Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-10-13
MONDAY EVENING, NOVEMBER 4, 1889,
THE WARWICK WILL CASE.
The Unsigned Paper Decided Not TO BE
legal.

The Unsigned Paper Decided Not TO lie
legal.
The trial Of the case involving the legali-
tv Of the bcquest made under the will OF
Mr.. Abraham Warwick, Jr., which docu-
mcnt was left in the papers Of hedeceased
unsigned, was concluded Yesterday morn
ing in the Circuit Court Of HcnricO.
Al Of the circumstances in connection
with the filtration were published IN this
paper yesterday.
the evidence was all heard on Friday,
and counsel argued instructions which
they wished Judge Wexford to give.
When the court met yesterday the Judge
gave the Jury the Instructions asked tor
bv the heirs at law, which practically
amounted TO deciding the case II their
favor.
TIL INSTRUCTIONS.
These instructions were as follows;
The Court instructs the jury that even
if they believe from the evidence that
the paper writing produced before them.
dated the 18th day of January, 1853, and
the endorsement IN the words " My Will
Abraham Warwick Jr. D" upon the envelope
in which said writing was enclosed are
wholly in the handwriting OF SAID Abra-
ham Warwick, JT., deceased, they must
nevertheless find that said paper Is not Of
ll>tll. IiDl MtltI ldktu III ttllI' A4NfI Wa "a
said endorsement. nor as any part thereof,
the true and valid last will and tesla
ment Of said Abraham Warwick. DR.,
because it IL an unusual mode OF
signing or authentIcating VIII as
a concluded act by endorsing the
name Of the person executing and making
it on the envelope III which it Is enclosed,
and such endorsement being at most
eQuivocal. il does not appear that the SAID
Abraham Warwick. Jr.. signed his name IN
the body Of the paper writing aforesaid or
upon the envelope IN which said writing
was enclosed, in such manner as to make
it manifest that il was intended as a sigma
ture, as required by the statute III such
cases made and provided.
ASKED But NOT GIVEN.
These are the instructions which were
asked for by counsel for Mrs Warwick and
rejected
THE Court instructs the jury that if
they believe from the evidence that the
paper writing produced before them dated
January 10, 1885, and the endorsement on
the envelope and the signature to said en-
dorsement are wholly in the handwriting
of the testator, then they shall find that
said papcr-writing and the enforcement
on the said envelope and the signature to
said endorsement constitute the last Will
anu testament VI abi imam wa " tNAf ~ .
if the Jury believe that the said Abraham
Warwick, Jr. was az the time OF executing
said writing of sound mind"
THE VERDICT.
This was the verdict of the Jury, Of
which Robert T. Crouch was foreman;
I'VE. the jury, find. under the instruc-
tions of the Court. that the paper and
writings in the proceedings mentioned adj
mittcd to probate as the last villa tesla
ment of Abraham Warwick. Jr., the origI-
nal whereof was produced in evidence be
fore us. are not, nor Is any part thereof,
the last Will and testament Of Abraham
Warwick, Jr.. deceased"
The heirs who attacked the viii are
Phoebe c. and Alletta II. Warwick. infants.
who sue by II. /. Parr, their guardian and
next friend. The defendants are Peter
c. Warwick, r. l.. Parr and Sally, his wife !;
Henry Wickham and Elise, his wife; Cla-
renee. Barksdale, and Abraham Warwick !;
Florence and Maggie Warwick and Eliza
Agnes Warwick in her own right and as
executrix of the last will and testament of
Abraham Warwick, Jr., deceased.
An appeal viii probably be taken to the
Suurpma Court