The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-10-20
TIE sMrrE WILL CASE.
A Decision Finally Reached in Favor
of the heirs.

- O6CA54Ou = HGzE4EA Al 6NOA
of the heirs.
P. J. O'Connor, Esq, of O'Connor &
O'Byrne, received a telegram yesterday from
his partner, Mr.. O'Byrne, from Mount
Holly, y. j., announcing that the celebrated
Smith will case upon which he. with other
prominent counsel have been engaged at
that place, had been decided in favor of
the plaintiffs, whom Mr. 0Byr1e was
representing This case has become
widely known. fortune of nearly $500, 900
being involved. and its legal aspect being q
very unusual one.
heirs TO the estate. Mr.. Smith is now at
Mount Holly with his mother, brother and
sisters. where they have been during the
trial
The case is a most remarkable one, the
legal points being without pre-
cedence for the guidance of the
court, and it has become OF considerable
note in the north. The question is upon the
legality Of the will OF H. B. Smi h, the
father Of E A. Smith of this city. II. B.
Smith died at his home in Mount Holly in
November. 1887. For some years before
bis death he had been separated
from his wife and family, refusing
20 have anything 10 do with them. having
no connection or correspondence with them
whatever. This was caused by a mental
hallucination, brought out by influences
exercised over him by parties. through
which he became convinced that his W lfe
and children were not his own, and ne even
went so far as to publicly deny having even
known them.
Mr.. Smith was 70 years Of age at his
death. He was born in Vermont, married
his wife, Miss English. there, and lived for
some years after his marriage at Woodstock,
Vt, from which place be removed to
Lowell. Mass, and afterward did busl-
ness in Philadelphia. In the winter of
1865 Mr.. Smith suddenly left his family
and went to New jersey where be lived
until the time Of his death. He prospered in
New Jersey and accumulated a large for
tune in the manufacture Of machinery. aud
the town IN which the factory was located
was called Smithville after him. He became
prominent man in his section, and was
member Of congress at the time of his
dearh.
In his will, made some time before his
death, he made no mention whatever of his
wife and children, but devised his whole i'm
mense property in very vague terms TO
me institution to be founded for the
training Of apprentices and young mechan-
les. TIE clause of the will disposing of the
property reaf as follows:
desire that my entire estate, with its accu-
mutations. shall be used in establishing and
conducting q school for apprentices and young
mechanics on plans to be hereafter described
by me, or in case Of my death before perfecting
said plans, the school is 10 be conducted on
plans WHICH have from time to time described
To most of the board of trustees herein named
and VINO shall approve of final practical plans
in keeping Herewith.
There was no further reference TO the
purpose 10 which he proposed to devote his
money. The plans of the institution we're
not given nor any directions as to it's man
agement and control, nor any further de-
scription Of its character or purpose.
The will as properly atte-ted and was
admitted to proba g. As soon as mis- family
heard Of his death and the will which he
had left they made preparations to contest
the will OF course the parties at Mount
Holly who we're interested in the manage
ment of bis property, upheld tue will. Emf
nent council were employed upon both
sides and a legal battle was begun. The
case first cam up up n the widows right to
a dover, y hich was tried last fall and was
decided in Mrs. Smiths favor.
Tie contest Of the will by the heirs was
begun at the session of court at Mount
Holly last week ry trial before jury, and
occupied several days. An array of legal
talent was engaged upon both Sides Cort-
la ldt Parker o. New York as the leading
cJunsel for the caveators, Mrs. Smith and
her children, two sons and a daugh err,
whom with the exception Of Z. A. Smith,
the eldest son. were clearly proven
to be the legal wife and chi dren Of H. B.
Smith and that he bad 30 acknowledged
Them for nineteen years. Evidence was also
adduced to prove that the deceased was not
in his right mind at the time of his death
nor at the time OF the making of his will,
that be had labored under mental deluslon
for years a d the will was the result of IN
due inf ence brought to bear upon him by
interested parties.
The argument Of the caveators hinged
upon Mr.. Smiths mental unsoundness at
tue making of the will, and its consequent
illegally.
The jury on Friday returned verdict in
favor Of the heirs. This virtually decides
tie case. though 1T will be carried 10 the su-
preme court by the trustees of the property,
but the PREVIOUS decision granting the
widows dover practically settles the right
OF the heirs to the property.