The Baltimore County union., 1883-05-12

Tho Great Johns VIII Case.-Ths Court
Of Appeals Of Mary yiand, the 9Th inst, render.
cd its decision In the case Of n. V. D. Johns Vs.
Sarah w. Hodges and others. The case was an
appeal from the Court Of Common Pleas of Bal
timore, involving two Wills and eodicls Of John
Toliy Johns, Of this county. The case was re-
moved 10 Baltimore from the Circuit court Of Bal
timorc county. The jury In the Court Of Com.
mon Pleas determined that Johns was Of unsound
mind when he executed the wills, and decided 10
favor Of the appellees. The Court Of Appeals
atlirms the rulings Of the Court Of Comtnoa Pleas,
and orders the costs In both courts to be paid out
Of tho estate, expressing the opinion that the
defendant was justified In endeavoring 10 sustain
the alleged wills and codiciis The testafor left
two Wills In favor Of cousins 10 the exclusion Of
bis sister. Mrs. T. Harris Hodges. and hii niece,
Mira. Caldwell, who contested the will.
One Of tho points relied on by the appellant
was the fact that two Of the jurors who tried che
case In the Court Of Common Pleas were under -
years Of age, fact not discovered until after the
verdict was rendered. The Court Of Appeals
holds that the defendants application TO the
Court OF Common Pleas for n new trial on THIS
ground, as also his petition asking the lower
court 20 refuse TO certify the verdict Of the jury
20 the Orphans Court. were. In effect, appeals 10
the discretion Of the Court Of Common Pleas, and
not subject Of review In tho higher tribunal.
The Court Of Appeals, however. expresses the
opinion, apart from this consideration, that dds
qualifications In juror Of the nature Of that In
the present instance must be taken advantage Of
before the rendition Of the verdict" Other ex.
eeptions taken by the defendant were based upon
the rulings Of the lower court upon the prayers
aud upon the admissibility Of certain evidence,
the Court Of Appeals affirming these rulings In
both cases.
This will Of the late John Tolly Johns having
thus been disposed Of another one, made as early
as the year 1860, will be admitted to probate IN
the Orphans Court cf this county, and another
long court trial will no doubt result over u. The
full text Of tho last mentioned will is Ne follows
81, John T. Johns Of Baltimore county, 10 the
State Of Maryland, do make and pubii'h this. my
last will and testament; that IL 90 say devise
and hequeath 10 my brother. Richard Johns, dur
Ing bis natural life, my farm called SNOW Hill,
and Gins place, formerly owned by John Johns,
deceased, and after the dscease Of tho said Rich
ard Johns, then 10 his eldest male child, but In
default Of his leaving male chiid, ths- tay viii
is that the property above described become the
property OF Montgomery Johns, Henry Johns
and John X. Johns, sons OF tho lab Rev.
Henry Johns, deceased, share and share alike, as
tenants In common.
81 also devise TO my brother. Richard Johns.
my farm called Beicvicw. and my farm called
Androsc. which purchased of John T. II. Worth.
ington; also. my farm called I9pewcll. devised
60 the by my grandmother, TO John Toliy Worth
ingt"n, during his natural life. and after his de.
cease, my will l. that the three last described
farms shall 60 10 the Oldest male child of my
brother Richard, aud in default of his leaving any
male child at his dccease then my will Is that the
said three last mentioned farms shall become the
property of any female children that he may
leave. share aud share alike. as tenants in CON
mon: hu, in lciaul, of the sail Richard leaving
any child children surviving him. ahcn the
three last mentioned farms I hereby devise and
bequca;h to Betsy Mcrryman, daughter of John
Merryman. Of IlayGeids. in baltimore county.
al also deyisc aud bcquea'h TO my brother Rich.
L IN na1. a -.