Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1867-07-11
The Great Campbell Will Case.
OF this case the Wheel;no Tntoll;oenc.

CcreSt 10 a large number OF people here
and elsewhere besides those directly con-
eeyned in the issue Of the trial. The will
involves the disposition Of property vari-
ously estimated to be worth from $500, GEO
to 1925, 000 Those contesting the paper
are the grand children of Mr.. Campbell
| by his first wife, whose maiden name was
Margaret Brown, and who was the daugh-
ter Of a respectable farmer of Brooke coun-
ty named John Brown Mr. Campbell,
at his marriage with her, in 1911, receiv-
ed 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 descend
ants claim to inherit equally under his
will.
It will be in evidence, however, that
Mr. Campbell, previous to the death of his
father in-Ia law, John Brown, received from
him a quit claim paper setting forth that
in his estimation the property YVES worth
at that date so much money-say $50, 600,
and that in his Judgment the payment Of
that sum to the heirs Of his daughter would
be full ransom Of all values acquired by
Mr.. G. through marriage. The defend
ants Of the will, who are the children Of
the second wife, claim that their father
tlischarged this estimate Of Mr.. Brown not
only to the full, but that in addition he
exceeded it in bestoWments made to his
first set Of children during their lives, and
to their children afterwards, saying moth
ing whatever as to the legacies left the lat
ter under 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, and have
not attempted the details.
The second point raised by the contest
ants is that, outside Of any considerations
in regard TO the original Brown property,
they have natural claims to inherit from
the whole Of their grandfather's estate,
and that he would have regarded and re-
cognized these claims but for undue infa-
ence exerted upon him by parties in ad
verse interest at the date Of h;s will. They
claim that separated as they were from his
presence for so many years, especially In
the last and failing years Of his life, when
his mind and memory were impaired, and
surrounded as he constantly and intimately
was by the defendants, a prejudice was &C
complished against their claims and inter
ests, and that therefore the bulk Of his pro-
perty was unjustly bestowed upon the de-
PENDANTS, the heirs of the second wife.
A great amount Of evidence will be Of
fered by both sides to show the condition
of Mr.. Campbel's mind at the date Of the
will in 1862, and at the later date Of the
codicil in 1864. It is said that in all
nearly Or quite fifty witnesses have been
summoned, and that, in addition to this
mass Of oral evidence, numerous aid yolu-
minous dispositions from parties at a dis
lance will be read. The great effort on
the part Of the contestants will of course
be to show that Mr. CampbelPs mental
condition was such in the last years Of his
life as to make him readily susceptible to
the influence Of those Immediately about
him, and that in various ways within the
knowledge Of different witnesses that influ-
ence was manifestly exerted. Evidence of
this kind will be sent up not only in re-
gard to business but to political matters
There will be in addition to this general
evidence a great deal Of special testimony
in 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 and 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 previous to Mr. Campbell's death.
In the codcil one of the executors was
changed In place Of the one originally
named, who was the general agent Of Mr.
G. in the book and publishing business,
and IN the management of that part Of his
estate a son-in-law, who had become such
after the writing Of the will, was substitu-
ted. And also it was specified in the cod
icil that all the residuum of the estate af-
ter payment Of the different requests
should 90 to the defendants. AS we I'M
derstand the case, the contestants base
their main hopes against the will upon the
ulnerability Of the codicil.
The parties to the suit On the side Of the
contestants are the wives j. Ii. Pendle
ton of Wellsburg, and John Bush of Tex
as, two children of Prof W. Pendleton of
Bethany, and two children Of Il. Y Hen
ly, living in Eastern Virginia. Both
these Pendletons are from louisa county,
Va The defendants are the wife Of Mr..
Campbell, his two sons, Alexander and
William, and his two daughters, Mrs
Virginia Thompson of Ky, and Mrs. De-
Gina 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 defendants are Judge
Black of Pennsylvania, Gen. Garfield Of
Ohio, and Nathaniel Richardson, Esq, Of
Wheeling.
It may be that Congress may upset the
registration which is going on, and provide
for another registration in accordance with
| the provisions of reconstruction law. or with