, 1870-02-07

| CT tue Mln Has procu1e1 ny thcse jtnuerces.
a, -. I'm nc JprJ believe Iron RE evidence thar
! asoI. 1:sn.t, aeesasoo. Nas Ct soaad mind sud
Snspo snnusree nerf "a ,s 20; suejee; y ~, -,
20 l., ~! ;, IL i, Ne p!s.eoee oi Tnorss " ue
@ Iesses Ma Whlam Waugh, as sans:11nIa4 w.t.
erbscr,ang w. anu mat tney sgaed aad ~ ~
ta'o!, Aud at h,a r.quest, ihcn Tue IurJ vii 1ud
,hs following verdict: "We, tne jasy, ~ nrd III:
a. 1ssssusnt Of capsaa 1ishsel Kenaeay, DC:
o. n:h.lf = OF tae:-eonp:a,nan,, tho cour. H.
sIsG.eu nc lusJ II fo.'oxs:
J: unleasA Ierson possesses 4 sound mind aud
mtnofJ. ~ deemed IN 1se othe. instsuctious, h. Is
20, se;apaele OF mailing valid VII, uuuer Ius l4ss
Ihe l1I1 vii md s1at the decea.ed had po.a
soo1a mNd aod EenotJ At the time Of executing
tne M psrr n qCsssion. and that such paper ii moi
tne deceased had cot sufficient mental ability t3
unoefstaod Inc eItent and coodluon Of his prop
eIty. the nature o! hts rcla.ions towards al those
tho Hould CT night be the natural oLJects uf nt1
eourtJ. and also auhsAntta1J 10 understand tue
nearing AID edecs Of the paper III question.
ra. ios 1lfJ ate Instructed further. that ls ~
Uucn an element Of trs.2EensArJ capacity that
the party should be able 10 comprehend iii relk-
tsnts 10 those natural objects Of his bounty whom
1e excludes from share Of his eat4t.. as that he
should kLow the obecu ol his atecton and boun-
y 20 whom be propoaes 10 Leave bis propersy.
q: t1e luif beEere from tae evidence that pr1o,
.V'lS kAtA0ttuQ vi PAPER III CGutFQFGfAy, Inc
ntrd Of deceaaed was lnsoand win 1eapec. to
M nn ton fal'p AID that the deceased ia5orea
n1att ,t% ne ldea ,hat la1d Philip waa coutpsins
u deprive him OF bis Properly A5d Shat srch idea
Taa de.as!on and wholly wlihou. foundation,
t9Gn u Is presumption Of law taAt such oe!uaioa
Inc evidence. in this ca1se, 1t should b
Efovtd 70 have ceased 10 exit The iac:
Vat tuch delus.cn as that mentioned 10 Tits a.
s'fument may have existed does NOT. however.
tecetfafiy v1iisIe The WILL bat IL Is c,rc1 1ustauca
10 he Considered With otaers ia deiefn,n,cr ne
,n1e HuSsnon .. Inc ansonndness Of mind iosant de-
otnes frstructlons, Necessary 10 invalldase tne
= Il the Jury believe from tue ertdeuce that the
anount Of properly IN qneatlor, and the c:Tcu n.
STANCES and merits Of the relatives Of deeeassd ~
shown In evidence, Ia unjust and nnreA9on Aois IN
ia lace 1uch TACT b proper 70 b conaldefe1 bT
the Jury in 1nda!nR Of the soundness Or anaounG.
ntss OF the tesr4tor's mind at the tlue in qqes.
the Judgment Of the Jury they cpnuder il enkftlei
70 - one OF the cttrunstances TO be considered,
with ~ the ether eyiaence N the case.
At the request OF respondents counsel the
Court save the following qrArncaton:
Bu1 the Jury ave tnatsucted THAT II they believe
srom ihe Evidence saat n The uue Of The c1ecu-
ton Of the alleged till IL contI0ter1y. tha 1eAta-
tor u n Of sound mind and memory, zuu not sub.
}ectsd to any unouo tnnuetce. then It 10 wholly
lnnntaA a VI, That apouLs Of properly The te5tasor
estatc; md in such case 1t ts,vnolly fmtnatertai
What the CGCuMttAtces aud the merits nf I)r
deceived, my kave Deen; sad II Who1 i1ams IN e1e
tr,a IN such case whether the ptovthcps Of tas
will. on Us face, are jus: and reasonable
he!!ese t1om the evidence tn1t tue provisions of
the will Ia thcse respects Ata IN consonAnce with
lEc definite s1d long sstued and ott-eI-
to aAldDs. Philip Kennedy or other relatives of fna
deceased II protein s' "4o
i: Z ,be III belleEe from the es1deace that
hE AYCAf n $50.
or b. osner cause, the mlnd Of deceased hAd D.
con.e impaired, AID ttA capacity to entertain a
sentuoat Of parental affection towards bis chu.
to eons!der such changes OF mental copdIion. II
proved. In connection With the ability Of the a.
ceAsed 70 tren btu mind from the delus,on ~ 10
ton. U he:ie.ed bo the Jury. upon tho evidence.
10 have e1uted At any TINS PRIOR to
TO The signing Of the paper tn question.
