The national Republican., 1867-09-11
THE COURTS.

| ORPHANS CouRr-Judge Purceu.-Th,
Orphans Court held Its regular semi.wseki,
session yesterday.
rHH pHvAueHN WILL CASE.
The contested probate Of the will Of the lat,
Samuel Devaughn was taken up In accordance
with tbs continuance Of Saturday last.
Mr.. Thompson resumed his argument fayorinp
the probate. He urged that both Miss Bray.
Held and Messrs Perrie and Jarvis (upon whom
the opposing counsel had reasoted) had acted In
strict accordance with their duty as laid down
In the law. II the will had been fraudulently
altered, why not make the charge boldly to the
grand jury. If such alteration had been made
In any material matter, Q crime had been com.
mitted. Why do they not prosecute for the
crime Because they knew that they would be
soohed out Of the jury.room. That one heir
was preferred to another was nothing. Mr.. NJ
quoted the Bible to show that Jacob discrimina.
ted among the he'.s. The reason Why the law
authorized Wills was In order to allow this very
| determination. II the testator had no right to
prefer one hoir to another II would bs useless to
mako will. Mr. Thompson continued eramin.
Ing the provisions Of the will to show that tho
alleged alterations wore mere surtlusage, and
did not affect the validity Of the will lie quoted
authorities to show that to revoke will, a
declaration OF intont was not sufficient, there
must be added to the intention TO revoke some
act as cancelling or tearing the will to make the
revocation complete. There was nothing Of that
kind In this case, but tho testator 4 few moments
before his death told Mr.. Perrie that his will,
this very will, was 10 that chest. He quoted
also Authorities defining the legal meaning Of
improper influence" over the mind Of the tes.
tator.
After somo colloquial discussion a, to whether
the argument was closed, Mr.. Thompson insist.
ing that he had q right to close the case, and
Judge Moore averring that the practice Of the
court allowed counsel TO reply to all new mattor
introduced BY counsel, who had waived bis right
to open tho case.
Judge Moore said that 1t was not the business
Of counsel to prosecute oriminally for alterations
in the will; but II was the duty Of the PROFOUND.
ers Of the will TO prove that II was such a will
as the law required, and that Il was not vitiated
by illegal alterations. He thought that counsel
was mistaken In supposipg that his colleague
bad reflected on Mecsrs. Perrie and Jarvis lie
denied the right Of any party but the legal Gus.
todlans to open the will.
Mr. Thompson read authorities TO show thot
the holder Of a will might open 1t.
The Court took the papers, and reserved
Its decision,
INFORMATION WANTED.
A gentleman asked tho court II he as collector
Of tho rents Of property Of deceased person, had
right to have necessary repairs made to the
property.
Tho Court said that tho power Of a collector
was strictly limited 10 the collection Of rents
and the payment Of them to the parties entitled;
II he did more, he did It without authority and
at his own peril.
LBTTERs rEsTAnBsTARY.
Sarah Green qualified as Administrative Of
Edward Green, deceased, giving bond in the
sum Of $40, 900, with Abel O. Davis and Joseph
Gawler as sureties.
Jilson Brown qualified as administrator Of
Julia Reed, giving bond in tho sum of 81, ,O0O,
with Matthias W. White and z. c. Merriam as
sursties.
GUARDIANS QUALIFIED.
Mary J. johnson qualified as guardian Of the
orphans Of W. II. Bates, giving bond In 5000,
with William Moore, Bruce Dent and T. John.
son as suretiss.
Sarah Green qualified as guardian Of her chill.
dren, giving bond In the sum Of $S, 000 with Abel
g. Davis and James Gawler as sureties.
Ellen Fcaby qualified as guardian of her
children, giving bend In 81, 500, with G. Cal.
laghan and ]. Smith as surpties.
Aud at four o'clock, the court adjourned.