Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-10-15


expected who had not only involved his
father in his old age in financial embar-
easements, necessitating his giving his
Judgment bonds and notes in large sums
OF money, but what was worse in the
opinion of an honest and justly proud
man, ignominy and disgrace was
brought upon a name before that time
without blemish. / can well under
stand how George w. Cummins felt.
lie had right to be hurt in his feelings
and it is very reasonable conclusion
that he disinherited him entirely not
only because he had cost him more than
his share any way, but also because his
conduct had forfeited any further claims
upon an indulgent father.
Why he in the will of December, 1888,
left George w. Jr., out entirely can only
be conjectured, as there is in the evil
dencc no reason alleged. In all proba-
bility it was from several reasons. One
was from the fact, as the testator says in
his will of 1885, TINT he had already adj
vanced from $4,000 to 10000 TO him,
and of course much more up to Decem-
Der, 1883. Another reason was, doubt
less, on account of the habits of George,
and the conduct of Walter, from whom
50 much was expected, doubtless caused
MIR. Cummins to become discouraged
altogether and caused him to lose conf
dence in people to great extent, and
he concluded that he would give all to
the girls in such manner that neither
George or any other man could interfere
with the enjoyment Of the properties for
life which he devised to them.
The opinion next proceeded to very
comprehensive review of the law of the
case, and cited some interesting cases,
similar in their bearing to the one under
consideration, all going to the point that
II man may do what he pleascs with his
own property. Mr.. Cummins, in his
own mind, had his reasons for making
the will the way he did Being of sound
mind he had right to do as he pleased
with his property, but he probably was
in fear that If he gave the daughters u
fee that they might be inveigled into
creating Indebtedness on the property
| through the influence of others as he
himself had done. But ii is now impos-
sble to give them fee in the whole of
this property If the will was not pro-
bated they would only have fee In the
half of the land, the creditors of Walter
and George would come IN and share
with them or the purchasers would OF
o sale of the interests. Because the
ladies are not satisfied my sympathies
are naturally with them, but | think
most positively that they are better off
with the whole of the property for life
than they would be with a fee in the
the half under the circumstances. The
rents are absolutely theirs during life.
| M ,,ala-t I.n, NJ IL.
| life is over it matters but little about
what we leave behind us in this world.
Besides if the will should not be allowed
to stand the fee in one.half of Wood
lawn which George w. Cummins gave
in fee to his wife and she in turn has
made a will giving fee to the two
daughters would go into his intestate
estate and they would have but fourth
fee each in the half
| AS II sworn officer with responsible
functions to discharge, it is my con
scientious Judgment from the evidence
in this case submitted, that George w.
Cummins was of sound mind, memory
and of sufficient testamentary capacity
to make will disposing of his property
Register Cooper gave at some length
his reasons for refusing the petition
asking that an issue Gevisavit vel non
be granted and the case sent to Jury
in the superior court. He said: The
testimony in this case has all been re-
duced to writing, and | do not think
that it would be justice to the estate tc
incur the expense of having all these
witnesses to attend court again, when
the dispositions can be read with but
little expense. While do not want t
cast any aspersions upon the trial by
jury, in my experience | have found al
much, ii not more complaint about yer
diets of juries than | have from de
cisions of the court. Under our consti
tuition and laws a register of will,
is probate judge. Ills powers arc
important and responsible. He hal
more than ministerial duties to per
form. l will not agree that he il
only a judge when no one ask,
him not to be. Our constitution or oul
laws do not contemplate anything o.
the kind. The history of the office doe
not justify any such conclusion. II,
may send an issue, says the law. He il
the Judge as to whether he will do so d
not. The statement that when asked
for il is always granted is not correct
There is of record in the citation docke
in New Castle county where devisavi
vel non has been refused when askcC
for. The register ought not to send t.
the jury TO ask them TO tell him what t
do when his own mind is clear abou
the question involved. Hence refus,
the application for an issued of deyisavi
vel non.
Annexed to the opinion was deere
that the will of December 2Sth, 1888
and the codicil of May 2Sth, 1891, is tn,
last will and testament of the deceased
and that the probate of the same and TIN
letters heretofore issued to the executor
shall remain in full force and virtue.