Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-06-29
is 1T
The Third. Trial Of a Celebrated
Case.
The Verdict Rendered in the Shepherd
McMechen win Case, at Mounds
vile, Wednesday-Th The Will
and the Cause.

At one o'clock Wednesday afternoon the
Jury in the McMechen contested will case,
on trial before Judge Jacobs, at Mounds.
vile, brought in 8 verdict setting aside the
will, thus turning over 10 Alcinda c. Nc
Mechen, wife of Shepherd McMechen, de.
CT ased, the entire estate left by her hus
band at the time of his death, amounting
IN the aggregate TO about 500, 600, thus end
ing for the time being, at least a cause
which has been in litigation for upwards OF
eight years.
Il FACTS IL THE CASE,
embracing Shepherd McMechen's sickness,
the drawing up of the will, and his death,
are about as follows:
About the l7th;of October, 1874, Shepherd
McMechen, then in the forty-seyenth year
OF his age, was seized with asvlolent attack
of Inflammation OF the bowels. At the end
of a week, being advised by his physician
that he could not recover, he sent TO this
CITY for Hon. J. H. Good, to repair at once
to his residence and draw up his will.
Mr.. Good at once repaired to Moundsville,
arriving at Mr. cMechan's residence about
2 o'clock on the morning Of the 9th OF
October. He took down the will as dictat-
ed to him by Mr.. McMechen, in the pres
ence OF a number of relatives who were in
the house at the time. Before signing
it deceased asked his wife if
SHE WAS CONTENT
with its provisions, and she answered IN
the affirmative as was testified to at the
trials. Deceased then subscribed and &C.
knowledged the document as his last will
and testament, and il was signed by the
witnesses in his presence. Some SIX weeks
after Mr.. McMechen's death, which oc-
Cured in twenty or thirty minutes after
the signing OF the will, the executors, VIM.
NJ. List and Jesse McMechen, resigned, and
| on motion OF the widow, Vincent Cockayne
was appointed administrator with the will
annexed, and on presenting 1t for record,
took oath to its being the last will ald
testament of Sheppard McAechen, as far
as he knew.
About eight months after the death OF
her husband. his widow resolved to con-
test the will, and the case came up for trial
in 1875. On a decision being reached a
motion for a rehearibg was argued, aud the
motion being granted, a second trial was
begun on the 10Th of January, 1877, a yer
dict being reached on the l9,h OF the follow
ing month. The Court OF Appeals ordered
a rehearing, and the case came up before
Judge Jacobs on the 18th OF the present
mlODll, eHulnR Oh heuueSuay, a. SI3t0u AZ
THE SETTING ASIDE
OF the will. The case hinges upon the ques-
tiCn OF whether or not deceased was con-
scious at the time the witnesses completed
the will by their signatures, and in regard
to this the evidence was contradictory.
Five witnesses testified that after the de.
ceased had signed the will his wife laid
down on the bed and asked him If he wished
to be buried in the cemetery at Mounds
vile. and to which question he answered,
yes" His wife testified that he did not
answer, and was unconscious at the time,
the will then lacking the signature OF the
witnesses. This was the pivotal point, and
on it the verdict rested.
The Jury retired at noon on Tuesday last,
and that evening, it is learned, stood six to
six. On the folio wing day, at noon, they
sgreed, and at one o'clock delivered their
verdict as above. Notice of an appeal was
at once given, but what the result will be
is OF course not yet known.
The full text OF the will in controversy
is as follows:
THE WILL.
|, Shepherd McMechen, considering the
uncertainty of life, do make and ordain
this my last will and testament:
l. | direct hat all my Just debts shall be
paid by my executor.
.. | give and devise to my wife, Alcinda
c. McMechen for and during her natural
life, all that portion Of my home farm lying
between the Baltimore and Ohio railroad
and the Ohio river, and the property OF
John Morrow on the south, and Aaron kel-
" OH the north, with remainder TO my two
children, Mary l.. MCMeChen and Shepherd
V. MCNechen, share and share alike.
3. | give and devise TO my brother, James
II. McMechen, for and during his natural
lf. oil That ppr.ipD nj my home farm lyr
ing between the Wheeling and Mounds
vile turnpike on the east, and the Blltl-
more and Ohio Railroad on the west, NV
private lane, extending from the turnpike
to my old msnsion house on the south, and
the property Of John Farmer on the north,
with remainder over 10 his heirs, share and
share alike, excepting his two children,
Mary and Susan, who are not herein III
Guided.
t. | give and devise to the two daughters
OF James II. McMechen, viz: Mary Nc
MeChen and Susan MCMeChen, all Of that
portion of my home farm, lying north Of
McMeChen'S run, and on the east side OF
the Wheeling and Moundsville turnpike,
TO have and TO hold the same in fee simple,
it being the same property upon which my
present dwelling house is situated.
5. | give and devise TO my two nephews,
William NJ. List and Jesse l.. MCMechea,
as tenants IN common, HI tudt pOTllOu VI
my home farm lying south OF the centre OF
the private lane leading from the turnpike
TO my old mansion home, aud between
said Wheeling and Moundsville turnpike
and the Baltimore aud Ohio railroad, to
have ard to hold in fee simple.
6. / give and devise to my two %nephews,
Benson Caldwell and Benson MCMechen,
son OF James II. McMeChen. all OF the re.
mainder of my real estate situated in Mar
shall county, not heretofore disposed OF,
TO be held in lee simple.
4. OF all my personal property OF what
sover character or description. | give and
h'queath one.half 10 my wife, AMI the
other half TO the children OF ]. H. God.
my nephew.
5. Iappoint my two nephews, VIM. NJ.
List and Jesse McMechen, executors Of
my will.
.. In testimony whereof, l have to this
my will subscribed my name this the oath
OF October, 1874.
Signed SHEPHERD MCMECHEN.
Signed, sealed, published and declared
by the t~eStator, Shepherd McMechen, as and
for his last will and testament in the pres.
cree of us, who, in his presence and in the
presence OF each other, and at his request,
have h~ereunte signed our names as wit.
nesSeS thereto.
lSiguedl c. c. MCNECHES,