Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-07-09
from the Wheeling IntelIigencer, edited by Ar
chile CamPbell1
The Great Will Case Of Alexander
Campbell's Heirs.

This case is a matter of unusual interest to
a large number of people here and elsewhere
besides those directly concerned in the issue
of the trial. The will involves the dispCsi-
tion of property variOusly estimated to be
worth from S2O0,OO0 to S225,UOJ. Those
cOntesting the paper are the grandchildren
of Mr.. Campbell by his first wife, whose
maiden name was Margaret Brown, aud who
was the daugter of n respectable farmer OF
Brooke county, named John Brown. Mr..
Campbell, ut his marriage with her, in 1911,
received the farm on which he resided during
the whole of his after life, and it is in part
on account of this marriage portion brought
to him by his first wife that her descendants
claim to inherit equally under his will.
1t will be IN evidence. however, that Mr..
Campbell, previous tn the death OF his father.
in law, John Brown, received from him a
quit claim paper setting forth that in his es>
tImatiOn the property was worth at that date
so much mOney-suy $4,000, and that in
his judgment u pay memt OF that sum to the
heirs Of his daughter would lie full ransom
OF all values acquired by Mr.. G. through
marriage. The defendants of the will, who
are the children Of the second wife, claim that
their father discharged this estimate Of MIR.
Brown not only to the full, but that III nddi-
ton he exceeded it in bestOwnenrs made to
his first set of children during their lives, and
to Me1 children afterwards. saying nothing
whatever as to the legaces left the latter un-
der the will, which were from two to three
thousand dollars each.
This is point No in the case We have
only given its bare outlines, aud have not at
tempted the details.
The second point raised by the contestants
is that, outside of any considerations in re-
gard to the original Brown property, they
have natural Claims to inherit from the whole
of their grandiather's estate, and that he
would have regarded and recognized these
claims but for undue influences exerted upon
him by parties in adverse iuteres: at the date
OF his will. They, claim that separated as
they were from his presence for so many years
especially in the last and falling years of his
life, when his mind and memory were i'm
paired, aud surrounded as he constantly and
intimately was by the defendants, Il prejudice
was accomplished against their claims and in
tcrcsts, aud that therefore the bulk of his
property was unjustly bestowed upon the de-
PENDANTS, the heirs of the second wife.
\ great amount of evidence will be offered
by both sides to show the condition Of MIR.
CampbeI's mind at the date of the will in
1862, and at the later date of the council in
1861. 1t is said that in all nearly or quite
fifty witnesses have been summoned and that
in addition to this mass of oral evidence, nu.
merOus and vOuminous depostions from par
ties at a distance will be read. The great eff.
fort on the part Of the contestants will of
course be to show that Mr.. Campbell's men
tai condition was such in the last years of his
life as to make him readily susceptible to the
influence of those Immediately about him.
m in .ifb 81, i
OF different witnesses that influence was man
itestly exerted. Evidence of this kind will
be set up not only in regard to business but
to political matters. There will be in addi-
tlon to this general evidence u great deal of
special testimony n reference to specific and
isolated acts and transactions, showing on the
one hand that he did transact business for
himself uninfuenced by other parties, and
on the other hand aud on other occasions that
he did not
A point of special interest in the case will
be the cOdicil, which was appended two years
after the WILL and just about two years pre-
vious to Mr.. Campbell's death In the cod-
ell, one OF the executors was changed In
place OF the one originally named. who was
the general agent OF Mr. Campbell in his
book and publishing business and in the man.
ngement of that part Of his estate a son-in-
law, VINO hau become such after the writing
of the WILL was substituted. And also it was
specified in the cndicil that all the residuum
of the estate after payment Of the different
bequests should 20 to the defendants AS
we understand the case, the Contestants base
their main h"Pes against the will upon the
vuInerability of the cndicil.
The parties to the suit on the side Of the
contestants are the wives of J. H. Pend!eron
of Wellsburg, and John Bush of Texas, two
children Of Professor W. X. Pcndleton of
Bethany, and two children of Robert Y.
Henly, living in Eastern Virginia TBorh
these Pendletons are from Louisa county. Va
The defendants are the wife of Mr. Camp.
bell, his two sOns-Alexander and William
and his two daughters-Mrs Virginia
Thompson of Kentucky, and Mrs. Decima
Barclay of Alabama.
The counsel on behalf of the contestants
are the Hon. Benjamin Stanton, Daniel
Lamb, and James S. Wheat of Wheeling.
and G.. w. Caldwell Esq, of Wellsburg.-
The counsel for the defendants are Judge
Black of Pennsylvania. General Garfield of
Ohio, and Nathaniel Richardson, ESQ, of
Wheeling.
MAXIMILIAN.-The news seems to be
tolerably reliable that Mnximilian was shot on
the l9th nit. While all humane persons will