!. 1ftha Jury believe IRON lne evidence that
at any fle prior 10 the aignlnR OF THO pspes in
question, The complainant bad the es,eem and
spproharou Ct bis father, and that thereafter
the defendant, Mtcheal Kennedy, with the rraud-
1lent purpose OF lrnuencing tho mIud OF Ms
father against complatcant and thereby 70 H.
oasnss ard d rrsveDi The ;sa,s,or from msdng
anl communicated, Of caused olhera to comIuni-
cate. 10 hts father information to the eject that
the complainant had lnattgatcd lawsuit aEalnst
his father, and had In such suit, given false tes-
t!non7 agRinst his father; ard tha, lnch Informs
tien Tat. AID was known by said defendant to be
conduct Wonid amount IN law, TO undue influence
aud improper conduct and II the 1nsy believe
from The evidence that such undue indueuce con.
tfnntd Ia operate upon the mind OF deceaaed IN
to, and at the time tns paper In question was eI.
ecnttd. 10 ~ 10 control Tho vii OF the deceased.
AID induce hlm to d!sinherit sald comnalnsnt
when be othefwise would not have dpus 60 the
'elE sa!. "l MD f'F complainant and 'ss'n'' 'ueh
! II Is not Incumbent upon the complainant 10
make Gu. The fact Of the rfocutement OF eald vii
uftERh the undue N1uelcc menllOted in the
last Prccedirg destruction. By The Production, 10
The lc.y, o. direct ev:oencc OF suca undue i.a1-
unreb1tted BY oshcr proof convince the iQTy that
eucn nIdut Il 1aence has been exercised to the
ard With the result mentioned AID IN the instruc-
iDEalidate an alleged will that the testa&or ahoutd
be shoWn 70 have been scptfalIy fnhane, aud to
nsye Lost all power Of nica; II u enous ii Il the
1ory beliese from inc evidences that The paper
1T question. either fEom nuFound leluson con.
nected with a5y Of the subject matters therein
rroonct Of found niind aId memory. but Of ene ne
not capsule Of IEoxtuG the eond!uon sf bis es.
tate, and, remembering The natural objects Of hit
saa ,ed e.eI ~ Il, eopssaenas the
10. II the lasy be'ters from the evidence taAs
Attoe t!me Of alQa ai1k the paptr ii question the
mind OF deceAsed. from long continued alcoholic
drinking, from old aga, from mental Aad phys,ca.
over e1ertlop. CT from A1y other cause, hsd be-
come eLteebled and incapable Of prolonged mcn.
consdersd IN connection With the queation OF nn-
due tp11frCe, AID IN cn1nectlon with tie q1es.
meg 81 tas int5 q. q "a = a ns = d of
believe FROM The eViderce that 1t ono tins de-
cen1ed had each delnston ~ stated IN the fourth
tn1uucton tor complainant.
Al the reqrest o! 1espoudent1 ccupsel tbs
Cou1. save ihe following neaincacon to the fore
going Instruction.:
tho mtld Of this old mar. tbs testssor, NAY have
been, Hl'her fIon old axe, from The long. .conuo-
ted lae OF Alcobol.c drinks, Or from menill aou
atd had become en'eeoled aId Incapable Of pio.
ia1ast mental ac.,on, proven: siil. II The j1ly
as s'e fsGR 1ae IL seu,s s;denss ana'
Vii in question, be vas st,yl acqnaiaied With sac @
value ard extent Of his property, and recognized
tie exscs nature Of their relations towards hin,
and OF their respective Gains upon hts bounty,
MT AT he vas still capable Of recognizing n.ia
Rta1ituce, and Of feeling the sting Of nIial lngra:
1sEie; and OF hetrg acto8tcd hy upuyes Of cri-
nary rlLdeuce and discretion; aod that he was
Of sou.d n!nd ana msmosy,, and 40, subjected 70
aLy Gndae nf1e1ce, thu viii must stand.
IL TIE Inquiry Int the h2aits Of deceased as
70 dHrE, whether temperate or intemPeraie, ant
fte effect. II any. Of alch hAbiis upon The mental
capacity OF d. ceased. fs material inquiry in tol4
esAe; and II the jury believe IRON the ev1denca
that auy Of the Witnesses In this cause have
Knowingly testified falsely as TO suca haosts a. 70
eesseo. or to any other material TACT ia this
case, then 1t 10 the laN that the iary are xnrraut-
CD Ia distesardleR the remainder Of The test1mo-
~ Of other Witnesses. e2re where the same IL
cnTrooorated BY the Testimony OF w1.ueSaes whom
the lory deem worthy Of credit.
Il II The Jury ned the lssue for the complainant,
Philip Kennedy. the form Of their versiict will te:
"We, the lu1F. ncd that the paper tn question Is
Eor the will Of Michael Kennedy, deceased"
rENrIET.
Tho Jury were out tome twe1ty-eeyeu hours,
ano, at last, announced that an agreement wat
impossible They atood lcveu IN jAvor OF sus-
larIrE the VIII, and I'VE against II on the cIss
ballot AEh renRlEetl 60 until the close Tney
were accordingly discharged.
The whole pfnopnt OF property involved "a
ya1leuslJ estimated az from s.3o,eu5 to fi3o,o1o,
Railroads.