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


Salathiel Curtis, Herman Doepke.
THE CASE STATED.
Immediately upon the opening OF the
Court in the afternoon Judge MelYin,
on behalf Of the counsel who are de-
Tending the will, made statement Of
the case as seen from his standpoint.
The first question, he said, for the jury
to determine was whether the paper
bearing date the 25th day Of June, 1891,
is the true will and testament OF the
late Michael Reilly. Such it purports
TO be and as such it was prOoated by
the County Clerk. Some eleven months
afterward a petition was filed by some
of the children of Mr. Reilly, asking
that the will be set aside on the ground
that at the time it was made Mr.. Reilly
was OF unsOund mind and incapable OF
making will. There is no question
raised by the contestants as TO whether
there was undue influence or influence
OF any kind brought TO bear upon the
mind of the testatOr, nor is there any
question as TO the due execution OF the
will. The contestants must rely solely
upon the question OF mental capacity
OF the teStator. He then went on TO
tell how Mr.. Reilly had come to Wheel
ing when a young man, had spent the
greater part of his life here, where he
was we'll known as a shrewd and care
fnl business man, and had extended his
business until 1t was perhaps the
largest In the State and he the oldest
man in the State in that particular
line. During all that time be had at
tended personally and solely to the
business, being unassisted by any per-
son interested in the business or as
counsellor. His shrewd business mind
gave him high standing in the COM
munity and success financially. His
abilities were known and recognized
in financial circles, and he was
placed upon the Boards OF
various IN Oortant companies, In most
of which he remained an active and
trusted official till his last illness in
capacitated him. He spoke OF Mr..
Reilly's family and particularly OF his
son ThoS. NJ, who aided and assisted
his father, not as a partner, but as an
employe. A partnership was once con-
sidered, but was abandoned, owing TO
disagreement as to the extent Of the
business, but Thomas always remained
trusted employe until his death,
some months before that OF his father.
As 10 the other sons it is sufficient TO
say of them that they were not trusted
and relied upon by their father as
Thomas was. Whether because OF
their want OF business ability or want
of confidence in them he could not say.
James was also for some years in his
fathers store, but as nothing more than
an employe. As to Michael their ways
diverged and never met. Thomas, the
trusted son, died ia the spring OF 1891.
How far that may have Occasioned any
change in the sentiment or the old
gentleman as TO the disposition OF his
estate cannot be said. IL may have
created a radical change and caused
him TO make the instrument which he
did few months later. A will had
been made in 1855, 10 which Michael
and James were both left small be-
quests. Thomas and Geo. Y. Reilly
and Mrs. JamisOn were made executors
OF that will, aud q distribution OF the
estate was 10 be made not among all the
children, but among them all after ex-
GLIDING Michael and James. he told
the circumstances OF the drawing Of the
last will, how Mr. Reilly had gone 10
Mr. Russell, and after several inter
views ia which Mr. Reilly indicated the
trustees he wished appointed, how they
should act, the disposition be wished
made OF his property, what provision
he wished made for the support OF his
children and their children for
period Of years. All these provisions
were told Mr.. Russell ana taken down.
The first draft OF the will did not please
him and a second was made. ap-
proved and signed. There was no
haste. but on the contrary con-
siderable elaboration and reaec-
ton. Judge Melvin went through
the provisions Of the will, by which the
sole control Of the estate is given BIT.
Rev. j. j. Kain and Rev. j. 7. Sulli-
van as trustees. the only restriction be-
ing that no part Of the funds Of the es-
tate are TO be invested 10 church or ed
ucational property. He told how they
are required TO support certain Of the
children and grandchildren Of the tes-
tatOF, how Michael was cut OF with but
$40, and how provision is made for the
support and clothing Of the younger
grandchildren but especially stating
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