The national Republican., 1867-08-19
THE COURTS.

ORPHANS CoURT-Judge PurceH.-The
court held It's regular semi weekly session yes
terday, q considerable numbr Of interested
suitors being In attendance.
The will Of Samuel Devaughi, offered for pro.
bate, was taken up, and the testimony In rela-
tion thereto was resumed.
Mr.. John L. Smith testified that he had writ.
ten the will now presented to he court that as
to the interlined words land improvements" he
remembered that he had mad, that interlinea.
tion before the execution Of the will but that
the flourish by which the plac, Of the intsrlinea-
tion Is changed from the middle to the end Of
the limo, he has no recollection Of having
made IT, A further change, by which the word
Henry" was made Henry" he did not think
he made.
W. @. sharley, witness, knew tho testator,
and had promised teststor to make will fol
him.
Testator never told witness that he had or had
not made will. He asked me to make will
for him. This vas after 1901 Witness went /,
to his bedside with pen and paper; but no wa
not able to make II at that time; he said 4
tended to leave something TO his sister and hsi
daughter.
N. Callan was intimately acquainted with the
testator, seeing him every day. II, seldom did
business without consultation with witness; wit.
ness visited him several times In his last sick.
ness. He told witness short time before his
death Of his ideas s to the purchase Of prop.
erty. No ono except Mrs. Brayfold and hei
daughter lived with Mr.. Deyaughn. Mrs. Bray.
field told witness after tho death Of testator tha,
4 few days before his death testator had desired
to change his will, but that she had told him he
was too III 10 do IL, Witness thinks that Miss
Braydeld exercised no more influence over the
mind Of tho testator than an adopted child gen.
orally does over Its father.
During the examination Of Mr.. 6harley, q
discussion between tho counsel rs to the pro.
priety Of 0 question, widened into considera.
tion Of the whole case.
Judge Hughes oontendsd that the onms oi
proving the paper before the court to be the will
Of the deceased, was upon the propoundsrs Of
the will, and In the confederation Of that ques-
tion, II was perfectly legitimate for the parties
opposing the probate to show that tho tsstator
never regarded tho paper as his will that 1t
came into court under suspicious circumstances,
with alterations on Its face unaccounted for.
Mr.. Thompson held that this will had been
proved, In court, to have been executed In the
manner necessary to make 1t valid. The dis.
posing mindof the testator had been shown, and
that was all the onnS which rested upon the pro.
Founders. Now, tho law established the method
by which tho will could be discredited. 1t must
be By canoelling, tearing. or other obvious proof
Of intont to abandon the will Declarations Of
intent to change were not admissible Tor this
purpose. As to tho changes, they were all ac-
counted for BY tho witnesses.
Tho further consideration Of the case. was
postponed until Saturday next.
Judge Hughes did not think the flourish
had been explained
Mr.. Thompson said 1t was the first time In his
life he ever heard Of tho validity Of will be-
ing affected by the flourish Of q pen.
Judge Moore quoted authorities to show that
any change made fraudulently by an interested
party avoids the will.
The will Of James Fullalove, Of Georgetown,
made October 20, 1858, and attested BY John
Marbury, Henry King and J. Carter Marbury,
was presented for probate. The tsstator deyises
his personal estate to be divided equally among
his children. He devises his real estate also, to
be equally divided among his children, but the
testator directs that 1t shall not be divided until
i've years after his death; the rents only to be
divided during that time. He names his son,
Richard Fullalove, and Francis A. Lutz as his
executors.
Accounts Of Moses Kelly, guardian Of James
L. Inglei Lucinda Ford, guardian OF Anne Dor
seyi Emma Derrick, administrator Of Hamilton
Daniel, were fled and accepted
Of Rosetta M. Sweeney; bond S2,OOO, with
Francis Mcahan and Frank P. Burke as
suteties.
The court then took up the account Of the
guardian Of Pauline Seitz, several items Of
which, especially that Of meerschaum pipe and
package Of "Lone Jack" charged to the ward,
were excepted to. The guardian said that these
articles we're furnished the ward for present to
a friend. The case went over for further pro-
oeedings.
The court then adjourned until Tuesday next,