The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-04-16
- ,,;von m he honda and chooses in action

lad given all his bonds aud chooses in actor,
o Mr.. Boceck absolutely !; aud he expressed
fIaeire Ia have some change made In toat
,lause of his codcl. But the letter from Mr..
8oco.k satisfied him th,tit wasal right, 'nd
that TIA proyisious were just as he had d!rect-
ed and desired them to be. That letter repre-
cents fine state of the case truthfully, and In
forms Mr.. John on that be may revoke bis cod
icil altogether, or may alter either by execu-
ting new codicil or by giving orders on him;
and actually sends him formulas by which the
teslator can take every dollar from MN anu
give It to whom he will. Ii, is objected that
Mr.. Bocock makes The order payable TO the
testator's "relatons," knowing that he was
ayerse utterly to giving them anything. but
he tells him in his letter that Mr.. Ihornhlil
can make any changes he may wish 10 THESE
foryaulas, Ii Mr. Bocock inserted "resa-
tiorssU in the formulas to ultimate not tnat
he should. but that be should not make dls'
nos;,ion in favor of bis relations, he does
nothing TO guard against his making pro-
vision in favor OF his ilIegtimate children.
Il was also urged in argument, IN this con-
uection. that Mr.. Bocock ought to have gone
IN ace Mr.. johnson in order 10 aid him 10 the
nrenar,iion Of any papers be might wish to
nave prepared in relation to the disposition
of his bonds and other chooses, or the money
to he collected on Them If be kept away
from Mr.. johnson to prevent him changing
his codicil, or from drawing orders on hiin
in favor of other parties, such conduct "ou'u
deserve the severest censure ana Fep' ooa
ton. and might be treated as fraud upon
those in whose favor the change was cohten.
plated; though even such conduct cou'u no1
effect revocation of will when nau peen
duly executed, or defeat the prooate tneieo'.
Though the fact, if it were so, couiu not uneIs
the issue involved in this sun, justice itnpe's
me TO say that, in my opinion, sucn an ln'el-
euce cannot be fairly drawn from the iaG's
appearing in this record. Mr. boco,h W
his letter bad plainly informed MT. Johnson
of all that was necessary to enaoic nun "
change the disposition OF his oonos' ~
which he had made in bis codlcil, ana ID
formed him OF his perfect right TO
MAKE ANY CHANGE
he thought proper and to give the property
to Whomsoever be chose; and furnished nm
with the proper form CT an order on him to
effect such change, which he informed him
he would respect. Thus giving him all the
information he needed, and every facility to
make the change which he could have al
forded him if be bad been personally pres
ent, it is not fair to presume that be stald
away to prevent him doing what be had
already given him every facility for doing;
especially when better motive can be
assigned, and with better reason for his con-
duct.
Mr.. Bocock was aware that it was Ia the
power of Mr.. johnson to change his will at
pleasure as long as he lived and retained testa'
mentary capacity, and that the bequest 10 him
was conditional, and that it was in the power
O: Mr.. johnson TO reder it valueless simply By
giving orders on him. and that Mr. johnson
was aware of il. He knew also that the dis
position which he had made in his favor was
known to his Legitimate children, and he
had reason to believe would be made public.
and that the numerous persons who would
feel that they were interested to defeat 1t
would have unrestrained access to johnson,
and would probably bring every influence
they could against him. Yet it does not ap-
pear that he did anything to guard against
these Influences. He did not keep the dis
position made in his favor concealed from
,Johnsons family. which would have been
the most et1cctual; nor did be speak word
to Mr. johnson by way of caution, or to re-
strain him from giving orders on him; but,
on the contrary, told him that he would &C
cep. his orders, payable when the money was
collected, and which would be good after his
death. Aud when he was informed by Mr..
Thornhil that influences were brought to
bear on the mind OF Mr.. johnson 10 induce
him TO change this clause 10 his codcll he
wrote to INN informing him that he had
perfect right to do so, and that his wishes
should be carried out by him. And he fur
nishcd him with every facility be could to
make any disposition he thought proper Of
the funds which were in bis hands. In the
conclusion Of his letter he says: GAS soon
as my business is through l viii be down."
But he never went to Mr. Johns0n's house
until after bis delth. He bad right to pre-
sumo that after Mr.. johnson received his
communications if he waited him he would
let him know. He had given him all the le-
gal advice and assistance by letter that he
could if be were present. he preferred rot
10 engage in contest for bequeSt OF Mr..
John:on's property. He was willing to ac'
cept what he
FREELY BEQCEATHED HIM,
but he was not willing to engage in con-
test with the relations or with tue iIlcgiti-
mate children for il. He chose, therefore, to
surrender TO them the whole field aud to
abide the result without exposing himself 10
the imputation of gong there 10 exert a
personal Influence over Mr.. johnson TO the
prejudice of his blood relations and lllcSlti-
mate children.
1t has been held that person may by fair
argunentaDd persuasion induce one to make
a will in his favor. And 1t Is SAID by
Mr.. .Jarman to be the result OF the cases that
the influence 10 vitiIte an act must amount
to force and coercion, destroying free agency.
Jarvis on Wills, sc 10 40). Whether this be
true or not, there is not an item OF evidence
in the record to show that Mir. Bocock. by
any sort of intimidation or persuasion, in
tuenccd the testator TO give bim benefit
under his will, or that be ever minated 4
wish that be would do so. 1t is fair pre-
sumption, from the evidence, that the first
intimation be had ever bad that the testator
intended to make testamentary disposition
in his favor was whilst he was engaged in
taking a note OF his instructions. And the
intination seems to have taken him by SUI
prise. The testimony OF Albert and Wash
;ugton, reputed sons of the teStator, who say
they were present or in bearing when The
instructions were given and when the codi-
ell was executed, is positive and uuequivo-
cal to the effect That the dispositions made
=. Il ri