Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-03-08
From the Newborn Journal of Commerce
The Great Johnston win Case Interesting
Particulars.

Particulars.
We are indebted to the Rev. Henry 4.
Skinner, for the following letter descrlp-
tive of men and incidents connected with
the great johnson Will Case, now in pro.
cess of trial at Edenton n. @. Mr.. Skin
ner was for a lon time Rector of Edentou
Parish, and as one of the witnesses on be
half of the Will, his communication will be
read with unusual interest.
MIR. EDITOR At your request, l pro
pose to give some account of the Johnston
Will suit now proceeding at Edenton, in
special term of the Superior Court.
Being one of the surviving witnesses
to the will, and a near neighbor of the Tes
tator, both at the time he executed it and
during the two subsequent years of his
life, was in position for learning much
of his character and of the motives which
governed him in the disposition of his pro
perty.
Mr.. Johnston executed his will on the
10th of April, in presence of myself and
two other witnesses, citizens of Edenton,
who annexed our signatures to the instru-
nent At his request L remained with him
after the other witnesses were gone, unit!
the afternoon. He made no allusion to the
will, and gave me no knowledge of It's con
tents, at that time or subsequently. His
manner was cool and calm, his mind appa-
rently perfectly clear, and his conversation
not only rational, but agreeable ank intelli
gent, as it usually was though he exhibit
ed evidences of failing powers in slips OF
memory, and verbal mistakes. l am thus
particular, because the caveators in this
case are endeavoring to show that Mr.
Johnston was insane at the time of the eX
ecution of the will. In my own opinion, he
was the victim of dellsion or mOnOn0Ria
if you choose, at that time, with regard to
his relatives. But he managed, neverthe
less, to make will, which appears SO com
pletely to satisfy the demands of the law.
that the probabilities are very strongly i'll ia
vor of its establishment. In about six weeks
after he had signed his will in the manner
described, Mr.. Johnston re affirmed If
without any change, in the presence of al
other witness, also a citizen of Edenton
and in September following, re-affirmed il
a second time, without change, in presence
of two other gentlemen of Edenton, on,
of whom was Clerk of the County Court
and the other his attending physician.
Here is will executed and twice re-af
frmed by the Testator in the presence OF
witnesses; and here are six witnesses of IN
lmpeached veracity, agreeing unanimously,
both to his and to their own signatures,
and to his soundness of mind at the several
times of signature. This looks like an in
contestable statement But as Mr.. John
ston left his property to persons in no-wise
related to him, to the exclusion of his rela-
tives, those relatives are endeavoring to
subvert his will by proving him incompe-
tent through insanity; and it must be said
that they have adduced much very strong
evidence in proof of that point.
The trial is exceedingly interesting, both
on account of the issues involved and the
ability of the counsel on both sides.
The estate of Mr.. Johnston is still est
mated at halfla million of dollars, although
it was immensely diminished by the loss Of
his slaves and the depreciation of his lands
on the Roanoke by freshets. The question
of legal competency in a testator is here
once more discussed with the utmost acute
ness, and doubtless with much eloquence
Again, the Counsel retained by the par
ties to the suit, are beyond doubt the ablest
in the State of North Carolina, and proba-
bly, match for any in the land. Such
names as Bat. Moore, r. B. Heath, W. n
b. Smith, and Conigland, for the propouu
ders and ex-Governors Graham, Bragg
and Vance, and VIM. Eaton for the Cavei
tors, are sufficient guarantees for a suit o.
very remarkable interest and importance
Up to the time OF my departure from Eden
ton on the 22nd instant there had been
close contest of these trained minds through
sixteen days of testimony and from the lJ,
gal learning and acumen displayed by Doll
sides during that time, there is reason II
think that the discussion will be conducte"
with surprising skill, and that the veneIa
BILE walls of the Court House of EdenVon
will resound with unusual strains OF loren
sic eloquence. But time presses, ana
must reserve the remainder of ny com
munication for your next issue.
Yours truly,
TT A SKINNER