Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-01-02
HOHANCE III THE CIRCUIT CoUsr.
The Aulfck Will Case
sKCRET MARRIAGE AND The HUSBANDS
SUDDEN DEATB-THE WILL Is FAVOR OF
The WIPE SUSTAINED BY TIE COURT.


The WIFE SUSTAINED BY The COURT.
This morning in the circuit court. (Judee
CARTIER the case Of Aulick sgt. Allick WAS
called 1t will be recollected that DIR. Ralph V.
Aulick, a son of Commodore Aulick, died very
suddenly At hs fathers residence in this city,
some months ago, the family believing at tue
time that he was unmarried. On the following
morning, young lady, employed in the Treas
ury department, known As Miss Oer, on hear
ing the announcement of his death read from a
nevtp!per, tainted, and il was soon made
know "A that the deceased was her band.
In October last the Will OF the deceased made
in Philadelphia in Nav LAST was filed in the
probate court. by which he left his property
consisting OF ten shares OF Cincinnati Gas-light
compsny's stock, worth nearly $50. OOO-to his
WIDOW. The father of deceased filed cayeat
TO the will, and the judge ordered that issues be
made fer trial at the circuit court. According
~ the issues were made as follows: LIST. Whether
the testator was at the time Of making the pa
per-wrltlDg, purpOrting TO be his last will and
testament, OF sound and disposiDg mind, and
capable OF making q valid deed or contract; and
ID. Whether the execution Of said paper was
procured by fraud, artifice, or undue influence.
This morning, when the case was called, Mr..
Davidge, who appeared for the aveaturs plain
tiffs), said that he had made diiigent use OF the
time allowed by the court to prepare the case,
and he had come TO the conclusion tn at he lad
not evidence sufficiently strong to maintain
either of the issues. He stated that the de-
cease In ISL was afflicted with a seve malady
which STACKED his brain, and that subse-
queI thy the family entertained the belief that
the disease had some What impaired his mind
In March, 1S72, he married in the neigh
boring city OF Baltimore, and he took pleasure
in stating that he had found that the marriage
was duly solemBized. although il was claudes-
tine marriage and the knowledge of it was
carefully concealed from his family. In NAV
following the will was made bequeathing all his
estate to his wife. The bulk OF mis- property was
In stock, and in justification of the action of the
family he would state that the stock WAS re-
ceived by the deceased from his father January
s'b, 1854, to whom he gave a paper Obligating
himself that he would neither sell or dispose OF
said stock during the lifetime of his father with
out nrst consulting him. He was a young man
who was under solemn obligation to his father
and yet he broke that obligation. Not being
armed with that degree of evidence which would
warrant his going to jury with probability
OF success, they were unwilling that the frailties
OF this young man should be dragged from their
dread abode. He would further state, that after
conferriDg with the family, they cheerfully
agreed not to further interpOse object ons to the
probate of the will. He was willing tnat the
court or counsel on the other side should take
any course they saw ht-t0 call the plaintiff or
60 to the jury.
Mr.. Merrick, for the widow, said that there
was no course to take but to obtain a verdict
. A jury was accordingly sworn, and the issues
beirg read, they returned q verdict that the
testator was of sound mind at the time of making
the will, and that il was not procured by fraud
artihce or undue influence.