The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-06-02
A PECULIAR WILL CASE
Just Decided, Involving, Some Novel
: 'Poiuts In Law

Just Decided, InyOiyIng. Some Novel
'Poiuts In Law.
Specia, Correspondence Of ne fRislt5 stnosr.1
srEuBEsyrLLE, Ono, May Sl.-Judge
Douthitt has Just rendered highly i'm
portant decision ina peculiar andin-
terestiug partition suit.
Tho peculiar provisions OF the will
makeit without parallel in testameptary
documents, as 1t is probably the only,
case in history whereila tesIator cut on
children who married and had NO issue
and discriminates in favor Of children
whose issue was prolific. IL was, en-
couraging to the propagation OF the
species. II is said the testator had a
peculiar obhorrence forparents without
issue and kept the Bible injunction,
MULTIPLY and repleuish the earth"
pasted in his pass book. lie was a
crank on this su bject, as the provisions
% The Iss "" tes t William Tagsart, "a
wealthy farmer Of Island Creek town:
ship. died in 1857, leaving a widow,
Catharine Taggart, eleven children and
three tarIubi hls0 Iua! Wltl sA''NA $3.50
ment His widow died in lS9k
He provided in bis will thav',his WHO
should have all his property while sue
lived, and at her death%the property
should be equally divided among the
children. 1t also provided that II any
Of the children shonld marry and have
no children, that child OF children
shonid only haye 500 out OF ,hia estate.
At the death OF the widow, a son and
daughter had been married Tor some
wears and are still living, but have no
children. The principle question was,
now that division OF property va;
sought in partition, what interest, II
any, should 90 to the two children VINO
married and have no issue.
The court decided that the provision:
OF tho will touching the marrying OF
children and having no children was
void upon the grounds Of its uncertain-
~. its being in conflict with prior pro-
visions OF the will which had given to
each OF the children the vested remain
der of the estate in fec simple, and for
the reason that it was uncertain
whether the children SO married would
or would not have issue born to them,
and It was uncertain also in case they
did not have issue, to whom. their IN.
terestwould 90 under the provisions OF
the will.
Another question raised in the case
was to tho rights OF husbands Of de-
ceased daughters OF testator have in the
estate by the courtesy in the share. IN
the remainder to ;their wives who were
deceased prior to tho death OF the
widow. The court held that they were
not entitled to courtesy for the reason
that they were not entitled to poss ess-
ion as against the widows interest, after
her death. and as testator's daughter.
died before the Inotherthe husbands OF
such daughters were not entitled to
any estate by courtesy. The amount
involved in the suit was about $4,000
and affected Richard Taggart, Of Empire,
Ohio, a son who vas married and Han:
nah FRYE living In Nisconsinineither Of
whom had any issue: The case Ihas
attracted considerable q interest gmong
the members Of the Jefferson county
bar because OF its odd provisions .plac-
ing a premium on the fertile marriages,
while barrenness was held at a marvel
louRlv low mate,r....ss.s.a..5sss