Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-12-29

till the youngest child or gran0-chlld
living at the time the will was made
should die, while he should have said
until the last surviving child or grand
child Is dead. This was afterwards
made use Of by Mr.. Hubbard. Judge
Melvin then went on TO state that the
law gave to every man In his right
mind the right to dispose of his property
by will as he may see fit. He is ac-
countable to no man, and the question
Of propriety does not enter case like
this. 1t is a question simply as TO
whether the testator had the mental
capacity to make the will. As to tho
degree of mental capacity required, the
law says that tits sufficient if a testator
have sufficient mind to enable him TO
bring in review the property he pos
sesses, and the objects of his bounty.
He need not be In possession OF the
same strength OF mind or body he GAGE
possessed. The mind may be debilitated,
the memory impaired, the character
eccentric, he may not be able TO trans
act the ordinary affairs of life, but II he
has the ability TO comprehend his prop
erty aud the disposition he wishes
made of it the law says he is eompe-
tent. 1t matters not il he was influenced
in making peculiar disposition or his
property by feelings of resentment or
dislike. tits not for Us to say what man
must do with his property. II the dis
position was wrong the fault was mis-
own and should not be visited upon
others by setting aside the will even
though based on erroneous suspicious.
The all-important thing about this case
is the date when the will was made.
Even though before or after that Mr..
Reilly were of unsound mind it makes
no difference so that be had this testa-
mentary capacity on June %, 1891.
Judge Melvin again referred to Mr..
Reilly's unusual business ability and
how he transacted his usual business up
to the time when be was confined TO his
residence from physical disease. Up to
the very last he exhibited his old time
shrewdness, vigor of mind aud business
capacity. In debating the will its pro-
visions were all his own, the result Of
careful study and mature reflection.
Nor were any of its features the subject
of any within or distempered mind. For
some time before he had meditated sub
stantially the same disposition OF his
estate. He had spoken OF his fathers
will-one similar to his owns an
eminently wise and proper one. The
delay of the contestants in taking their
appeal NAV be taken as a substantial ad-
mission, an implied declaration, that
Mr.. Reilly was of sound mind and cap
able OF making a will. Steps would
have been taken sooner had they
thought otherwise. Instead, they had
accepted liberal allowances from the
trustees and James had been employed
by them for nearly year.
MR.. HUBBARD SPEAKS.
Mr.. Hubbard followed Judge Melvin.
He said he spoke for every living child
of Michael Reilly. The propounders
of the will, eminent as they are in their
profession, were not bound by any ties
of blood or business to Mr.. Reilly. He
had trusted some OF his children, and
In the will OF 1885 some Of them were
named as his executors. 1t is in that
direction one would expect TO look for
executors, but, while the trustees
named are eminently respectable and
rightly revered, it is shown by the will
itself that they are not the people to
whom Mr.. Reilly, If In his right mind,
would have left his estate. 1T shows
that they are not competent, by provid-
ing that a competent manager shall be
provided for the store. II they
are competent to judge Of any
kind OF property IL is church
property, and this they are expressly
prohibited from investing In. The
will itself makes manifest the Inca
pacity of the testator and the law says
that makes the paper not his true will.
Mr.. Hubbard sketched Mr.. ReiIly's lie.
He was at one time all that Judge Mel
vim said of him, but he must have been
il.advised when he said Mr.. Reilly re-
tanned TO the last his former vlgor and
shrewdness. Some of his children were
all that could have been desired, one in
particular, a daughter, who was de-
scribed as ian angel Of peace in that
disturbed household" The man who
would place an angel of peace on
the same footing in his will with
a son described as wayward was not
In his right mind. After his
second marriage change was no.
ticed. He became eccentric, notional,
easily Influenced and would not listen
to the advice of friends. lie would do
a thing one day aud forget it or act in
consistently the next. he related
an instance OF board Of
which Mr.. Reilly was member
which became involved and an assess
ment OF 20 per cent was found neces-
sary. Mr.. Reilly was in favor Of it,
but the next day forgot about 1t and
went to the treasurer TO get his 20 per
cent. dividend he thought had been de-
clared. So far had his physical and
mental weakness progressed that for
four or FIVE years it had been necessary
for him to have nurse TO accompany
him when away from home, TO tell him
where be was, TO dress him and per-
form the most mental duties for him.
On the very day when he signed this
so-called will he had forgotten how TO
spell his own name. The will provides,
he said, that no human being shall
have the real ownership OF the estate
till every one of the descendants living
when be made the will is dead.
The estate which he controlled for
eighty-three years he wanted 10
control for eighty-three or possibly
a hundred more. The will was such a
queer and complicated one that eve n
Judge Melvin could not understand IL
and vet it was said that this old man
with both feet aud head in the grave
A. 80 - oh -
Of his bounty the two trustees seemed 10
be the only ones mentioned. he said
that only small part Of the business
OF NJ. Reilly had been managed by him
self in later years and it would be shown
that that did net reflect much credit
on him. lie thought 70 very remark