The Democratic advocate., 1882-03-04
Contest over a Will.

The ease of Sarah A. Hodges and /. Harris
Hodges, her husband, and DIR. John j. Cald-
well and wife, caveators of the will of the late
John Tolley Johns. of Baltimore county,
against Henry V d. Johns, the executor
named in the will. was taken up for trial in the
Court of Common Pleas of Baltimore city, ON
Tuesday before Chief Judge Brown and a jury.
The trial is ON issues framed in the Orphans
Court of Baltimore county. where the will was
offered for probate. An amount of property
appraised at $4,000 is involved, and there
are several counsel on each SIDE rs follows
For the cavcatorS, !. Neyctt Steele, h. J.
Cuttings Brown 4 Bruno, ID. G. Mcintosh,
j. l. Yellott and Charles +. Garitee. For
the caveatees there are r. II. Boarman, Judge
Hunter Marshall, of Richmond, Va, and Col.
Charles Marshall. MesSrs. Slinglutf Sling
huff were in court, representing certain parties
under a will dated in 1866, in the contingency
that their interests might be affected by the
result of this trial. Mr.. Stewart Brown made
the opening statement in behalf of the cavea-
tors, Hodges and Caldwell. The court, he
said. would have to pass ON FIVE papers, two
of them purporting to be wills. and three OF
them codieils. Objections were made by the
caveators or heirs at law, first, to the eNecu-
ton of the wills secondly. that John j.
Johns, at the time of execution, was not of
sound and disposng mind thirdly, that undue
influence had been used at the time OF the eN-
ecution of the documents. BY these papers
the deceased cut of his nearest relatives. his
only surviving sister, Mrs. Hodges, being given
5000 year for life, mere pittance compared
with the bulk of the estate. and had disposed
of his property in favor of distant relatives OF
the name of Johns He related the circum-
stances of the death of Mr.. John i. Johns on
August 10. last, and asserted thatit was caused
by his own hands. The last will, under which
claim Is now made. is dated November ~.
1880. and q cOdici to it December IL, 1880.
The other viii Is dated May l, 1873, with
codicils of June II. 1873 and August 3. 1879.
Mr.. Brown produced notes of DIR. Steuart to
shosy the frequent visits Of deceased to Spring
Grove Asylum during 1876, -, -. 80, 80
and 81. and also records from ST. Vincent
Asylum and Of the middle police district. the
hast 10 show the number of times Mr.. Johns
was arrested and { what offences.
Judge Hunter Marshall made the opening
statement for the executor, Mr.. III. '. u.
Johns. They did not intend to deny that de-
ceased had led life of dissipation. but claimed
that whea abStaining from drink he was fully
competent for the transaction at any business,
and that TO the close Of his life he had taken
due care Of his property At the time the last
will was executed deceased had totally al
stained from Intoxicating liquor from Noyem
dav the will was executed. November NJ.
1850 he went to the offiee Of Mr.. ". Y. D.
Johns. asked that his papers h. sent for. and
locked himself IN a private room. taking La
trslhe Manual with him. He there wruie the
will himself Subsequently he proclaimed i
tn be his last vill and testament, and asked
the witnesses 10 sign H. The eodicil wBs al
tered f,H good reasou. a. Il did not describe
sufficiently accurate the property intended 10
he devised Mr.. II. V. u. Johns never knew
the contents Of the viii unsil Mr.. John /.
Johns chose to tell him What they we're. nder
the wills above mentioned the bBlk oi the pro
per;v Is left % = son and grandson Of the late
Bishop Johns. of Virginia. and about ans-
third 10 Mr. II. Y u. johns.
Charles Wheasley. clerk % the rcgisicr of
wills of Baltimorc coauty. produced the 's'iis
aud codieils.
". A. Russell and Reis,rr RUSSELL ho,h oi
Reisserstown. testified Co their signatures APP
pended 10 the wiil of 1873. snd that ths dssca-
ulent was Acknowledged 81 be hi- last vii BY
Mr. Iohn Y luhnS
The trial sill JsTalsahly h. a very long one.
~ over one hundred witnesses IN aii have hern
summoned.