The Hocking sentinel. [volume] (Logan, Ohio) 1871-1906, 1889-01-17

eXpreSSeu ny WOr0 U Qeeu nearly
up 10 the very time when the act
is done. And it was further
shown that these two sons were
the only ones of the family inter
ested in the old man, that kne "
anything OF the will that was TO be
made, all knowledge being kepI
from the others. That these
two sons, beneficlaries under the
will, were present Immediately
before the execution Of the in
s'rument, and were simply eX-
excluded while the namewas be-
ing signed.
l think a court and inry would
hesitate and would not sustain
such will without the cleares1
proof of capacity upon the par,
of the testa;or and absence ol
undue influence upon the part ol
such benefcIaries.
How does this differ from the
case of a will except this be 2
stronger one. In a will he wonld
retain the use of his property SC
long as he should live with power
revocation. Here he was making
what was substantially an irrev-
ocab!e gift of all his money and
ready means, nearly one half ol
his whole estate, stripping him
self before he was ready to lie
down.
But going at omce 10 the bed
side of the old man who is said
10 have conceived, directed and
executed this Gift? The first
thing that must have struck the
most casual listener to the testi-
mony, was how exceedingly lit
tie this old man who was giving
away $500, had TO say about 1t
and how very much less he had
to do about it.
We can hear from the testi-
mony what Samuel said, what
Monroe SAID, what Mr.. Butler
said, what Clark said and more
especially what ]. L. West said.
Looking through all the tes'l-
mony carefully that bears upon
this point, it does not appear that
the old man either the night be-
fore or ON the morning of the
transaction, volunteered one re-
mark, offered one suggestion or
made one proposition, or that he
said one single word TO any one
except in answer to questions
put to him.
We are asked to suppose that
the old man sent for his lawyer
10 close this important transact
ion in legal form.
That he was desirous and
TO do so, the attorney is
brought in great haste, as far as
the town at least. Daylight
would moi do. He must he brought
down in the worst Of the night
from Straitsyille, and yet when
he comes into the presence ofthe
Did man he has 10 tell him whai
he came for, al least did tell him
md asked his supposed client IL
hat was his understanding OF 1t,
f it was all right and did-he want
his thing done, etc.
All consultation how this thing
should be done was between
,lhers. The old man was never
or made a party.
1t is hardly possible TO conceive
If a child being more docile
passive. a negative quantity more
ilent and less heard than was the |
I'D man in this transaction.
The arrival of the parties with
he attorney appeared TO have
Weakened no interest in the old
nan, Judging from any express
on he made upon the subject,
lor did The attorneys very un-
eremonious aud unaccountable
udden departure without doing
ghat he was employed for seem
o occasion any surprise III the
Id man.
Mr.. Butler seems to have come
pom and off the field of this
without having
reused the least interest, sur
rise or concern in the old mans
lind whatever. He neither ask
d of HIM for him or about him.
Why he left in this way, why he
id not transact the business he
supposed 10 have been sent to
o, never asked how much he
harged or wonld charge, or
neither he was 'pald or whether
nv provision was made for his
ay.
The most that could be claimed
II this whole transaction upon
le testimony of the parties that
ere there. | think is that while
'e old man directed nothing
be done, he did not object to
j; he acquisced in it. He an
vered their questions affirma-
vely, perhaps. He was peace
/ and quiet while it was pro-
,sed IN adminiSiraie this