The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1893-07-22
CONTRASTING A WILL.
Endeavoring to Prove thar George ea''o'
was Not of Sound and DIS
nns,ng Mind,

| Endeavorng to Prove that reoiSo o
was Not of Sound and Dis
posing Mind.
The Orphans Court for Cecil county
convened in special session on TUESDAY
, to hear testimony in the contested VIII
case of George Carter, the caVe"'or
being Samuel Carter, of Christians, ia,
brother of the decedent VINO recei'eu
no legacy in the will. The case Goa
timed until Thursday when an Adjourn
ment was made, court reassemoiing Oh
Friday morning when the case "ae
resumed. There is large numner Vi
witnesses and the case will prooaoiy
continue a number of days yet.
George Carter, a bachelor, died on
MAY the fourth last at the residence Oh
his sister, Mrs. Amanda q. Reynolds
wife of Ex Sheriff Barclay Reynolds near
Rising Sun. Mr.. Carter had spent the
winter at the home of his brother-ln Ia"
L.yman C. Blackburn in Lancaster
county. Pa. where on March 49,. 1875,
he executed will which at his request
was drawn by James Wood, President
of the Farmers National Bank, OF
| Oxford, Pa, whcm he appointed execu-
tor. Mr.. Wood and Mr.. Blackburn
were the attestiag witnesses. The VIII
was as follows:
| George Carter now o! Fulton town
ship, Lancaster county and State OF
Pennsylvania, being weak of body out
| of n sound djsposiug mind and memory,
and being reminded of the uncertainty
of this life, do make and publish tnis as
nv last will and testament in manner
following to wit, hereby revoking all
other wills heretofore made:
First-Is is my will aud do order that
all my just debts and funeral expenses
be paid by my executor hereinafter
named, out of the first money coming
into his hands belonging to my estate.
Second-I give and bequeth to my
sister Amanda Reynolds, three thousand
dollars.
Third give and bequeath to my
sister Hannah HollingswoIth, five hun
dred dollars.
FOURTH give and bequeath to my
sister Ruth Ann Carter, three Thousand
dollars.
Fifth give and bequeath TO my
niece Sophia Reynolds. one thousand
dollars.
SIXTH give aud bequeath to my
niece Maggie Stubs, one thousand dol
lars.
SEVENTH give and bequeath to my
niece Caroline Blackburn, one thousand
dollars.
Eighth give and bequeath to Mar
ietta Townsend daughter of Henry +.
Townsend of Little Britain township,
Lancaster county, Pa), two thousand
Eve hundred dollars.
Ninth-And if it should appear that
after the costs and expenses of settling
my estate, there should be any residue
or remainder, it is my will and do order
that it be distributed pro rota amongst
the above named legatees. And if there
should not be sufficient to pay the lega-
cies in full, then the amount shall be
deducted from each in the same proper
ton as above stated or mentioned.
Lastly-I do hereby constitute and
appoint James Wood, executor, of
this my last will and testament, and with
full power to act legally in all matters
relating thereto.
In witness whereof I have hereunto
set my seal the eighteenth day of March
one thousand eight hundred and ninety
three, 1888. GEORGE CARTER, (SeaD.
Signed, sealed declared and published
by the above named George Carter, as
for his last will 2and testament in the
presence of us, who at his request and
in his presence have subscribed our
names as witnesses thereto,
LAYMAN G. BLACKBURN, (SeaD.
JAMES WooD, (SeaD.
When Mr.. Wood offered the will for
probate at the Registers office in Elkton
on May % last he testified that he drew
it and that the deced ent Mr. George
Carter was at the time OF its execution
of sound and disposing mind. while MIR.
Blackburn the other attesting witness at
whose house MI. Carter had lived during
the inter testified that he did not think
Mr.. Carter was in fit condition Of mind
to make will at the time he executed
this one, aud had not been in fit condition
to do so during the winter. The will
remaining unprotected Mr.. Wood by his
counsel Albert Constable pstitioned the
court to order it probated. Mr.. G. c.
Croshers who represents Samuel Carter
opposed the petition, and the Court
fixed Tuesday to hear the testimony as
to the mental condition of Mr.. Carter
at the time he executed his will
At the opening of court on Tuesday
their honors Judges McCauley, Davis and
McNamee occupied the bench. Mr..
Blackburn was put on the stand and his
testimony consumed greater part Of
the day. Iu point he testified that he
making valid contract. He stated
that he signed the will as attesting wit
ness first, Mr.. Wood followed him Mr.
Cater the decedent was the last to sign.
Mr.. Wood was called in the afternoon
and his testimony IN substance was to the
effect that Mr.. Carter sent for HIM to come
| to Mr. Blackburn's and also wrote him TO
| that effect. He went and Mr.. Carter took
him into room and stated that he had
summontd him to write his will. He asked
! him how he wanted it written and Carter
took out of his pocket IA piece of paper on
which were the names of bis legatees and
the amounts he desired to bequeath each,
with the exception of Miss Townsend, &c
whom he told Mr.. Wood he desired to
bequeath $500. Mr.. Wood asked him how
| much his estate was worth and Mr.. Carter
replied that he thought it would pay expen
ses and divide S12, 900 Mr. Wood returned
| in two days afterwards with the will pre-
pared and gave it to Mr. Carter, who went
| into another room and examined it, return
| ing it to Mr.. Wood say ing it all right
| After dinner they retired to a room where
| Mr.. Black burn was sitting at a table writ
| ing, and Mr.. Carter drew up n chair and
signed his name. He then pushed the
paper over to Mr.. Blackburn who signed as
a witness after which he, Mr.. Wood, as the
other attessipg witness, signed, He, Mr.
Wood then sealed up the will and handed
it to Carter. He saw no more of the will
until it was handed to him by Mr.. Barclay