Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-03-02


tainEy that many Of them viii ne7ec return
Yet their high keeping during their sojourn here
has given then back their vitality, and ike
the stalled OK they go forth gameiully TO the
slaughter
AN SrrsREsrENG PROBATE CASE.
The BfH Of ias Late Rebel Colonel .E0kn 4.
WasttagssA, Descendant Of George Washing
ton. ddmiisd % Probate ia Chieag0- Tic
Limit aud Effect Of CoafseatioH.
From tho ohiesso Times, ,.laFy 27.l
Ia the county court Of Cook cousty, yester-
day. George r III. Hughes acting under
power Of attorney from Richard 3 Washington,
presented Tie petition Of that gentleman that
the viii ol Col JohnA Washington be admit
ted to probate here. The application has ex-
cited considerable comment.
Col Washington was descendest OF Gen.
Washing Oh, and was the person who sod the
Mt YernCn estate TO the association OF ladies'
which raised money for its purchase. At TIE
beginning IF the rebellion he espoused the
cause of tba Confederacy, receiving colonefs
commission participating in several engage
meufs Unit ae was killed near Cheat mountain
In Western Virginia, in September. 1851 while
heading q r. sonnoiterihg psTsy. He owned resi
estate ia c & county 70 The value OF $4,000
We ppsnd - sIsEset from the petition
To the County Court Of Cook County
aThe petition of Richard B. Washington
respectfully showeth;
.' That John A. Washington, recently de-
ceased, in the State of Virginia, to-wit, in The
moath Of August, A. D., 1861, and left Us, his
! heirs, seven children named as follows: Louisa
\ F.. aged 1S; jana Charlotte, aged i6; Ehza : J,
aged Is; Anna NJ, aged IL; Lawrence w,
aged 9; Ellen S, eyed 6 years. and George
assG s,ar 80 r,h,, vVazb;n~to1 Owned At
the tins of his said disceese the following zeal
estate in the State Of Illinois, to-wit all Ina.
piece of land described as commencing at point
! 10 and 1-l00 chains east from tina southwest
corner of southwest qusrer of section II town
| 80. north of range I3 east of third principal
meridian running thence north 70 chains 20
the middle OF the laid out road, thence south TO
the south line of said quarter section, thsnee,
west and 2-l00 chains, thence essteTly and
alony the center of said road and 2-100 chains
to the plsce of beginning, containing 3 and
$500 acres, and worth about $500
also. the undivided one halt of section u,
town 80, range 13 east of third principal meTi-
dian. encountered for S4500 and worth $l3,-
| 500. inclusive of ineumbranee.
'.Also, lots 81 and 80 Assessors plat OF part
Of northwest quarter of section 81, town 81
north range IA, east Of third principal meridian,
contrasting 7l5 acres, and worth sbou $40 OOV.r
Accompanying the petition was a certified
copy of the will of Col. Washington, as follows;
| "In the name of God Amen I, John a.
Washington. of sWavelsnd, in Fsuquier coun-
ty. Virginia do make and ordsin this to be my
Hast will and testament hereby revoking every
other will and testament by ms heretofore
made;
al declare thst my executors hereafter to
be named will pay all of my just and laWfai
debts as soon after my death as prsctic2oie
-. I give and beqaesth to my son, Lawrence
Washington, all Of the books, manuscripts, pa
pers. engravings, pictures, msdals and arms OF
| which ] may die posse ssd; also, my Watch
chain and seal Should my sou Lawrence de
before attaining the age of twenty-one years
I then give and beauea.h the above property 10
nv son George Washington, and should neither
of them srrive at the age of tweoty-one years, ]
then give and bequeath the above properly q
the eldest Of 1zy daughters who may De hvlae
at the time of the death Of the last surviving
my sons.
possessed, other than that just mentioned, to pc
equally divided among my children az they re
spectivsly become twenty-one years OLD, sne
until then to be maintained and educated out o
the proceeds arising from it.
"a | constitute and appoint my brother
Richard Washington, aud my friends W l!iaT
Fontsine, Alexander sad Edward Z Turner
, executors of this my last will aud testament, ant
bersbv enpower them, or the survivors or sur
! vivor Of tbem, to sell any property OF which
NAV die possessed, and which IS beyond tn
limits of Virginia, in such manner and on suel
, terms and for such price as to them or him MAJ
. seem best for the interests Of my children, an
! 70 reinyest ths proceeds arising from such sal
10 such other property IS they may think 6es
for my children, aud hereby request the eour
before which they may qualify not to requir
from them any security on their executors
bond
@Witness my hand sad. seal this 9th day
August, 1861, at Huntersville, Pocahontas eou1
ty, Virginia.
aJoHx a. WAsHNGToS." CsEAL.l
The bill was very properly admitted to pr
a hate. and Alexander Fontsine and Edwsrd
= Turner having declined acting in contormii
with the wish of Colonel Washington, Riehar
B Washington was qualified as sole execute
and gave bonds in the sum Of ten thous md do
lars for the faithful performance OF the trua
!, George r Fl. Hughes, who managed the pro
q eszg in Colonel Washington's lifetime, has
/ power of attorney from his executor, snd WI
9 Immediately proceed to pay off the liabilities
q his estate here, and place the property IN su'
II shape as to secure It TO the heirs.
n Richard Washington is resident OF la
u fsrson county, Virginia, now within the tsder
n lines and has not taken up arms 1t any time
re the Confederaey The heirs it Will be seen, 6
d all minors, and are also residents OF Jeiters'
y county.
bv Colonel Washington while on a visit to th
CITY in 1859 as an investment, and these p'
ofI easd;ngs were instituted with q view Of payiI
"a some five thousand dollars or more still duo Z
: uarties from whom it was purchased, and 81
: soros individual liabilities OF che deceased e.
- also for meeting accruing interest AMI taxes
= This is the first case before our courts inyol
Il ing in this form the rights OF property as sue'
at ed By the rebellion, and it IS not altogein
\ irnprobable that it viii provoke a warm diseu
IA sion on the merits of conhscstion in gener
and how far it can be exercised by he govel
ment. There is one clause in the constitute
which viii enter largely into this discussion;
,et No attainder of treason shall work eorru
of ton of blood or forfeiture except during the
ce os the person stteinted. ."-ATtlcte B. secilen s
sir 1t is eontended by many that though uad
p existing laws the property OF Col w asma5 20
were he dive to-day, would be praeilcsiy g.
fscated as far as any benefits accruing 70 ni
=, self are concerned, yet were he to die tomor
i, this clause of the constitution would restore
- - property to his heirs Il o.heT words, that g
- iscation, as allowed by the constitution, O.
n, enables the government 10 hold property
~ trtas. for the heirs Of the person for whose "a
T. it was declared forfeit, and that the death
.ba such person calls upon the government to s
~ render and account for the trust. The disc
~ sion of the many questions which viii arise
ia this case will be one Of deep interest.
- It is proper to mention before closing that
Nc the Cling Of the above mentioned paper thepTa
81. of the petitioner was readily granted, ard Il
mn doing Judge Bsadwell clearly followed the
on OF tnis state feiatlse y iOle'sn =
PEACE SExTIMENT ANEoUEcED. - In
article criticising the temper Of General i
ali crsnz's letter to tbs Ohio Legislature, and re
ith, ing to the Gazstie. the Cincinnati Eaqlir'
to hold in announcing its opinion as VIA. it
The lisves the sentiment Of the people Of Ohio {
Xix, r said in his letter that he who is n fave
adj, peace on any terms is fit only to be 9 slave,