Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1884-05-30

- w A440S VIII i 0lu |
named as sole executorW
Inc silence that followed thi7 as.
founding speech was scarcely broken
~ the breathing of any one present
aiae seemed to have stayed its usual in
oicatons.a and faces whitened all around
~ Inc disastrous news that thus sudden
y came to crush all the pleasant feel
lngs that q few minutes before had SO
prevailed. AS this silence continued,
the speaker resumed by saying that he
would read them the will. The Young
iaw-student nephew thereupon broke
the spell that seemed cast upon every-
body by saying ''You may save your
self the trouble of reading the will, un-
Gle we will suppose it to be as you
say. Every lawyer, however, knows
that If there be evidence of the making
OF a second will the first one is de-
stroyed by that act, and that the subse-
ouent destruction of the second will
does not revive the first one!"
1t was a turning OF the tables alto
gether that now took place. The inn
promptu speech.of the youthful nephew
acted as a reviver upon all around ex-
ceept the now dismayed uncle. Breath
ing was again heard, and also
several half murmurs, as if speech was
about to come back to others of the
company. They all, however, waited
for the uncle's reply. Turning to me,
he said: ssMr. j, this a matter that
you can perhaps give an opinion upon,
for l look upon what my nephew has
said as being ~nonsensical. NV brother
has left a will and l hold it, and shall
insist upon its validity until one of later
date be produced in complete and prop
er FORM"
The matter had come upon me as sud-
denly rs upon the others; but I did re-
member something Of a decision of the
courts upon the question. which, per-
haps, l had not so lately read and Wv
idly remember as did the younger law
student present. Saying that much in
reply, l appealed to him to say more on
the point if he could better remember
the case. He replied: 1.-The case that
decides the point was n that was be-
fore the courts but a few years back,
and was carried on appeal to the Judi
cial Committee of the Privy Council,
who confirmed the decision of the court
below, that the making of a second will
destroyed the first one, andthatn no after
act of the deceased restored what had
been SC destroyed"
Renewed confidence from what l had
said, and more so from what the late
speaker had uttered, came upon all
present except the uncle. He now re
stored the unread paper to his pocket,
and endeavored to put a more placid
face upon the matter, as n evidently
having q reserved force-another stone
up his sleeve. Turning toward me
again, he said: "We will assume, Mr.
y, Just for the sake of defining oul
position here only, that my late brother
died in~testate-for 1 will not argue the
question that has been started as to the
will 1 hold-my solicitors will do tina
much better. Assuming, I say, that HI
died interstate, then let me tell you al
that /, as his heir-at-law, am entitled
absolutely to all his landed estate. Tha
is the elder brothers right, I believe
where the deceased leaves no famil,
and no father living. l believe that 20,
all share equally with me in the per
sonal estate only, and that Mr.. j
here will confirm what l have said!'
Turning toward me as he said this, h
sat down as one who could do so vel
satisfied.
Again fell the faces of all present
save one-for the deceased's propert,
consisted-to the extent of fully one
half-of landed estate. "Crushe,
again!" was mentally uttered, 1 dar
say by more than one o. those present
as this new claim was asserted by hin
who seemed in ogre fashion, to eat VI
everything in one way Or another. HI
had spoken, too, in a tone of confidenc
than was calculated to dash the spirit
of his dlsmayed hearers. Before Icoul'
speak, however, a reply came from tn
one present whom have alluded to a
not looking as downfallen as his rela
tives. There was a twinkle in the ey
of the young David, who now rose a
before to tackle this Goliath OF the fam
lily.
"Why uncle, don't you know, wha
everybody else knows, that we hay
abolished the law of primogeniture here
and that an intestate's land is by gu
laws now Invisible the same as his othe
property? You must be thinking tina
YOU are at home in England, and tina
Uncle John died there and not here
), You will get only your share with tn
i rest of us of what the land brings whe
it is Sold"
There was Joy indeed in all the face
, around at this speech, and some I appin
, of the table ensued by those who too
that means of expressing their approve
and pleasure. The young mans tw
. aunts looked as if they would hav
, greatly liked to kiss him, and woul
have wanted but little prompting to d
, that much to their youthful companion
, No direct look toward him was, how
, ever made by the uncle, who would,
expected, have waited for the opinio
he had asked from myself on the matter
! He did not appear, however, to hay
! courage left in him to face the compan
, any longer. Buttoning his coat, and sci
ing his hat he said to me:
"Well MI. j, 1 will bid you an
the company here now good-day. An.
thing further 1 shall Communicate
, YOU through my solicitors"
t Waiting not for any response to tn
little speech he hurried from the room
oro.tlu IT. seemed. to the relief of thOs