Daily Kennebec journal., 1882-01-19

counsel Mr.. Heash eissed hin .laar,., to
the jury, = follows:
M HxAra's PraoRArlox.
There lying in the gioaaine, in the tui-
| Ign. o. lie and day, his eyes heavy With
oe.tn ofank IN her shadow - they traced IN
spift lines upon the vail. For thirty sum-
@ers; to him, wife. mother, sister, daughter.
~, nieno' cen her shadow the dumb man loved.
one came, . ninissering angel. 70 strev his
P.tnway to the doors of death With the rose,
OF love- He turned his weary head: his love
III eyes frightened, then saddened. Cl,spine
ner hand with affection, raising his arm
toward heaven. with upturned eyes, tears
coorsing down the furrovs of his time-voru
cneek, the silent man bade her meet him in
tne Great Hereafter, where the deaf hear and
tne dumb sing for JOY. Down into the VAL
icy OF the Shadow of Death, he vent, 4
ChristlAn, gentleman, . mar He died
happy in the thought that Margaret, by his
loving will, would be shielded in the autumn
OF her life. Living. he loved her: stricken.
ne willed her the half of air he had, that her
youth OF poverty might be an old age of
ease; dying. he blessed her.
May your verdict record his dying, loving
~sh, IN imperishable letters upon the
records Of this Court"
JOY "Cfc Jul An 9Our, and returned
a verdict sustaining the will, upon the issues
OF capacity, intention, and undue influence
raised BY the defence.
JUDE PETERS CHARGE.
1t is needless to say that the charge of the
Judge, like whatever passes through his hand.
was well done, stating, after his manner. the
positions Of the counsel on both sides, and
summarizing the evidence under each
AmnnO H..
sound mind is required,-that means q mind
sound enough properly to devise or bequeath
property. II may be the lowest degree Of
mental sOundness. Mere intellectual feeble.
ness 10 not enough to constitute unsoundness.
DtSposinQ mind means so much mind and
memory as would enable q man to transact
common business with that intelligence which
belongs to the weakest class of sound minds
tie might not be able to make contracts.
except Of simple nature, and might not have
the ability to manage an estate and still have
the capacity 70 make . will. A disposinp
memory exists when a man can remember,
at least with q general deiniteness, what
property he has, its condition generally, not
niihuteiy' ms relations to those persons to
whom he gives, and also to those from whom
he excludes his bounty. He must have actire
memory enough to bring to his mind the
nature and particulars of the business to be
transacted, and mental power enough to
appreciate them and to form some rational
judgment in relation to them. sound
mind does not mean Q man of common sound
ness, not an average; there must be the low
est and highest to make an average
"lf you are satisfied that the testator ex-
ecuted the paper with the belief
that he thereby gave to his brother
and his brothers wife such property az he
should possess when he should die, then you
will be authorized to regard it as q valid will
and testament, though he might not really
know what the will was. 1t is enough that
he understood and appreciated W hat the effect
OF the act would be, though he had no
knowledge Of any of the forms pertaining to
it required by law. In popular terms, he
must know what he is about Ordinarily,
though not always, a less degree Of intel
lect is required to make a will than to
make a contract. know of NO different rule
for this case than for any other. That the
testator was deaf and dumb does not change
the rule. which is general. The application to
particular cases is for the jury" The Judge
also held that person under guardianship
could make a will. il of sufficient intelli-
gence.
At the close Of the charge, Judge Peters
paid the following deserved compliment
''Gentlemen, in nearly forty years observa-
tion in Courts, l have never seen case tried
with better ability than that displayed in this
case, upon both Sides"
Your reporter feels justified in adding that
Mr.. Heath, only twenty-eight years of age,
has by his efforts in this case raised him
self, per saifum, to the front rank of his pro-
fession in this State. JDP.