The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1859-10-05

/ ment was that he witnessed. 1t ives exc
cuted in the day time-thnks between and
| IL o'clock, when few persons were about the
Hotel. McKenna had been staying perhaps
two or three weeks at the Hotel, and dur
ing this time witness saw and conversed
with him frequently Mckenna was per-
fectly rational-seemed to be n man firm
and decided in his notions aud of more than
ordinary intelligence. Did not speak much
of his private affairs, but witness CLEANED
from him that he had accumulated con-
siderable property. Witness had never seen
McKcnna before this acquaintance. McKen-
na seemed to be man between so and 10
years Of age, and would weigh perhaps $50
pounds. Was plain in his dress could not
tell the color of his eyes, or his HAIR, or the
size of his nose, or whether he wore spccta-
cles. Saw no person attempt to exercise
any control over him, either in the execution
of the Codicil or at any other time.
The next witness called was Mr.. John
Adams, n merchant at Lancasterville. Wit
ness had known McKenna for fifty years
previous to his death. During that time,
t.lho, ...;.. '....,
=. WV"
him-a Mt one time clerked for him. Witness
was familiar with McKcnna's signature and
recognized that to the Will to be his. Also
recognized the signature to the Codicii as
M,Ko,,, ,L,el, Ia. ,;e,. g., a.
way he usually signed his name. He usus
''' "'o,e MS h'ule' WIN. heNehha ana
lhat 10 the Codicii is wv. Nckenna.' The
"W.' witness thinks is made n little differ.
ent from the yvov McKenn, oep.rol,v nodo
,h., I,,,o~ N.E 90 O, --
,,, was % VI of y.'s
old when he died. Had always recognized
WITS ANN" 'i''aS us Ms Canghter' (iere
the counsel for the Will intcrpOsed and sta
ted that no question q would be made upon
,ho lo,;,;,,'. rM
r,, Cr., ,.,;,..,,,
y '''''u '''''' H"o "'S '"c oH'y
leEltiniate daughter OF Mchenna)
The counsel for the Will hero closed.
when the cont, stonts filed with ,ho Or,;,,
-. u,o c,I,,.;
> "' ''''''o"' "',u "''es"'io"S
against the paper proPounded ms the last
Will and Testament and Cudcil Of WIN.
McKenna
l., R.c,,s, ,Lo s,iJ VIII I r,::,
| was not executed ACCORDING TO the re,uistes
of the Statutes.
I'd Because the Testator had not sound
an" n''pos'ng hiho' memory ana under
W;;Ii "n, C,,d;,;I u" '>''"''u ''e s'''
"a poo,,o o., .r.,. -.,n
ing under nm insan. delusion in son, ,,,h,.r
particulars. especially on Religious subjects.
h"1 ah insane aversion TO his only daughter
hy ,h,t ;Iin"ion 90 , I;. "n c "c'ua'eu ~; ao'e.y
| in the manner " hich he did nv his soid viii
and Codicl!-and it should therefore be set
"S'"c'
t'h' because the said VIII and Codicil
20 NOV s"",o,''.,' WIN ',e 's'"'"r hnt"ra'
s., ,.;1. Wv
5th. Because the law presnmes aguinS,
assent "t the Ies'aior to the said Will aud
~. nn,naLI "po" Us ,s's '"c', o'' account OF
and it should be s.t nsid,.
9th. Because the Tes,a,or had not suf,i.
I,'nt !n"n'"' capacity TO make Will and
III n. no' W. "s' anu ,t,e,, u,s""se'
was obtained nv rr,ud i,nnn.i,;"n n,;-r,'
rcsentation and undue influence.
| After which the contestants proceeded To
examine one winess-Andrcw Country.
man Witness is about 80 years old. Had
known McKenna for many Years thinks
the latter WAS ten or fifteen Years Older than
himself McKcnna came to lancaster n
bout the year 1903.
| The case Was then submitted far ,Lo 40
cisi"n of the Ordin Try, without argument,
when the Court adjourned. Should the
,rnooI ..;l, - ao "' ""
,t.,, .""s" ''e'ci'on'
"""''' way no 9'v''os'' '''c case VIII oe
d"tN''e" 'ot the ran i"rm OF oar Court,
"h'h slts the mira Monday In the present
month