The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-06-27
wELIsRUaa c1acUIr coURr.
An Important TRIAL to Commences

An important 10
To-day.
The regular Session OF Brooke Circuit
Court began on Tuesday last. To-day
is set for opening the trial of the Alex
ander Campbell will case, which has
heretofore been briefly mentioned in
our columns. This case is matter of
unusual interest to a large number OF
people here and elsewhere besides
those directly concerned in the Issue OF
the trial. Without expressing any
opinion whatever as to the merits OF
the cause, we may state few points
expected to be brought out during the
progress of the trial. The will involves
the disposition of property variously
estimated to be worth from 5000, 600 to
S225, 600. Those oontesting the paper
are the grandchildren of Mr.. Campbell,
by his first wife, whose maiden name
was Margaret Brown, and who was the
daughter OF u respectable farmer of
Brooke county, named John Brown
Mr.. Campbell, at 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
nFkt wife, tuaL ueE uesCt1udnI6 CHILL 10
inherit equally under his will. l..
It will be In evidence, however, that
Mr.. Campbell, previous TO the death of
his father-in-law, John Brown, re-
ceived from him A-quit claim paper
setting forth that in his estimation the
property was worth at that date so
m UGH money, say $40 900, and that in
his Judgment u payment of that sum to
the heirs of his daughter would be n
full ransom of all values acquired by
Mr.. G. through marriage. The defend
! ants ofthe will, who are the children OF
the second wife, claim that their father
discharged this estimate OF Mr.. Brown
not only TO the full, but that, in addi-
ton, he exceeded 1t in bestowments
made to his first set of children during
their lives and to their children AFTER
wards, saying nothing, whatever as to
the legacies left the latter under tho
will, which were from two to three
thousand dollars each.
This is point number one in the case.
We have only given its bare outlines,
and have not attempted the details.
The second point raised by the con-
teStants is, that outside OF any cOnsid-
erations in regard to the original Brown
property they have natural claims TO
| inherit from the whole of their grand
fathers estate, and that he would have
regarded and recognized these claims
but for undue influences e1erted upon
him by parties In adverse. interest at
the date Of his Will. They claim that
ence for SO many years, especially in
the last and falling years OF his life,
when his mind and memory were inn
paired, and surrounded as he constant
ly and intimately was by the defend-
ants, prejudice was accomplished
against their claims and interests, and
that therefore the bulk of his property
was uniustly bestowed upon the de-
PENDANTS, the heirs ofthe second wife,
A great amount of evidence will be
offered by both sides to show the condi.
ton of Mr.. Campbell's mind at the date
date of the seodicil in 1864. It Is
said that In all nearly, or quite
fifty witnesses have been sum
nioned, and that, in addition To this
mass OF oral evidence, numerous and
voluminous dispositions rom parties at
distance will be read. The great
effort on the part Of the contestants
will OF course be to show that Mr..
Campbell's mental condition was such
In the last years of his life as 10 make
bin readily susceptible to the influence
OF those immediately about him, and
that in various ways within the knowl-
edge OF different witnesses that influ-
ence was manifestly exerted.- Evidence
OF this kind Will be set up not only in
regard to business but political matters.
There will be in addition to this general
evidence great deal of special testi-
mony In reference to specific and isola-
ted acts and transactions, showing on
the one hand that he did transact busi-
ness for himself uninfiuenced 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 append
ed two years after the will and
just about two years previous to Mr..
Gampbell's death. In the codicil one
ofthe executors WIS changed. In place
of the one originally named, who was
the general agent of Mr.. @. in his book
and Publishing business, and in the
management OF that part of his estate,
n sonstn.law, who had become such AT
ter the writing OF theswilI, was substf-
tuted. And also Il was specified in the
codicil that all the;residuum of the es-
tate alter payment OF the different be-
quests, should go TO the defendants.
As we understand the case, the con-
testants base their main hopes AGAINST
the Will upon the vulnerability OF the
codicil. .Siiss i53-7s {. -. -
-, In Brooke county great deal of ppb-
nc interest has been excited in The re-
suit SUIT OF the trial that commences TO-DAY.
Inc case mas been on the tapis for nm
wards OF n year, and has been, of course.
prominent subject of conyefsation
among Rll the old friends and acouaIn-
tances OF Mr.. Campbell. Among these /
there are parusans for and against The
viii. Their feelings take hue accorIis |
Ing as they sympathi1e with the re-