The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-06-17

| 9iHRui"F SsaSe IN CGuPf--R0snasscr
OF ReaA Mfe-An Eecesiarfc Mnr,
wills His Property Go, Stranger.
Wno ~ round after n Quarter or {,
Century. = .-=s - =.
correspondence Of the Cincinnati Chronicle.
LEBANON, OHIO, June IL, 1863.
"a case has Just been decided in the Court
OF Common Pleas of Warren county, by
Judge Winans, in which were involved
questions of identity and Of title to land at
once singular and interesting. The facts.
| as developed by the testimony, may be
summed up as follows: 'ss Il.
An eccentric old bachelor came to this
country early in the present century. he
was day laborer, and never had o home
of his own, but by industry and economy
became the owner Of two hundred acres of
land, lying among the hills of the Little
Miami, in the vicinity OF Fort Ancient,
which remained covered with its native
forests during his lifetime. Although his
death took place thirty years ago, he is re-
membered by many persons living in that
vicinity by reason Of his peculiarities, and
particularly as the possessor Of singularly-
spotted horse, to which he was much at
tached. The animal is described as being
Of pure white, variegated with spots Of o
dark brown, the two colors making q
striking contrast. Some years before his
death the old man made journey to
Virginia. Little is known Of this Jour-
ney, except that he rode his spotted horse,
and that on his return he often spoke of
having, while on this journey, fallen in
company with q man driving wagon, with
whom he entered into conversation, and dis
covered to be his namesake and cousin,
though many years younger than himself.
He also made known his intention of will
ing his land to this namesake, as he had no
near relative living near him. A will to
this effect was made, and at his death pro-
bated. 1t devised the land before referred
to to this cousin, James Frazier, if he could
be found living, and in case he could not
be found, the land was to become the
property of enc of his neighbors, named
in the viii, who was also made the ex-
ecutor. Soon after the will was pro-
bated, on effort was made by some per-
sons living in Indiana, claiming to be
the near relatives and heirs Of the de-
ceased, to set aside the will, on the ground
of the insanity Of the testator. In the suit
arising on this claim, Governor Corwin,
Hon. Robert G. Schenck, Judge George j.
Smith, and Judge John Probasco were
attorneys. The will was set aside by q
jury in the Court Of Common Pleas, and
the case was carried up to the Supreme
Court. During the trial in the Supreme
Court it was shown that the testator was an
Legitimate child. As it is principle of
the common law that bastard cannot trans
nit property by descent except to his own
children, having no other heirs, it became
evident that the pretended heirs would fail
to get possession of the property, and the
case was dropped. The will, therefore, re-
manned unimpeached. 800.
The executor Of the will being the party
to whom the land was to pass in case the
first legatee was not found, appears to have
made no effort whatever to discover the
rightful owner, but took possession OF the
property and treated it as his own. When
asked about his title to the land, he always
replied that he did not believe such per-
son US the first legatee ever existed; that
the old man had never met such person,
but that his existence was one of his many
fancies.
Thus affairs remained for more than q
quarter of century-the executor enjoy.
ing the use of the land, and having on two
occasions sold portion Of it, while the
rightful owner remained in ignorance OF
the existence of the will. Not long ago
however, letter from an attorney IL
Lebanon, directed to the postmaster of 0
town in West Virginia, inquiring if one
James Frazier resided there, reached him
and he became aware of the facts Of the
case. 1t appears that during most of the
time he has resided in town on the Ohio
side of the Ohio river not far from Wheel
ing, Va. He is now an old man, in re-
duced circumstances-too old to take M
active part in the prosecution of hit
claim to the land, but his sons have
undertaken this work for him. Tht
old man testifes by deposition thai
thirty years ago he followed the bust
ness of wagoning from Wheeling to Balti
more; that on one Of his journeys he fell
in company with man riding spo
horse.' They engaged in conversation
The WAGNER spoke of the beauty of thu
spotted horse and his desire to own him
but the horseman declared that no amount
of money could induce him to part witt
his favorite. Further conversation de
veloped the fact that they were cousins, anc
they passed the night together at public
house. His newly-found relative invited
the teamster to visit him in the MAN
country, and told him it would be to hi
advantage to do SO. Failing to make thu
visit, he never heard from him until he. re
ceived the letter of the attorney before re
ferred to-. So far as appears from the eyi
dence in the case, their meeting on the Ma
tional road was the only time they ever saw
each other.
The Court was satisfied from the facts
proven, all of which cannot be- detailed
here, that the plaintiff was identified as thu
first legatee. He decided in favor of thu
plaintiff, holding that the statute Of limi t'
tons pleaded by the present occupants
of the land would not bar the plaintiff
claim.
Thus, after lapse of thirty years, th'
claim Of the rightful legatee, as we have
good reason to believe, has been recognized
But a second trial has been demanded, ant
its issue must be awaited before the CASE
can be considered settled. ~
A New ACCOUNT OF KING THEoDoRuss
DEArH-HE ORDERS Els Own EXECUTION
HIS WuL.-Our European files by thu
steamshin Hammonia, at this port, convey