, 1875-01-10
u. O. WALKEH,S WILL.

The breaking Of the late Ii. G. WA1mE's
viii, to which the refusal to admit it to pro
bate is equivalent, is matter :Eor general
congratulatlon to all the parties interested
The will was q revival Of tie old system Of
entallmeat, and an assertion Of tn question
aole privilege Of o man to exercise control
0ser his worldly effects for several generations
after he has passed away. Mr. WALKER pro-
posed to control his property for two genera-
lions at least; and, if he could hive done so
with the obstinate and iigious. spirit which
he exercised during life, there is ITO question
tut this control would have bee1. very abso-
ute and arbitrary. The original will gave all
The property to four executors (M ess1s. MARX
ek1SSER, ROBERT Hill, HEERY &. WILTON,
and JOIN L. TYRRE11 to hold in trust for the
Following purposes: To pay Mrs. MARTHA G.
MOTION, MI. WA1TR's housekt:eper, an an
unity Of $400 during her naturoI life, and to
zach Of his two Sons the sum Of $500 year
during their natural life. Unde1. certain con-
nhons, and after the lapse OF :s. certain Pc
1od, the trustees were authorize to increase
the sons annuites to $1,000. P .ovision YVES
estate was to go to the heirs of the sons in
case Of the death Of either, to The heirs Of
me other; in case Of the death IF both, to
oe set aside, after an accumu1aa ion Of the
!en1s and profitsfor twenty-one ye. uB after the
oecease OF the Last surviving son, to such
educational, scientific, or literary institution
g NE trustees might designate.
will L.
nate on the following grounds: Fl rst, it was
set up that Mr.. WA1KEn's marriages absequent
!" the making OF the will Che havn .g secretly
married Mrs. MORTON, his housekeel .er, short
stterward), vitiated the will While this
~as tue, it was held that the codi ell to the
VIII, made subsequent to the mer1 :iage, ren-
oefed not only the codicil but the Kill itself
'a1o- Judge WALLACE, however, sitter hear
.ns the testimony in the case, hs decided
mat the soundness of Mr. WA1AEE' memory
u the time Of adding the codici]- was not
Po'ed' and he has, therefore, refu sed to ad-
a''t toe viii to probate. The, counsel
44 contestants applied for the appoint
nent Of Gen. CHE11AN as 81 lministra-
'of' end the appointment would aave been
sonnt1ned were it not for the ref1 1sal to fle
ne e1orbitant bonds (s2, 400, ,o0o) d emanded
a = appeal to the Circuit Court will probably
IL tne bonds at q more reasonab1 figure,
1to 1ne evident disposition of all parties to
promise promises solution Of the diff
so.aes II the case without further itigation-
=, Il Is In the interest Of all parties concerned
va .s1 there shall be no more law PIT ,ceedings.
-4se most estates, the value Of N Z. WALK
.3s Seems to hare been grossly e1 aggerated
" popular report. It was genera lily repre-
oeo "n8ed aa worth from $4,000, 600 to $780,
w. It now appears that the actual
Aae of all the property does not e1-
ssea u, 600, GOO, and there are debit amount
@s u to 5000 to be deducted Il ae1efrom.
y litigation were continued the amount
accruing to the wife and two sons
soa.a not be extraordinary, if We nay judge
y = 1ae counsel fees already allow. ed by the
''ozt Though the entire proce edings in