Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-01-14
THE REILLY WILL.
THE CITY FULL OF TALK CONCERNING IT'S
UNUSUAL PROVISIONS.
Some Of The Expressions Of Public Opinion-A
Decided Interest ManifsSted-Ihe Will
Of the Late Philip Reilly.

The remarkable Will maue u! 1H'
late Michael Reilly was the main topic
of conversation in this city, yesterday
Business men discussed it at length
and among the legal profession 1t wa:
commented upon at great rate, and us
provisions and their probable effect were
matters bringing forth many expressions
OF opinion.
1t was the general sentiment OF those
expressing themselves, outside the legaI
profession, that the will would not stand
a test made In the Courts, and more thar
one attorney expressed himself strongly
upon the matter.
A very prominent member Of the Bal
said:
"Such wills ought to be broken upon
general principles, for the good OF the
community. They are in opposition to
all progressive ideas, and TO good public
policy. All efforts TO create perpetui'
ty in this age and in this country ought
to be severely discouraged, and l have
no idea that any jury could be found
in Ohio county which would maintain
the will If there should be contest,
Another attorney Said:-
81 think the document will stand the
test Of trial in the Courts, speaking upon
the purely legal aspects OF the matter
although there may be a question as u
the advlsability OF such testament, IN
a general way. The will is well within
the lines, and although unpopular, will
l feel sure, hold"
Another attorney said:
The will is q remarkable document
and speaking generally, such peculiar
testaments ought to be discountenanced
The will was evidently drawn according
to the decision of an old French Court
which has come into English law, and
thence 10 this country. A Frenchmar
OF large wealth, some two centuries oil
more ago, made will which created
perpetuity, at the expense OF his right
ful heirs. The matter was carried into
Court, and 1t was held, after a pro
longed and learned trial Of the cause
that no will could be made which would
tie up property beyond the life OF any
person living, to which was added the
period of CESSATION and twenty-one
wears. This will covers that ground
pretty well, except the period OF gesta
ton, and / think that old decision must
have been borne in mind when the doc
ument was drawn"
said a business man:
"The will is not such one as | ap-
prove Of. II any considerable number
of rich men were to tie up their estates
in that manner, the whole community
would become congested, and In lift!
years two-thirds of the real estate OF
this city would be in the hands OF trus'
tees and executors, who would be re
sponsible to no one. The buying and
selling OF property would be restricted
improvements would stop, and the spirit
Of enterprise would gradually die out
Such, wills, made by rich men, are
against the best interests OF any com
munity, without regard to the benefit:
which might accrue TO heirs, and the
thing should be discouraged by knock
ing the bottom out Of such documents.
Such expressions, varying only in de
gree, were very common, and there
seemed to be an unanimity Of sentiment
in opposition to the provisions OF the
| testament.
A reporter for the REGISTER yester
day examined the will Of the late PHILLIP
Reilly, father of Michael Reilly, which
is OF record at the Court House. Thu
will bears date Of April 81, 1855, with
codicil dated March II, 1862, and while
not going as far in tying up the estate
as the will probated Tuesday, is
very curious document. The orig
inal executors were the late RI
Rev. Bishop Whelan, Henry Moore ant
Charles w. Russell. Mr.. Russell
name is replaced, in the codicil, by that
of Alonzo Loring, and Bishop WhelaT
was made trustee. Major Loring !!
now the only survivor of the origina
executors, his colleagues now being Rt
Rev. Bishop Kahn and Col. Thomas
O'Bricn. The will gave to- Mrs. Refill,
one-half OF the mansion hous
and home farm, in this county
during her life, with Ger
tain other rights and allowances, CAV
to each child the sum OF fifty dollars
and then placed the estate in the hand
of the executors, TO be held by them un
| til the death Of the children and unit
such further time as one OF their chill
dren. shall have reached the age o
twenty-oue. As one OF his children
Mrs. Carney, is still living, the trus
Is still in effect, and accounts are FLEE
annually at the Office Of the Count
Clerk by the trustees. In some respect
the two wills are very similar, but tn
will Of NJ. Reilly goes farther than tina
of Philip in tying up the estates, 10
while the property OF Philip Refill
would 60 to the second generation, tina
of Michael can only be reached by tn
third. The will of Philip Reilly wa
witnessed by Daniel Lamb, Hirar
Brown and Andrew White, Of whom MI
Lamb is the only survivor.
SELLING out our stock of milliner
and hair goods regardless Of cost. A
must be sold by April 1st. Big induce