Daily Republican., 1878-12-03
OUR COUNTY COURT.
The DOugheri3 VIII Case-Argu-
snents Of Coansei-Judge WOOt-
tens Charge 10 the Jury--The
Rey bold SheriH's Sale set Aside -
ApplicatiOs FOR u New Trial Re-
fused
New CASTLE. Dec, 2. 1878.

u IVY sbs's" DUsV w. NS1uS
:. Applicati0s for u New Trial Re
Y fused.
/ New CASTLE, Dec. 2, 1878.
a Court opened this morning at II
. clock. Judges Comegys. Wootter
D and Houston on the bench.
Mr.. II. Chandler an applicant for ad
e mission to the Bar, npon favorabl,
report from the Committe. on examin
p alton, was admitted to practice in thi,
Court.
The panel in the Dougherty will cas-
being called and all members answer.
ing the argument was opened. Mr. Lore
after addressing the Court for short
time, asked their Honors to charge the
jury upon certain points of law setting
no the testamentary capacity Of the de-
ceased.
Mr.. Whiteley followed, claiming that
there was indecent haste in making the
Will; that it was George Jr.'s will and
not til. old III MS; the will was written
in February, 1876 and not taken to tn"
Old man until Is months afterwards
when lac was too near dead to know
anything that he was doing; tha
neither Mr.. Fraim or tn. other attest
ing witness made any attempt to test
his mental capacity; and that Fraim
actually signed the old mans name and
made has mark for him. Mr.. Whiteley
also alluded to tn. previously express.
Ell intent ion ui the testator not 10 make
a wall as he wished his children to
share alike. lie spoke for u tritle over
ali ho1r.
sir Lere then closed replying to Mr..
tNhitriay 4 arguments and setting forth
tn" strength Ct the rvidcnct as to the
proof pf the testainrntary capacity OF
dc"rge Dongherty, 81. lie claimed
! that iIis siie had shown that this was
a natural will; made in pursuance of
/ previously Expressed intention, and
executed when the testator WAS ol per
irctly sound dlsposlng mind auI nrmo
lry
judge Woot.en's : charge 10 the Jury,
closed as follows:
Every man of full age mas right to /
''TP'@' W Ms p''INit " ~ VIII uhltSS II
can he shown that hr Is insane. MN
coBtD0s meatiS, of uDaound mind, or that
he has not. as is called, a sound dis .
pu~ing mind ami urnory. A sonnd /
mind ls one wholly Tree from ,leu>ion.
with ali the faculties existing in II ter
taio drgree, the pruponsiLles and at
lecNuns being under the control Of tn.
ops alton of the will with lust per
ceptlon OF the rational connection and
significance of ideas. Weak mind again,
only differ from strong ones IN the ex
tent and power of their faculties; and
proof ol their capacity j. usually tested
by the fact that the individual talks
and discourses nationally and ssnsbly
and that he is fully capable If any act
r~qulring thought, Judgment and re.
iirctlOn.
How far weakness Of min | may exist
without affecting mans trstamnntary
capacity iray h- defined in tew words.
He must have Judgment, thought anl
reflection sufficient to know what he is !
Tong ana how hs is disposlug Of his
property and his pnrpos" in 50 doing; !
&ni this must b" at the tim" when the l
VIII Is executed, signed and witnessed. :
You must apply this test of capacity to !
the ease You are about to Lave in o
'LarGe. Had or had not George Dough I
r. y when he Signed the paper purpOrt. !
my to be his last will ANA testament I
such capacity If he had he was COM /
petsnt to make his will; if he had not
ne was not competent. /
Now we come to he only rem aiming 7
question tor you: Was there, or was !
mere not sucn undue Influence used
)vrr George Doupherty AZ he was too D
soak or unable to rcsist--Such as to "
ieprlve him of lis free will and agency Il
/ you are satisfied that the viii was 81
made under such undue influence, con. I"
rary 10 the wishes, intentions, and II
preferences of the trstat0r, it will be
ulhclent tn vltlate it, but neither ad-
lee argument or persuasion would b- =,
diiiclrnt to vltatr will made under =,
conviction vf right, though il might ~
"t have been made but for such ai- w
Ice OF persuasion. Mere solicitation !"
Il | not he sufficient to vitate A will il VI
he teStatOr had knowledge Of what ~
e was doing. But if from age or int w
lIity the testator We're induced to max a. a.
will contrary to ms intentions, ana u
taInst his wishes, thrUngh undue in ",
urnce, it would invatidat" the will. VI
IN this point. the age and the bodily III
nd mental condition Of the teStatOr,
rs condition and circumstances, hts
nown aItections and preferences, and m
le correSpondences or contrad jtiOus vi vi
the vii as to these facts. TIE '"
'aklns OF the will, the persons arOund 'V
I'M at tine time and their capacity AMI ~
are all facts to he taken into -
by you. '''
In considering the evidence if Won at
nd u conflicting, you must reconcile "'
III harmonic it so as to give effect to W.
all if you can. or if it Is too coniict
Z to be harmOnized you must give :
edit to that portion which you be We
ave most entitled to credit and reject
at Won believe to be least entitled tuI
edit. In judging OF the crrdlbiIity OF ma,
e rVid"nc" you should consider the ay,
aracter and intelligence Of the wit
ssts, the consistency of their testl- wil
my, the banner in which 1t was de- Uo
cred, their opportunities for observa
N and their means Of knowledge. rr,
in giving you the law fla
plicable to this case and which is Me-
cessary for you to have to enable y"u
arrive at proper and Just conclusion,
rave quoted largely from the opinions tlo
d language of our distinguished jur-
> who iu days gone by sat uDon this
nch and some of whom | had the
assure of knowing personally. They in I