Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-10-12
AN UNSIGNED WILL.
QUESTION RAISED AS TO THE LIZ
GALlTY OF SUCH A PAPER.
Litigation Growing Out of the Failure OF
Mr.. Abraham Warwick to Anix
His signature.


Quite an interesting case. involving the
legality Of bequest made under an un-
signed will. is in the process Of trial IN the
Henrico County Court.
The controversy is one with few if any
parallels in the history If the practice OF
civil law in this State, and the solution OF
the question raised is fraught with espe-
cial interest 10 members of the legal fra
ternity.
Aside from this view Of the case, the
value Of the estate in litigation causes
great importance to attach to the settle
mcnt of the matter.
THE FAcTs.
About twelve months ago Mr. Abraham
Warwick. Jr.. long a well-knOwn citizen ot
the county Of HenricO county, died at his
residence. on the Mechanicsville turnpike.
He was possessed of an estate worth some
twenty thousand dollars or more.
After the death of Mr. Warwick there was
found among his papers sealed envelope
containing what purported 10 be, and evil
dently was. his will. but there was no sigma
ture to the document.
On the back of the envelope was written
NV will.n and underneath this the sigma
ture Abraham Warwick, Jr."
All who saw the paper were satisfied
that it was in the handwriting OF Slr. War
wick.
ADMITTED TO PROBATE.
The will was presented TO the Court on
the 30th OF November, 1888. and along with
il the envelope in which il was found.
I'm the n pdrie proceedings Messrs. Peter
C. Warwick and T. b. Keesee testified that
the document was in the handwriting or
the deceased: and Mr.. Warwick said the
envelope was taken from deceased's papers
and opened in his presence and that he
could swear positively 10 the identity OF
the penmanship both in the body OF the
will md on the envelope.
With this light before him Judge Well
ford admitted the writing 10 record as the
last VIII and testament of Dlr. Warwick
and Mrs. Warwick qualified as executrix
without security.
THE WILL ATTACKED.
Subsequently the heirs at law employed
counsel and brought suit to have the al
legged will upset claiming that the bequest
was not legal, there being neither wit
nesses nor signature.
Judge Wexford issued an order out of
chancerv. and Yesterday morning a Jury
was empanelled and the trial of the case
begun. The evidence was fully heard and
the Jury adjourned over until this morn
ing.
Counsel then spent some time arguing
instructions which each side wished given.
The Judge took these papers. and when
the court opens this morning he will give
such instructions as he sees fit. These
will Of course practically decide the case,
as the question is one more of law than of
fact.
The evidence adduced yesterday was in
substance the same as that heard when the
paper was admitted % record.
Messrs Pcgram and Stringfellow are
counsel for the heirs. and Messrs. Tucker
and Ingram represent Mrs. Warwick. The
argument Yesterday was able and eX-
haustiye on both sides.
TIE WILL.
The following is the full text of the
will.
-. Abraham Warwick Jr., of the county
Of Henrico, declare this 10 be my last Will
and testament. hereby reyOking any and
all other wills heretofore made by me.
IL. / will that all my just debts be
-. giveall nv estate. both real and per-
sonal. 10 nv beloved wife. Eliza \. War
wick. for her life. and upon her death |
will that 1t be divided equally among my
next Of Kin then living, to be theirs IN alb
sOlute fee.
-. appoint my wife, Eliza \. War
wick. eXecutrix and direct that If she shall
,C aifr as such that no security be re-
qu.red Of her and
&" further direct that no inventory of
my household effects be taken.
Written 'rboly with my own hand this
day. january i3, 1888"