Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1867-09-04

CONTESTED WILL. Yesterday; in the Or
phan's Court :. in Washington, the contested
case Of the probate OF the will OF the late Sam
uel DeVaughn was resumed, The following
report of the case is taken from the Washing
ton Republican. The first witness called was
John e. Devaughn, who testife that t.
Samuel De7suahn was IN lie of witness. lie
| is son of John Devaughn; Mrs. Brayhed and
Mary Rebecca lived with Samuel Devaughn.
Mrs 3rayGeld has five children, three Il t men
toned in the will hese lived near Port Tpbac-
co. Mrs. Mitchell, enc of The devisoes is dead
Mis-: Mary Rebecca has a living chill; She
never was married
Mr. Thompson was willing that the door OF
justice should be wide open, but thought that
Miss Brayfelds children had nothing to do
with the probate Of this viii
Judge Moore urged that all matters relating
to the relations OF the testator we're proper SUD
jects Of Investigation in adjudicating upon me
probate OF a will, and quoted Gill and Johnson, $
Reports as sustaining this view,
Judge Hughes argued that the .ilegitlmate
child of Miss 3rayfeld. was CIRCUMSTANCE q: :
not stand yerv high in the affection and respect
of the testator.
MI. Thompson said that the will proved his
affection for her. She ministered to his dying
moments ;
him lust before his death. -'.t,
Mr.. Thompson had understood that he cup
ped his uncle, but did not leave the house until
he 6 his pay.
Mr. Deyaughn resumed his testimony. Wit
ness cupped and leeched the testator short
time before his death Witness di1 not wish to
charge for this service but Miss Brayde made
him take payment There was no cause of diff
ference between the tegtator and any Of the re-
lations, except one Of the Brayfeld family liV-
ing in Mary land Witness lives in Alexandria,
as his father does. His father has been in
Washington about nine weeks. He was in
court when the will was first brought in, but
has never been here since Miss Brayfeld told
witness on the Monday after the testator's death
that her uncle had left a perfect will, and also
but once during the war. Witness father Wis
tied testator but once in last illness. Knows OF
no unfriendly act by his father towards the tes-
tator. After the testator lived with the Bray.
fields there seemed to be some dissatisfaction:
j. F. Callan Witness knows John De-
and had to be assisted to carriage at the tune-
raj Never knew of any unkind feelings be-
tween the testator and his kindred; he often
sent them see1s, &c. He had heard that Miss
NJ Brayfeld was the mother OF the child. The
testator was man as much decided IN MS
opinion as any one else, but not more so,
Judge Hughes argued in opposition TO the
probate of the will, contendng that the claim
of the propounders of the will was against nat,
ural Justice. and based only on technical
grounds But the will itself showed technical
Objections to its probate which could not be
overcome. 1t has been altered improperly al
ter it was made, and thus became invalid
Judge Moore examined the evidence at
length as showing that the tes!ator had long
abandoned the paper in question as his will !;
that he intended to make another. 1t had been
shown that alterations had been made which
al 70 ba for q
be materially or not, ifit be made by an inter
ested party it avoids the will.
At four o. clock and before the close of Judge
Moores argument, the court adjourned.