The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-11-09

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taxes mere tul one-half of Daniel Steen-
roo estate-and do not know but I
Woulu pc justified on the testimony in
saying she takes two-thirls of ito
tne the exclusion of four of his orphan
act Of her husband, Wholly unsx pIafns otafSs
ed. admit, gentlemen, IL thfs old
man had gone to Mr.. Jacob Without the
direction of George Thomson al nil
and had himself given instructions 10
Mr., Jacob with his own mouth, ST de-
sire you to write my win, disposing OF
how awkwardly he might have stated
it-that don't alter the case at all, if he
had stated It fntelligently-the burden
OF proof would have been on us. to show
he did not understand it; because You
would have the direct evidence that he
gave the Instructions for the making OF
the VIII. But there Is not syllable OF
proof before the jury he ever gave any
such instructions. On the contrary, il
is in evidence George Thompson writes
out the notes for both papers in 1852
and in 1852; aud it is in evidence iu 1862
he took that old man in his carriage to
the city of Wheeling to make his will;
that they were not gone long enough to
write wlll; that they returned soon;
that he made another visit to the city
(Which accords exactly with tho testf-
mOny of MIR. Jacob) In order to con-
clude the paper. What good does it do
that Mr.. jacob testified he read this pa
per oyer to this old man? i venture to
say there was not a man in this court
room, outside of the jury box, the try
ers of the case, the learned Judge and
members OF the bar, giving special at
tentton to 1t, among the Intelligent
spectators In this rOom-not q single
man-that compTehended or nearly
comprehended the effect and provisions
OF that Will when it was read. Not
one. It was utterly impossible in the
nature of the case. / am supposing
they have the ordinary means OF know
ing about the whole transactions but
they must first be able To summon up
at once all the members of his house
and know the fact there were four ex-
cluded altogether, and there was "a trust
estate attempted to be set aside by an
Expression In tho body of the will.
They must know ali that. Dan
iel Steenrod never know IL. An
honest man would not have
done it If he had known it,
And now the burden is on them and now
let them explain. And on this subject
read little authority. =.-a.,..'
MR.. KFNNoN Observation-Disclosures there
any authorities there very much in
point2
Mr.: They arc very much
IN point, They arc not to be Whistled
down the wind.
Mr., KElNNoN- There is a heap of books
here. ,g
Mr.. BINGHA8I-Well the most oftheln
were brought here by yourself. Ihaye
been making some use of them.
1 read from Redfe1d page l2S.
"'".l" I" There are however. no doubt.
caSea where there had existed no general
eYiuence OF the tncapaCity of q iteStafoF suE-
nclent 70 put him under guardianship, indie
Lheless, such shreCis OF evidence as did exist,
in connection with a Will, characterized nv
portant provisions, both froin reason ana
duty Ms well as from former declared puF-
oSes an Spd intentho1s OF the party that Jury
capacity in the testntor. and have dIsalloyPel
the Will on that ground. And courts, under
soch circumstances, have refused to interfore.
That is exactly and precisely this
very case. 1imay Rs well explain here.
gentlemen, that to put a party under a
commission oflunRcy it Is only neCes-
sRry TO show--and this authority and
every other have ever seen on the
subject so states it-thaL he is in such
an inhrm condition he is not able To
transact fully and entirely and safely
business concerning his own property.
~ Is done for the purpose of protecting
him, 1t is not necessary thRt,he should
be insane, ,lunaticOr incapableo ofnaaking
a bargain with a fair honest man. Itis
only necessary he should possess such
an estate as that by reason of his in
hrnittes of age and disease he is not
capable of transacting business himself.
Ihls OLD gentleman contesses, as it has
been proved by more than one Witness
that he was not capable OF transactine
his business, but relied on Lewis and
Mr.. Thompson to transact it for him.
He was not able tolmOke up a state
ment OF his income, and Mr.. Pratt the
assessor had to do it for him
and .;lhs made the statement to
not able to attend to business.
Gentlemen have brought witnesses here
who have testified that they were satis-
fed of Daniel Steenrod's mental cnpaci-
ty.rr neither doubt their intelliGence
nor their integrity, but / want you TO
show what Daniel Steenrood did which
showed his capacity to make his last
Will and testament in the Light of the
authorities have read, on the nd
day of November, 1862, or any subse-
quent day. There is not one transac-
ton from that day until he dropped
cold in death that indicates nny such
Do gentlemen say he made
sale of one hundred acres of land to
Miss Fitzgerald7 To be sure; / hayo
said and shown upon these highest an-
thorttteS that q capacity for general and
ordinary business is not n ta8tamentaFV1l
capacity at all. To be able to compre-
hend a single transaction does not ar
que by any means the party TO il Is able
70 comprehend all his family relations
70 summon, in'the language of the law,
all his property to mind and form n Just
estimate of Its value and extent or know
the effect of the instrument he In siryrl-
ing for tho disposition oft. Why. these
say the ability to answer
questions, and answer them rationaIly.
ana tntelltRlbly, is not an Indication nj
all satisfactory TO the mind of court or
IuEy of teStamentary capacity What
lid he do7 He was asked XvhRt he Ie-
lutred for the land3 He said S4OO per
acre They would not give It to him, |
We'll. then he would take $500 Thew
Nonld give hmm that and notes are made |
out! Where Isl the evidence in that
that he had the capacity |
Wnen tnoSe notes were drawn up. to |
understand and know exactly their eff. 1
lecti 70 know what he did was accord
ing TO tho intention and purpose of thsj
contract; TO know when the deed was
! 1raWn that It agreed in all respects with
.he survey made by his own neighbor.
Mr.. GilchriBt, or was able TO follow the
ines as they were recited in the body of
ne deed. Why, gentlemen, j do not
believe there Is one of You could SUD-
pose he was capable of understanding
{ at all. Who did IL for him? II is not
n evidence he did II. 1t Is simplv in
evidence deed was drawn mp. That
ioes not prove testamentRry Capacity
lutte, especially in view of all that has
AIKEN place here. And when this Da-
leE on It's tace contains a written COM
esston that he did not know the siUni.
1c1lttou OF the instrument at ali thai h Il
his own children to niaIrbnnTfJ
lain deeds and release all hia oSEn
andsg there ts an. honest confession ofl