The national Republican., 1867-09-23

and considerablo interest manifested in The bro
csedings.
- THE PEARSON WILL CASE. ...
Jos. Bradley, esq, appeared In this case 10
day, but as many Of the counsel were absent II
consideration was further postponed.
THE DEvAUGHN WILL CASE.
The case Of tho motion to admit TO probat
the will Of s. Devaughn, which has occupied th
attention Of the court for some weeks, and whicl
was argued on Saturday last by NJ. Thompson
ESQ.,, for the probate, and Judge Moore In oppo
sitiop, came up, and Judge Purcell delivered th,
following opinion:.
In the case Of the will Of Samuel Dsvaughn
which this court has had under consideration
the court this morning will deliver Its opinion n
be admitted to probate. Upon this there ar,
two important questions First, has this will
been executed strictly according TO the stntuts
Of Maryland In force In this District Were the
number Of witnesses sufficient Did they sign
in the presence and at the request Of the testa.
tori Had they opportunity to know the oondi-
tion Of the testator's mind, and was he at tho
time Of sound and disposing mind and memory,
and capable Of making valid deed or will, and
not likely to be tho subject Of undue influence ?
II these questions are answered In the afirma-
tive, tho next question Is this Has that will
been cancelled according TO the statute which
prescribes how wills may be cancelled7 This
statute Is too plain to need resort to the courts
Of Great Britain for explanation or to tho courts
Of neighboring States for light upon the subject.
The statutes Of Maryland and Virginia are pre-.
else copies In relation to the execution Of Wills
except that In Virginia two witnesses only are
required, and here 1t requires three. 1t may be
borne In mind by some that the statesman John
Randolph made his will in 1915 he was q man
Of groat wealth, and in his will he set all his
negroes-somo four hundred in numbor-froc,
and gavo them lands. He was afterwards sent
as minister to Russia by General jackson, and
In 1882 returned home just after tho breaking
out Of the southampton insurrection, tho ex.
oosses Of which excited his mind against tho
oolorod race. lie then often expressed an anx.
ious desire to change his will, and he did exe-
cute paper intending thereby to revoke 1t, and
to enslaye his negroes to his relations. This will
was offered for probate after his death, and in
accordance WITH the opinion Of Benjamin Wat.
kins Leigh, and other gentlemen, eminent In the
judiciary Of Virginia, II was decided that the
last paper was not proper will, and that II
failed to cancel the former will this not only
because Of the manner of its execution, but be-
cause Dr.. Parish and others were Of opinion that
his mind was not sound at the time the last pa.
per was executed. Tho first will was admitted
to probate. The Court Of Appeals held that
notwithstanding the great anxiety ho had To
cancel his will he had not done so and there.
fore II must be admitted.
Coming now to the case OF DR.. Dsvaughn:
Three most respectable witnesses testify to the
proper execution Of tho will, and the perfectly
sound and even vigorous condition of his mind
at tho time. This vigor Of mind all the testimony
shows to have continued to tho time Of his death.
The case Of Calvert Davis, In Gill d Johnscn's
reports, has been referred to. In that case the
court Of appeals properly decided that the court
below erred In refusing to allow evidence to 20
to the Jury showing that the aged and infirm
| testator had In his dotage allowed q wicked
woman to obtain undue influence over his mind
But this case Is the precise contrast Of that.
The testimony here shows that DR.. Devaughn
went down to his grave with sound mind, In.
capable Of having an undue influence exerted
over him. There is no doubt that he intended
to change his will, but he mover carried out his
intention. He remarked to Mr.. Perrie a short
time before his death, "Sir, there Is my will
but II ever get out intend to alter Il" This
shows that he regarded 1t still as his only will.
This will must be admitted to probate.
Several eminent members Of the bar approached
the judge and complimented him on the force
and perspicacity Of his opinion.
THE BLANK CHECK CASE.
The case Of Emma Reed VS.. II. X. Brown, ad-
ministrator Of Richard Busteed, was taken up.
Gen. Terry appeared for the complainant and NJ.
Thompson for the administrator. The case came
up upon tho petition Of the complainant, settini
partly bed. ridden for some years previous to hi
death; that Immediately before the death Of Bus
teed he had to his credit In a Baltimore banl
some $500, and that he then delivered to Mis-
Reed blank check, telling her II he died with
the money still to his credit, to l 1t up and keep
| tho money for her services to him. that during
his sickness she had been constant attendant
upon him, nursed him, and did all that was
needed for his comfort that upon the appoint.
| ment Of the administrator she gave the check to
| him with directions to draw the money, pay the
funeral expenses and return to her the residue;
that he did draw the money In question but now
avows that ho will not DO justified in paying the
money over without judicial sanction.
Mr.. Brown responds that the facts as to tho
deposit of money are true but he denies that
Busted ever gave Miss Reed blank check.
The so-oalled check, he says, was 4 mere blank
piece Of paper with Mr.. Busteed's signature
thereon. He says that he understands that tho
law will not justify him In paying over the
money, but that he must hold It as assets Of the
estate, the more particularly as several creditors
have notified him that their claims arc liens
upon this fund and that be would be held 70.
sponsible for the proper disposal Of the same
Gen. Terry wished to have the answer stricken
out as not responsive to the petition.
Mr.. Thompson held that the only method by
which the question of the competency Of the
answer could bo tested was by the Aiing Of ex.
ceptiOus III lOElu tpocluC
points In the petition to which the answer was
not responsive.
After short arguments by the counsel rs to
proper practice in the case, the court said that
the petitioner must file exceptions to the answer,
and then, upon setting down tho exceptions for
argument the court could determine the pro.
priety Of the answer.
To give time for filing the exceptions, the case
was continued.
| LAST WILL,
A certified copy of the will of Henry N, Nor.
At, Of Baltimore, August II, 1865, was filed in
this court.
The last will of Robert johnson (colored) was
presented to court and partially proven. 1t was
made In this city tho lst of May, 1867, in the
presence of r. p. Jackson, Richard Cruit and
VIM. T. French. Tho tostator bequeaths his
real estate, situated in lIOlmead's addition to
Georgetown, to his wilo with remainder to his
daughters
| ACCOUNTS FILED.
Accounts OF Mary ]. Kilman, guardian Of the
orphans Of john Kilman; Of l.. Maria Munuret
administrator of Gabriel Munuret; Of @. NJ
Call, administrator of A, Call; Of George A.
Bohrer, agent of Charles Miller's estate, wert
fled In due course Of proceeding.
ADMINISTRATORS QUALIFIED.
Wm. B. Webb qualified as administrator o
the will Of J. P Pepper, to dispose of such mat
ters as remain on hand undisposed Of in his es
tate giving bond in SIS, 900, with John +