The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-09-09

OnpHArSCoURT-JudgsP urceH.-This court
transseted the following business yesterday:
LAST Wills.

onpBArsCouRT-Judss Purceu-This court
transseted the following business yesterday
The l,.t will Of Gustav 4. wei.. was filed
| for probate. The testAtor bcaueaihs ali HIS
| rights OF Inheritance In Germany to lis sister,
Mathildn W 1.-The lmina Charlotte Louisa Weiss'
Of the city Of Erianger, Bavaria. His estate
ln this city he leaves TO his wife, Maria Annie
Weiss aud he names Gustav Hsrtig, +.
/ Schmidt and NJ. A. Weiss rs his csecutors
Tak MILLER WILL CASH.
This case, In which we published a summary
! OF the evidence some weeks since, grows out
OF will In which Eleanor Miller leaves ali
| afterwards to all her heirs.
The csveators contend that the testatris was
Judge Leech reIresents the proponents OF
the will and Mr.: NJ. Thompson the eayeators
opinions. After some preliminary remarks.
he continued as follows:
This paper 10 presented here As the will 0:
Eleanor Miller, bearing the attestation OF wit
nesscs who sttested the paper during her life.
The questions involved we're: was the viii ex.
ecutea according to the statute In such case
made and provided
The next question is: was the testatrix of
ufficient mental capacity to make such will,
or was there any undue inf.ence practiced
upon her TO make the will contrary to her own
These questions have been discussed with
much ability by the eminent counsel who have
represented each side OF the case. In support
OF the will, the attestiDg witnesses TO the will
snd several Of the relativ 8 OF the deceased
have been examined and they unite In a m rming
the soundness OF the teststrix's mind at the
time OF making the will, as we'll as her pre-
yious declarations ou the subject On the
part OF the csveators, evidence has been given
1G @sks 10 A. ths ns
the presence Of the testatorj but in leading
Maryland case, that of Davis VS.. Calveft-a
made 10 one room while the teststcr was wing
In another, yet In such a position that he
might have seen the attestation-the court
decided that the attestation was good one.
In these cases 1t has always been held that the
request OF the scrivener who draws the will Is
to be considered as the request Of the testator,
scrivener, In the presence OF Mrs. Miller,
asked the witnesses to make the attestation,
and his authority was sufficient, provided the
testatrix was Of sufficient mind at the time to
know what was going on. Now, In regard to
the condition Of her mind at that time, Drs.
Dove and Bohrer are Of opinion that she had
as much capacity on that occasion as she had
For these reasons shall admit the will to
probate; and also direct that as there seemed
costs Of the suit be paid out Of the estate.
MIR; Thompson entered an appeal from the
decision Of Judge Purcell to the Supreme
LETTERS TEsTAMESTARY.
On the motion Of Mr.. Leech. Charles Miller
was appointed collector Of the estate of
tiSoTEe W, Miller and Thomas J. Miller as
suretIes.
Jane Bradley qualihcd ne admtnistratrix OF
the will Of Joseph I. Bradley, giving bond In
sGO0, with Dewitt O. Burke and T. NJ. Lawton
AS sureties.
GUARDIANS.
Cornelius Stribling qualified as guardian of
the estate Of his children, giving bond in
81 900, with G. X. Stribling and Benz. Darby
as sureties.
The second account Of Ben amin L. Bitten.
ger, guardian OF Charles 7. Bittenger; of
Emms Gibbes, guardian of William Gibbes,
Julia Is. Gibbcs and Chas. Z. Gibbes.
The court then adjourned until Saturday
next.
Equity CoURT.-Judge Fisher.-This court
transacted the following business yesterday:
Margaret Collins VS.. q. W. Collins. Order
confirming reports OF auditor and commits
sioDer.
In re. William r.. Eelcs. Order for commits.
sion of lunacy.
Peter Jouvenal VS.. Caroline Walter. Chas.
Walter appointed guardian dd Item.
Terence Drury vs.. Mary NJ. Drury. William
FOrsythe appointed guardian dd Iten.
5. =. Clements VS.. ]. r. Clements. Order
for commission to assign guardian I'D Item to
infant defendants In Wisconsin.
A. 5. sullivan vs.. y. ID. Blanchard. Order
denying application for in junction.
Esau Pickercll VS.. Johanna Grant. Order
confirming auditors report, and for payment
to heir.