The Grange advance., 1873-12-10
The Duncan will Case.
Dec. 3, 1873.
BY }. G. ROBINSON.

This case was recently tried in the Circuit
Court for Calhoun county, at Marshall, in
Michigan. The trial began Oct -, and
was submitted to the jury, Nov. II. This
case is one Of more than ordinary interest,
on account Of the large amount Of money
involved, about $4,000,000, and also be-
cause large bequests were made to churches.
Thomas G.. Duncan, the testator, was
resident Of Battle Greek in this county !;
he died in Ireland in the spring Of 1870,
where he had gone to recuperate his health.
His will was executed as shown in evil
dence, ten days before his death. He was
able to hold the document in his hands and
to read it through, being aided only by the
lawyer who drew it, tracing the lines with
q pencil. He said g that is correct, that is
as I wanted tit is my will,' and signed
it in plain hand then called for another
document, letter directed to Rev. DR..
Johnson, a Presbyterian clergyman of Bel
fast, requesting him to take charge of the
will. 1t was brought; he signed it. Then
delivering both papers to DR.. Johnson, said,
&c This is the last Of this world to me-" and
asked DR.. johnson to pray for him.
Among the bequests is $4,000 to Bishop
Simpson, and to James Lang Of Phila-
delphia, $30,O0O; to the church at Plum
mer, Penn, $25,OO0; to the church at
Pitt Hole, Penn. $4,000; to Rev. Mr..
Leach, an aged minister at Plummer, $5,-
600; and to the NJ. E. Church at Battle
Greek, Mich, $4,000 He was not mar
ried he has five brothers who unfortu-
nately are Of the profigate class, and one
sister whose husband is Of like character
The testator was on earnest Christian, and
desired to use his money in doing good.
And for these reasons, as stated in letter
read in court, written to one of his brothers,
he did not deem it best to give the most of his
property to his brothers, but to other par
ties, and for purposes in harmony with his
Christian life. His mother, a widow. was
literally provided for, and each of his
brothers received at least $4,000 apiece
in the WILL excepting one brother and sis
ter. whom he had previously given at least
$4,000 apiece. Various other bequests
were made. Bishop Simpson, and James
Lang of Philadelphia, were named in the
will as executors.
The will was brought before the Probate
Court Of this county to be approved It
was there contested by one of the brothers,
but was approved by that court. An ap-
peal was taken to the Circuit Court and
tried there as above mentioned.
The plea set up by the contestants was
mental inability Of the testator to make a
will, and undue influence. But it was in
proof that the physician who attended him,
the family in whose house he died, the law
yer who drew the will, and the American
consul who officially supervised the execu-
tion Of the will, affirm that no weakness of
mind or delirium, was manifest they all
testified by deposition to his soundness Of
mind. The plea of undue influence had
still less support-not one of the legatees
were on that side Of the Atlantic, neither
did they have any correspondence with the
testator during his last sickness, nor at the
time the will was made. This being SUBJ
stantially the state Of the case, the intelli-
gent portion of this community were great
ly surprised at the decision Of the jury. Il
persons express their opinion on the SUBJ
ject, and but one who can be regarded as a
man Of Intelligence and principle has
spoken in favor Of breaking the will. The
prevalent opinion is, that if T. G. Duncan
was not capable Of making that will, then
ninety-nine hundredths of the Wills which
are made were made by persons who are
incompetent. The only solution to the
o'AoA60 SoUAS0 s0AcA Oy sAc JuEOES "AO
held that the will was not valid, seems to
be the somewhat prevalent opinion in this
state that man who gives his property to
churches, or benevolent societies, instead of
giving it to his relatives, must surely be
crazy. "If mans relatives behave them
selves half decent" soy they, "they ought
to have his property" Persons who en-
terrain such an opinion, and who also SYM
pathize with bar-room loafers and fast Hv.
ing, would be likely to see that Duncan
ought to be regarded as crazy, his will
broken, and his property given to his
brothers, one or more Of whom was 80 in. |
toxicated while on the witness stand that |
he could not talk straight
The case will probably come on for a new
trial at the next term Of court.
Bishop Simpson was here during the
trial, and though his health is not very
good he preached twice to large audiences,
and to the very great satisfaction of the
people. One of these occasions was in the
new Presbyterian Church, beautiful edi-
fee costing fifty thousand dollars, which