The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-05-06
TIIE sTEENRoD WILL CASE.

Tho CHSe ~ 'AShsN Z s--S ~ 80,
HSAsy gtantss SH
- the Editors Of he Intsiiigcnstf. 4 ND
LAsy6 observed several articles in tue
civ pfperS, and in other papers in reIa:
tio1 10 the StecnrOd will case, lately tried
at Wcllsburg.
This case has been and is a subject OF
considerable interest 10 your readers, 6.
.pecialIy in this city. propose 10 give I"
Short statement of the case, coming from
the side Of the contestants Of the will.
In the fall Of 1852, Daniel Steenrod,
then about 70 years OF age, made the VIII
under consideration, the noee=for winch
were written by Judge Thompson, his
sOu.in.laW. On Ihc 9th Of November lSG3,
he made his first codieil; on the 25Lh Of
january, 1868 lie made another codlcil,
written by Judge Thompson; on the 2Itl
Of February, 1864, be made another codl;
Gil; on The 10Th of, March, he made MS
last codiciI, written by Judge Thompson,
and died in April, 1864. ~
This will and CodiCils disposed Of an
estate Of IN quarter Of million of dol;
lars. and some Of his heirs, 70 whom he
left nothing, thought that the property had
been very unequGlly divided and they with
some Of his other heirs, who were per!
mitted 10 share tue crumbs which fell from
the rich mans table, filedR bill in chan
cery, hero TO set aside the will thus made.
The contestants Of this will did not
claim that for general purposes Mr.. Steen-
rod had not, mind sufficient 10 transact
his business; indeed it was not denied that
in the transaction Of his common bust.
ness he was well qualified, and even
sharp Ii waS,.- however claimed
that for many years before he made this
will, and up 10 The time OF his DEATH hc
very frequently declared that he intended
10 make an equal distribution Of his pro-
perry amoDgstthose Of his living children,
and the descendants Of his two dead chill.
dren, and at the very time he signed the
main will he declared to D. c., List, Esq,
ofthis city, lie had made as equal a distri'
button as be knew how TO make.
l. was claimed that he was evidently
influenced TO execute these papers which
he did not understand, and that he had
no conception that he had executed any
such papers. .,..a
1t was claimed that il this will and codi-
ellis should be established, that such a
will would be made for him as lie never
intended to make, had no knowledge or
memory OF making, and actually died in
total ignorance that he had ever done any
such act. ,-...--............,..
IN tic Fall Of 1865, the case was tried
by n Jury OF this county. The counsel for
the will were Judge KennOR; oil Ohio, and
Judge Lee, Of this State, the very first
talent Of the country. ....... ......
The'jury returned n verdict that these
papers were not the last will and c0dicils
Ol SIr. SteenrOd. u. as haa,4aE
During the trial two bills OF exceptions
were taken us 10 some testimony ruled
out, md some that had been admitted
which tho Court Of Appeals were Of Onin'
ion was wrong On the part Of the contest
ants, and reversed the decree, and sent Tie
case back 10 bG tried hgail.
In the Spring IF 1870, another trial
WINS had here, Iund tho result was d
disagreement Of tho jury-tcn for setting
aside the will, and two, for sustaining it.
In this statGOI the case Judge Thomp
son made n strong affidavit that the case
could not be fairly tried in this county
and prayed the removal ofrthc trial &c
q county other than Ohio or Marshall.
The court granted his motion, and re
moved the case to Brooke county, against
tho strong rGmOnstFanCe Of the contest
ants, who desired it to bg sent to Mar
shall, which was the most convenient
county In the circuit.
The case was tried last week in Brooke
and the Jury established tho will and cod
iCils rs tue hast will Of Mr.. Steenrod. The
Contestants have made u motion Tor q neR
trial, which will be heard here at tlit
next term In the ChNnccry Court
These paragraphists who haVc written
US first mentioned, seem to take 1t fol
granted that the last verdict settles the
case. So ii will, iIAllOwed to stand. Tho
first verdict did not stand, and this
may 10 set aside. and q new trial may Ii
granted BY the Circuit Court or tho Court
Of. Appeals. .......
The contestants arc not satisfied that
they had q tair trlal in Brooke county, but
on the contrary, believe tlnt they have
not. -.....,......... ......... ..'....'.
The Jury was composed Of eleven Dem
Ocrats and one Republican. It was
known long before tho argument tina
these eleven were for The will, and nj
they did after going out was to bring Oyel
the stray Republican, which they effected
IN tour or five honrs!: NJ. 'L
It seems to be claimed by one OF yOul
correspondents that because judge
Thompson had no legal interest III thls
large estate left to bis. wife, that he WINS .
lisInterested person in the event Of tho
issue. But It seems to mo that u man al
the age Of Judge Thompson, having 4
large family Of children, would look
mainly to their interests Indeed, under
ordinary circumstances, situated Us he Is,
| would say that one would live for his
children, ~ 81 .
There were reasons why he desired Ia
be excluded by the will from any inter
est IN this estate. H.. 1886.
On the 9Th OF August, 1861. he made .
deed, conveying every interest he had Il
his brother and brother.in. law, for tho
use Of his vile and children, for fear, us
Judge, Of the COntisc0tiOn of the same.
This is recorded in the books Of this
county, and l will venture tn assert, thai
it is the most remarkable paper ever re
corded in any book OEreCords, ,r
nNEs NV,,n L~Hn,VS