The morning call., 1893-07-27

grant and convey unto my daughter Julia v.
Terwilliger. the following described tract of
land: East half of TIL Donation Claim. No. 80,
In sectian nine, ten 10 and 16, township 1
south. range l east. i being the Donation
Claim Of James Terwiiger and Philinda Ter
wlliger, in county and StaIe aforesaid all OF the
said Land thet is not disclosed of after my
death, and The death OF my husband, James Ter
williger shal belong 10 my daughter Julia V.
Terwliger, In hur own Right forever after
over death.
In testimony whareof, have hereunto act my
hand and seals. this End day OF September, In
the year OF over Lord. 1872.
PHILINDA TERwILLIGER.
JAMES IERWILLIGER,
w,tness A: Higgins,
"nnesS' WILLIAM TERwILLIGER.
On the back the following Endorsement
appears:
COUNTY OF MULTNoMAH,
State af Oregon
Before the undersigned. Justice OF the
peace for the precinct. IN the county and State
aforesaid appeared the above-named Phtlinda
Terwiiger and James Terwilliger, her bus-
band. to me known to be the individuals de-
scribed IN, and who executed the above con-
veyance ento the said James Terwilliger.
acknowledged that She executed the same, and
the said philinda, being by me eXamand Sepu-
rate and apart from her said husband. then and
thare acknowledged that she executed the
same freely. and without fear or compulsion
from any one, this day of September, 1872.
The deed TX" is written on sheet taken
from one side Of an account book, and the
other next leaf was used for the will. The
paper was soft and the fiber porous, and
ii was poorly and dimly lined. Four sigma
lures of John Terwilleger, taken from the
books of the County Clerk. where he had
signed his name " hen receiving warrants
due him as Justice of The Peace. were in
trOduced by the complainant. One sigma
ture, taken from mortgage. and another
from a marriage. returns filled out and
signed by him. were admitted in evidence
as being genuine signatures, and an &C.
count-boOk in his handwriting containing
fifty pages OF divers accounts was also ad-
United as being in his handwriting.
These and the several signatures of Phi
linda Terwillg6r made an interesting
showing on the trial of the case, which
hinged, it seemed, upon whether the sigma
ture OF John Terwlliger as witness to
the will was genuine one. He was a
brother of James and left Oregon in 1881,
dying soon after.
His admitted writing affords wide field
for the exercise of talent for discovering
Instances of variable penmanship. There
are. very many marked differences, much
greater and more difficult of reconciliation
than those pointed out between the stand
ards and the disputed signatures of the
will. In the cuts published the ''Terwil-
Tiger" is from Solomon Terwllliger" in
the account-b book, So are also the James
Terwiliger" and the "rhomas," the latter
being in an entry OF the name "IhOmas
Stevens" The last example of John" is
from the disputed signature to the will.
| From the testimony 1t appeared that at
| the time OF Widow Philinda Green's mar
| riage to James Terwiliger she could not
write and that re taught her how to write
| her own name.
| The testimony OF John Orvis Waterma n,
who was a newspaper publisher at one
time, and subsequently Probate Judge of
! Washington County. and again the Post
master of the city of Portland for about
six months, is direct and positive as to the
| execution OF the Will. lie stated that Just
after the great fire in Portland, in August,
1873 he wrote Philinda Terwilliger's will
| at her request, and that she said to him
that 'she wished to arrange her business
and to give Julia her property" He and
| John Ttrwilliger signed the will at the
family residence. When he was asked if
Mrs. Terwillieer gave any explanation as
to why she simply gave the clock to Will
liam. he said:
"Yes, sir; think she said that he had
| hnd his time to make money, and had not
helped accumulate any of this, and she
wished Julia to have this PORTION; that
the boy. by former husband. had had his
| time to make money, and had not helped
to make any of this"
| The great expert, DR.. r. w. Piper of
| Washington, ID. c., was of opinion that
the signatures of Mrs Terwilllger to the
deco and TO the will were genuine; on the
other hand the Green family secured the
services OF numerous experts. among them
Messrs. Hyde and HickoX Of this city. and
they prom ounced them forged. An erasure
had been made, and cordng TO the find
ings in Judg- Hawley's decision Mrs Ter
williger never made any erasure.
The original joint donation claim en-
braced fraction over $50 acres altogether.
Tie Greens alleged that Mrs. Terwilliger
owned $50 acres of it when she died in
October. 1878. and that she made NO will
whatever. The property is now among
the most valuable 10 Portland. and runs
from the Portland macadamized road to
the willamette r yer.