, 1873-11-15
THE DtrNGAN WILL CASE,

THE DUNCAN WILL CASE.
Tho famous Duncan will case, which has boon
on trial In Michigan for. tho past two weeks,
closed temporarily, Mt lcaps, OIL Thuratlay last,
1,y Disagreement OF tue jury. ten OF thom be-
ing In favor Of annuling tho will aud two Of
sustaining 1t. AS now trial will bo callcd very
aoon, aud tue cago, owing to tho largo amount
Of property involved, will become worry cclobrat-
cd in the history Of will contests, wo present
herewith q summary Of tho leading features Of
tho caBo. Alr. Thomas e. Duncan, tho testator,
lived for many years at Battle Crock, Mich,
whore some of his brothora and other relatives
still reside. During tho Pennsylvania oil oxcite-
ment, he went to the oil regions and laid out tho
plan Of Pitho'o City. ue bought up several
hundred aorea Of oil lands, aud, by selling at tho
proper timo to the crowds OF oxcitod fortune-
hunters who fooked thither, ho roalizod very
handsomely on tho Investment. by tho
imo that tho purchasers had discov-
cred the innumerable pit-holoa In TINT
region that swallowed up their money. Mr.
Duncan had amassed fortune Of over half d
million dollars. During his stay ut pithole, Mr.
Duncan received blow upon his hoad,-a fact
which was used as ono OF tho strong points by
the contestants, to shoT that his head was
thoroby Affected to such IN extont that his pow
ers Of reasoning wero impaired. In 1870, 10
went to Ireland, nnd in Juno, 1871, he dlod at
Whoat1e1d, noar Belfast. tn tho month OF May,
1871. ho mado four wills. Ono Of thom ha him.
eolf destroyed, in which his lrihh physicians
wero logatoos to largo amounts, ar. Duncan
satisfying them by giving them promissory notes
to tho amount Of their lcgacios On tho goth Of
May, just tan days boforo he died, ho made tho
fourth and last will. Ja1uoB Long, OF Philadol-
phia, and Bishop Simpson wore named tho ex-
ecutors and arc alBo 1eeatees, tho former to tho
amount of $4,000, aud tho 1attor to the handsome
little fortune Of $4,000. Tho testator had al
ways been Jealous Methodist, and a groat part
OF his fortune Was boqueathcd to Methodists,
both as individuals and as churches. Among
nature. He loaves, for instance, 325,ooo to fin
fsh a small church In Plummer, Pa, u building
that would not require moro than $500 to dn!Hh.
Ho alao loagea 910, QUO for romodoliug E church
in Pithole, Pa. On which could not bo expended
one-haif that sum. In another provision Of the
will ho dlsposos Of a house III Pittsburgh, but
tho contestant, his brother, William Duncan,
PRODUCES decd n,ndo by bis deceased brother,
conveying tho property to his mother, and,
though tho house il Hmall one On dareputa-
ble street, Mr. Duncan wills $40, ,009 to furnish it.
Tho chain OF testimony to break the will WIGS
very strong. Tho dopositiouB Of the Irish physi
cians showed TINT Mr.. Duncan WAS in very
feoblo state Of health whom ho nado tho Wills.
and somo of tho American playsloans testified
TINT tho medicines which wore administered to
him wore calculated to stupofy him and bonumb
his SENECA. Three Of his brothors testified to
several instances when tho tostator appeared in
ssno and worry unreliable In business matters.
Ono Of tho brothorH furthor testified that at
various times ho waa Obliged to transact all tho
testator'R business, ns tho latter seemed
to hnyo lost his memory. All Of tho
Michigan physlcans who were summoned, among
t1etn some Of tho most noted medical mon in
tho State, ayorrod that. for q loug timo prior to
Ills death, Le had been suffering from yalvu1ar
diHease Of tho heart; that ho was incapable Of
trnnHacting business and unable to comprehend
tho nature and spirit OF tho will in question; and
that from his weak, physical condition, and tho
effect Of tho blow ho received upon tho head III
1871, he way not III a fit state Of mind to mako
will at all. In addition to tho testimony Of tho
physicians and tho teatetor's brothers, thero
Ind known hlr, Duncan vol, who testified to
tho saulo offoot.
On the other hand, tho Witnesses for tho will
were equally positive that Mfr. Duncan was Of
sound mind mud bud oil his faculties unimpaiyod
whom ho made tho will. A number Of Chicago
physicians, among thom Drs. Allen, Gum.
Frear and JOHNSON, upon tho eamo basis Of
fuctB which tho Michigan physlcians had boforo
them, reasouod that tho teata!or's mind was
clear aud that tho blow upon tho head mud tho
discaso Of tho hoart could not produce tho oirocta
sworn to by their Michigan broslron,-a worry
significant commentary OIL the value OF tho tcatl,
mony Of medical exports III u caso involving iii
important result. Tle remaining witnosBes TO.
tho will wero Mcthodissp, who fought stubboruly
| for tho handsome sums which lilo toBtator hut
loft to them individually md for tho
bcncnt Of thoir churches. Among thom wore
Bishop Simpson, half-a.lozen minisera mud
largo number Of laymcn, not ono Of whom lat
oyor noticed anything peculiar in Mr. Duncan.
conduct or any defect in hiB momory. Mono O.
them had ever heard him complain Of hnviuf
received M injury on his head, md all agreed /,
couaiderIng him man Of sound business hnbits
Of moro than ordinary intelligence, md per
fcctly capable Of making Il willard leavip1
anug lttlo fortunes to tho Mothodlsta instead q
to lin 1olatiyoa. Their sagernoss aud positive
ness to savo their beQueats only shows tia
p!shopa aud o'orgymcn aro compounded out o
tho uamo clay as tho worldly, anil hayo the sam
traits OF .uu,nAn nature when filthy lucrc"
involved.