The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-12-29
TIE FAULTY SPELLING.

this is not the true Will oil Michael
Reilly.
TIE FAULTY SPELLING.
After reading the will Mr.. Hubbard
said Mr. Reilly spelled his name thus,
Michael" without the ii" The wit
nesses, however, seemed to DO in their
right mind and spelled their names cor
rectly. The second signature is spelled
"Michele."
The law said Mr.. Hubbard, is that
the propounders satisfy you that Mr.,
Reilly was OF sufficient mental capacity
to make the will. He did not think
there would be any doubt, but ii there
is doubt the jury must decide against
the propounders.
The quesrionis, il he had mental capa-
city to make the will, and to prove that
he mad CapiCity to make this will, which
LAWYERS on the other side do not even
understand, devoives OH them. The
question to settle is il Michael ReilIy's
mind was in its normal aud correct con-
dition when he made the will. He then
quoted the rules that must be followed
in the CUse. No attempt, he said. is
made to bring into view his property,
as Judge Melvin said was done. The
objects OF his bounty, he said, are beings
he had never seen. 1t is required he
must have strength OF mind, and he re-
called the fact, not disparagingly, that
one OF the counsel even did not under
stand its provisions. Its provisions are
unjust, unnatural; provisions that show
he lacked the required mental capacity.
Speaking OF the delay in contest Mr..
Hubbard said that the other side is
very hard up in bringing up that argu-
ment The delay, he said, was caused
by the poverty OF the heirs.at-law. 1t
was true James Reilly had employment,
but the employment ended. But, what
has that to do with the mental capacity
OF Michael Reilly. Does it not show
that less liberal trustees may be chosen
in the future, who will take away from
the children, employment and means OF
support lie said the heirs-at-laws
have all along proposed to assert their
rights aud contest them in court OF
law.
Concluding, Mr. Hubbard spoke fur
Their regarding the will; he said the
other side must satisfy the jury, that
Mr.. Reilly's mind was unimpaired They
cannot do it. Failing to do it, you must
give verdict for the plaintiffs.
JUDGE MELVIN REPLIES.
Judge Melvin then spoke in answer
to Mr.. Hubbard. He said in explana-
ton, he had not read the will before,
and it had not been his business to do
so. Mr.. Hubbard, he said, refers to the
fact that he made mistake in a single
instance regarding this will. He had
no intention to mislead the jury; that
such mistake shows the unintelligibil-
ity OF the will, is not true. Proceeding,
he said, what was there the jury could
not understand regarding the will;
there is nothing unintelltgable about it.
Together with his associates he APP
pears not alone for the two reverend
gentlemen, but also for the widow of
Thomas Reilly and for her daughter.
He spoke of the duty OF the trustees,
to provide for the children, which
he claimed, in face OF Mr.. Hub
bard's opposite opinion, is the distinct
duty OF the trustees. Professional men
may differ, but none OF yon gentlemen
will differ in the opinion that the trus-
tees must provide for the children.
Complaint is made that these trustees
are not in business, and that no security
is required. The high standing and
character OF both are not doubt
ed. If they lack business capacity
there is a remedy, In this age Of law
and reason, the courts are always open
TO enforce the performance OF trust,
and II they are indifferent, or unfaith-
full, the courts arc open to children or
grandchildren to have recourse.
"What interest have the cbildrenW
said Mr.. Hubbard.
Judge Melvin-They have the interest
Of their support which comes from the
trustees.
Mr.. Hubbard-suppose all of the
estate except enough to maintain the
children ia squandered, what interest
would they have?
Judge Melvin-rhey would still have
their interest,
Continuing, the judge went over the
provisions, OF the viii and explained
certain features to the jury.
Referring to the trial before himself
OF the Phillip Reilly will, he said there
was decree, but it was in q cause to
obtain certain construction.
Juege Melvin doubted that il the con-
testants doubted their fathers sanity
they would have for so long period de-
layed entering upon contest.
As TO the execution OF the paper, he
had no fear OF undue influence on
Michael Reilly being shown. On the
other side rests the burden to do this.
They must endoayor to show mental in
capacity, and the defendants will offer
evidence in rebuttal, showing his mon
tai capacity.
AT the conclusion OF Judge MelYin's
address court adjourned until this
morning at $3.50 o'clock.
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