The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-07-14
From the Wythevlle Enterprise
How Important tt Is to be Right to

The proverbial SAYING that one should he
right to Il ct" has never received q more
emphatic veritication than In q case lately
decided by the Court of Appeals. now sit
ting ut this place. One of the most impor-
tant cases on the docket at this term was
that OF Raper VS.. Sanders, q brief abstract OF
which we published last week. This suit
was originally brought in this county by
the heirs of stephen Sanders, decd, against
Robert Raper, but was removed to Wash
ington county for trial, and the appeal was
taken from the decision of the Circuit Court
Of that county. This case involved the large
sum OF some 10000, and originated in so
remarkable manner, and from apparently
30 trivial q cause, that we have deemed it
worthy Of especial mention. The facts are
as follows:
In the year 1919 Stephen Sanders died in
this county, leaving Il will duly executed
and admitted TO probate, by which he de-
vised to his widow, Jockey NJ. Sanders,
his entire estate, SO long as she remained a
widow, subject TO the control of his father
and executor, Colonel John A. Sanders,
but the possession to remain with his
said widow during the continuance
of her widowhood. The testator fur.
Their provided that if his wife should
marry after his death, she should take only
one-third of his estate, and the remainder
should be Immediately put into the posses
sion of his executor; and If in the opinion
of the latter it should any time thereafter
he most advantageous to the interest Of the
testator's children to sell the entire estate,
and loan the money at interest for their
benefit, he was authorized to make such
sale whenever In his judgment it was pro-
per so to do.
Now, when the executor bethought him
l.. 70 ea1l ha al,
toned clause, he had recourse to legal ad
vice in order that there might be no mistake
about the matter. The counsel to whom
he applied referred to the will as re-
corded, and not to the original copy. 1t
seems, however. that the clerk in re-
cordng the will had changed the word
"thereafter" into thereafter" by the
omission Of the letter "T," which marked
a very material alteration, and resulted
most disastrously for the parties concern
ed. 1t will be evident to all who read
the extract we have given from Sanders's
will that the executors power to sell
was contingent upon the marriage of the
testator's widow, and il any time there
after he thought advisable the property
might be sold. But the clerk substitu-
ting hereafter, it was construed as having
reference TO the date Of tho will, and CIV
ing unrestricted power to sell, without
the happening OF any contingency. I'm.
der this mistaken view OF the case the
executor did sell the property to Robert
Raper, who paid him for the same. The
executor afterwards becoming insolVent,
this fund died on his hands, and the heirs
of Stephen Sanders, not having received
any benefit from the same, brought suit
against Robert Raper and the executor for
the recovery of the estate. The suit has
been decided by the Supreme Court In favor
of the heirs, Us stated last week, and MIR.
Raper will be required to pay for the estate
a second time.
1t is evident that all this litigation and
loss has been occasioned by the clerks
omission of the letter ct" in "thereafter''
when recording the will. Had the original
will been recorded US written the executor
would never have been led into selling, and
the lawsuit lust terminated, and the conse-
uuent .pecuniary loss, would have been
avoided. So the maxim that 1t is very I'M
portant to be right to st" Will DC re-
ceived hereafter with additional reverence.
The venerable wife of our townsman,
Judge Daniel A. Wilson, died at the resi-
dence Of her husband in this city yester-
day, OF paralysis, in the 18th year Of her
age. The deceased was truly most estima-
ble Christian woman, and her death will
carry sorrow to the hearts of many attach
ed friends and Notwithstanding Neaos.
-
LYNoHBURa AND DANvrLLE RAILROAD
The contractors have received orders from
Major Vandergrift, chief engineer, to quad
} uple the force now at work, which will be
done within short time Chatham Iri-
6une.
PERsoNAL.-Hon. jefferson Davis, ex-
President of the late Confederate States,
passed through this city yesterday morning
en route to WashingtQp eity.--Lyneh6ars
Republican,