The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-01-18
MICHAEL REiLLYS Will.
An Appeal Taken by the Heirs at
Law Alleging That
He WAS NOT OF SOUND MIND
When the WIN Was Made-why the
Action Was Not Taken Sooner.
Nearly a Million Dollars Involved,
The Petition and tho order of the
Circuit Court,

A sensation was caused yesterday
around tho court house by the filing of
a petition by tho Michael Reilly heirs
at-law, protesting against the admitting
to probate Of the will Of tho late Mich.
ael Reilly, aud appealing to the circuit
court for a guardian ad Item for the
minors interested in the case,
The matter came up before Judge
Campbell yesterday morning, who upon
examining intoit, directed that an order
be entered granting the appeal, and di.
recting the clerk Of the circuit court to
issue summons to the executors Of tho
will, Rt. Rev. John ], Kahn and Rev.
John 7. Sullivan, and the other inter-
ested parties, to appear at tho next term
OF court and answer the appeal.
AS will be seen below the petition al.
leges that Michael Reilly was of un.
sound mental condition when he exc.
cuted the will, which 1t will be remem-
bored after making some minor be-
quests, placed the estate under tho exc.
cutorship OF Revs. Kahn and Sullivan,
the property not 70 be divided among
the hGirs-at-law until the youngest
gaandchild became OF legal age.
One Of the heirs OF the estate was
seen yesterday In answer to an in.
curry as 10 why the expected contest OF
the will had been so long delayed, he
said that there were many reasons. In
the first place, the Wholesale grocery
business was left on the executors
hands, A contest at that time would
doubtless have necessitated the placing
OF the business in tho hands OF an out
slider, This would have sacrificed some
thing Of the business.
II was understood and intended all
along that the will should be contested,
but II was thought best by the heirs
that the suit should not bebrought un.
til nearly the expiration OF the legal
limit, one year, in which an appeal may
be taken.
At the time the will was offered for
probate the heirs were unfortunately
nearly all i'll, besides being not fnan-
cially in a condition to fight the case.
The grocery business being now settled
and disposed OF, and other reasons for
delay passed, tho heirs exercise their
legal right and take the appeal.
TIE PETITION.
Tohs Honorable Judges ef&s Circuit cOat Of Ohio
county:
Your petitioners, James " Reilly,
George v. Reilly, John ]. Reilly, Michael
Reilly and Helen NJ. Jamison, respect
fully represent that they are children
OF and heirs at law Of Michael Reilly,
deceased, late OF the city OF Wheeling;
thatthev are aggrieved by an order Of
tho clerk Of the county court Of Ohio
county, made and entered on tho 18th
day OF February, 1902, admitting to pro.
bate a certain writing bearing date the
25th day OF June, 1891, as the last will
and testament OF Michael Reilly, de.
ceased; and that they desire to appeal,
and do hereby appeal, from the order
or sentence of the said clerk OF the
county court admitting to- probate the
said writing as the last will and tesla
meut Of the said Michael Reilly, de-
ceased.
Your petitioners state that the ground
Of their appeal is this, that at the time
Of the making Of the will the said
Michael Reilly was person OF unsound
mind aud incapable OF makinga will.
They further represent that besides
themselves the following persons are
interested in the probate Of the said
writing, namely: Ri. Rev. John ].
Kahn and Rev, John 7. Sullivan, who in
aud by said writing are appointed as
executors thereof, and who were per-
mitted to qualify as such by the clerk
Of the said county court, and to whom
as trustees all the property Of the said
deeedeHt purports to have been be-
queathed and devised for the purposes
therein mentioned, and also Virginia F.
O. Reilly, the widow OF said Michael
Reilly, deceased, Josephine NJ. Reilly,
the wife OF George v. Reilly, Mary Jane
Reilly, the widow, and Thomas w.
Reilly, Matilda @. Reilly, John Joseph
Reilly, Mary O. Reilly, Josephine Reilly,
Michael Reilly and Helen L. Reilly, the
children Of Thomas NJ. Reilly, who was
also son Of the said Michael Reilly,
and who died in the lifetime OF his
father, and Irene j. Reilly, the wife,
and Charles j. Reilly and Agnes g.
Reilly, the children OF James v. Reilly,
and A. q. Jamison, the husband, and
Michael II. Jamison and MaryM. tanii.
son, children of Helen NJ. Jamison, all
the said children Of Thomas NJ. Reilly,
deceased, except Thomas W. Reilly and
Matilda O. Reilly, and both the chill.
dren of James v, Reilly, and both the
children OF Helen NJ. Jamison being
under the age of twenty.one years.
Wherefore your petitioners pray that
this their petition may be fled, that an
appeal from the said order or sen.
tence Of the county clerk OF the
county court OF Ohio county be allowed,
that a guardian di Rtem be appointed
for the said infants and that proper
process DO issued summoning the per-
sons interested in tho probate OF the
said writing to appear and announce
their appeal and to do what Is necessa.
ny to protect their interests az the court
may direct, aud they will ever pray, otc.
Tho petition Is signed by Messrs. W.
P. Hubbard and John ]. Jacob, the at-
tornoys for the petitioners.
The petition camo up in Judge Camp
BELLS court yesterday morning, tho pc.
tition was granted aud tho following
order made;