The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-12-01

|
! Mr.. arroyo withdrew the resolution
| The returns OF Caddo were canvassel, and
the board adjourned until II o'clock this A. NJ.
FIT TO MARRY BUT NOT TO WILL.
| M. 0. Walker an old resident Of Chicago
died in that city several months ago. He made
very little noise during his life, his business
being money-getting in quiet way, but he
managed to scrape together two millions and
a halt, and that is making noise now over
the old mans grave. NJ. 0. Walker was very
stubborn, eccentric man and did queer things,
but nobody thought Of intimating during his
life that he was not Of sound mind. Neither
did anybody suppose that he could be driven
| to do thing he did not want to do. He al
ways did as he pleased, and on this principle
he endeavored to make provision for the dis
posal Of his two millions and half after his
death. He made his own kind of a WILL and
this instrument is not in accordance with the
views of some OF those he left behind him in
the position Of heirs
He forgot none of them in distributing his
posthumous tavors, and yet they want to make
it appear that the old man was not of sound
memory. Walkers natural offspring did not
please him. His boys appear not to have been
after his own heart, however much they par
must have pleased him better. Walker made
Il will, under the guidance Of lawyer, and in
the presence OF witnesses-one of whom is a
physician. He left 500 year to his house
keeper Mrs. Morton, and $500 a year to each
Of his sons, during life, his property to be al
lowed to accumulate for the benefit Of his
grandchildren, should there be any; if not, to
be divided up in charities TWEEN .y-one years
after the death of his sons.
After making this will, Walker went straight
home and married his housekeeper. Then his
attorney informed him that by special
statute in Illinois a marriage entered into sub
sequent to the creation of will renders the
document null and void. Hence the necessity
for codicil arose, and it was made. While
the attorney was drawing up the codicil, he
suggested to Mr.. Walker that his sons mi ght at
some subsequent period renounce the error of
their ways and each Of them lead a better life,
and the old gentleman was induced to change
the conditions Of the will from $500 per an
mum each to the boys to $4,000 each, subject,
however, to approval from time to time by the
trustees. The codicil, with this exception,
reafirmed the conditions of the will. Soon
the old man died
Mrs Morton Walker the widow, believed
herself ill-treated in the division Of the prop
erty and brought suit to break the will, on the
ground that the old man was not of sound
mind and memory when he made it. He
could not have been in good mental condi-
ton, therefore, when he married her, accord |
ing to her own plea. She seems to be in
dilemma -Four hundred dollars year was
pretty fair remembrance for housekeeper,
but not adequate for widow, therefore
his mind and memory were at fault as a mar
ried man. But if she is to be regarded as |
lawful widow she must prove that her hus-
&c
he married her. and the marriage and the |
codicil came so close together as almost to be |
considered one act. But the widow is fight
ing for her third of the estate, and the sons
are defending their rights under the will, and |
charge that their step-mOther married their |
father against his own will and better judg- |
ment.
Under the statute two witnesses are obliged |
to testify as to the mind and memory Of the |
deceased. One of them-the physician
believes that Mr.. Walker was of sound mind, |
but concerning memory he has no opinion,
because he never examined the old gentleman |
on that point. The other witness is positive |
as to both sound mind and memory. There
can be thousand witnesses obtained if want
ed, to testify that they don't believe Walkef
could have been forced to do anything against
his will. He doubtless married his house
keeper because he loved her. and of the mar
riage there can be no doubt, for the minister
lives and the church records are not burned,
as sometimes happens, to make mischief in
novels and plays.
In the meantime, the lawyers engaged have
an exceedingly good thing in hand. and if
they don't get the heavy end of that $780,
900 before they are done with the case, they
ought to abandon their profession and go to
saving wood. II well nursed it can be dragged
through the conrts until there is nothing at
Ill left to drag, and can make the fortunes Of
two or three generations of counsel. 1t is one
Of those cases too profitable to the legal gen
tlemen to be settled at all. Self-interest DUR
ing its tendency may reform the sons, and |
that much real good might be accomplished
by the litigation. If they were to go to work
and provide grandchildren, there would be
little or nothing lett for them. now.-.S. Louis
Republican,
MOUNT CARBON CoAL-65 CENTs-13S GRAvIER