Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-02-22

estate in ChOwan county, with his money
bank stock, &C., to Ed. Wood, and all his
estate in Halifax county, to II. J. Futrel,
who has since died. These gentlemen were
wholly unconnected with him by blood or
marriage. Mr.. Futrell had managed his
estate in Halifax county for about twelve
years. Mr.. Hollowell had rendered him
great service during the war, in preserving
his estate in Pasquotank county, and Mr.
Wood had lived close to him all his life
1t will be seen that the relations of Mr.
Johnston are all collaterals and are the de-
scendants of his uncle John Johnston. and
his aunts Hannah and Jane John John
ston was, IN his day, very distinguished
man, and has quite number of descend
ants. Hannah married Judge IredeU. who
loved her with devotion BORDERING on
ldolatfy. mere can De no more pleasant
love story than the courtship and marriages
of Judge Iredell, as detailed in his own
journal, in his "Life and Correspondence
by G. j. McRee, most valuable contribu-
ton to the revolutionary history of North
Carolina. The late General Iredell, of Raj,
eigh, was one of the children of this union.
He was one of the ablest men ever born in
this State. Jane married George Blair,
and has numerous progeny.
Their private letters are referred to in
the will as containing dispositions of his
property, one addressed to each of the lega-
tees already named, who are also named as
his Executors. These letters, although not
witnessed, arc offered by the propounders
as a part of the will. In these letters he
gives minute directions for the comfort of
his slaves, and directs his Executors to treat
them kindly and deal literally with them
on trade days. To several of them he di-
reefs small legacies to be paid To Aaron,
his /" faithful servant" he leaves his wear
ing apparel, his gold watch, $3.50 in gold,
and directs five thousand dollars to be in
vested for him.
To sundry of his relatives of the John
ston and Iredell families, he also leaves leg
acies, but it is unnecessary to specify them.
He further directs, that should any of those
to whom he leaves les Acies caveat his will,
such shall forfeit the provision made in his
or her behalf, md he directs also that tho
contents of the letters shall not be made
known until the will shall be established
But in this respect his intentions have been
defeated, as the letters are construed to be
part of the will, and are offered with it.
At August Court, 1865, the Executors
proved the will in common form. But it
was deemed necessary to prove it in solemn
form, and so citations were issued, and
publication made, and at Chowan County
Court, May term, 1866, the will was offered
q second time for probate. A caveat was
entered thereto by one party only, Mr..
Sawyer, but many other names have been
since added as caveators. A verdict pro-
bono was taken for the will at August term,
1866 At Superior Court following, Judge
Warren ordered special Court to be held
on the second Monday of December last to
try the case. This term was continued un-
til the first Wednesday in February, by
special act of the Legislature, and SO, on
Wednesday, the 9th inst, the Court was
opened. A period conflicting more with
the convenience and business of every coun-
sci engaged in the cause could not possibly
have been selected.
Your readers who may follow me thus
far, will have as clear au idea of the "causo
of action as it is in MY power to give
them. 1t only remains for NE to speak Of
the progress of the trial, and Of the coun-
sci engaged therein, which L will do very
briefly.
The counsel for the propounders, or for
the validity of the paper offered as will,
are H. A. Gillian, Esq, of Edenton, Thos.
Gillian, Esq, of Perquimans county, p. II.
Winston, Esq, and Hon. John Pool, of
BERTHE county, Hon. W. n. II. Smith, of
of the Memphis bar, 3. T. Moore, Esq, Of
Raleigh, and Ed Conigland, Esq, of Hall
fax. OF these the Messrs. Gillian, Pool
and Conigland appeared for the will in the
County Court.
The counsel for the caveators, or against
the will, are W. A. Moore, Esq, of Eden
ton, VIM. Eaton, Jr., Esq, of Warrenton,
Colonel Hinton, of Norfolk, Colonel Mar
TIN, of Elizabeth City, and Governor Ora
ham, Governor Bragg and Governor Vance.
Of these, Messrs. Moore and Martin APP
peared against the will in the County
Court.
The Messrs. Gillian Oh the one side, and
w. A. Moore Esq, on the other, have act
ed the part of attorneys, in the English
sense of the term, as well as counsel, and
have prepared the respective sides of the
cause in a manner that admits of no amend
ment, and defies criticism.
Eight days have been consumed in the
cause, and twelve witnesses have been eX-
amined-there are at least twenty witnesses
yet to be examined, and it is probable that
ten days more will be required to try the
case.
The defence, or rather the allegation
against the validity of the paper offered as
will, is the insanity of the alleged tesla
tor. The will and letters are quite lengthy,
and are all in the handwriting of the de
ceased; but believe the insanity alleged
Is IdIl1GI GlldH IuJCIlcCIudl Will
not, however, go into this matter, as could
scarcely do SO without, perhaps, doing in
justice to one side or the other, and have
no wish to prejudice the case in any way
It is somewhat remarkable that one of the
most important eases ever tried in the State
has not one solitary representative of the
press present. This fact does notspeak very
tiatteringly of North Carolina newspaper
enterprise, nor does it say much for the
Norfolk and Petersburg press.
It would be objectionable not to bear
testimony to the patience, urbanfty,
promptness and learning of Judge Merri
mon, who is presiding. His selection TO
hold the court is the best evidence of how
highly he is appreciated, and meets with
the hearty approval of every counsel i'll the
cause, as one of them has informed me-
I would take pleasure in giving some par.
ticulars of Edenton and its delightful socl-
ETY., but the space [ have already occupied
me to conclude.
ALBEMARLE.
sharp Old Gent.
Durinrr tho racant session of tho Euual