
business in question, and returned on the following
morning.
Further hearing Of the evidence postponed.