Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-01-20


Strong Opening, and Who Win
Continue this Morning.
Thore was another immense Attendance
Mt the Court House, yesterday morning. TO
hear the continuation OF tho argumentin
the keillywlll case, the speaker OF the day
polng Hon. John A. Hutchinson, OF Par
korsburg, OF counsel for the contestants.
There was about tho usual number OF la.
dies present, and quite a largo attendance
OF members OF tho bar. Many prominent
citizens were among the audience. Re
foro Mr.. Hutchinson began. tho Jurors AZ.
tending upon the Court and not In tho box.
were called, and excused until Tuesday
morning.
MIR Hutchinson began by saving ho
would restate some Of the propositions pre-.
senlcd by his colleague In the opening
upon tho side OF tho contestants This
was not because those propositions had
not ocen fully and clearly stated, but be-
cause the proponents were relying largely
upon some recent decisions by tho West
virginia Courts, they having cited Kerr
V. Lunsford, Thayer " Martin, and 9th
ers Mr. Hutchinson referred To several
OF these cases, in their characteristic and
essential features, and said the same state
OF affairs did not obtain Ia the case OF the
Reilly will, which Was clearly the work of
an abnormal aud diseased mind, TO tho
injury of those who were the natural
bCnchciRries OF his bounty Ho next
quoted from Redheld on Wills, Sec. i25.
sub-Scc. ., AS illustrating his position
that something more than a merely passive
mind was necessary 10 make "A person COM
petcnt To make valid will The mind
must be not ouly passive. but active as
well He must be able To give out ideas
as well as To receive. He must be able to
formulate ideas. without prompting and to
hold such ideas in his mind, rather than to
be merely able TO answer questions intel
liRently. The speaker enlarged upon tho
idea AZ considerable length, presenting IL
In several different forms. lie followed
this up with Schouler on Wills, Sec 6S, as
10 tho character OF tho will Itself, taken in
connection with tho mind of the testator
and said that although the tostAtor might
have an Idea OF the disposition Of his prop
erty, In ha2y or even "A clear manner, vet
II there was an absence OF IA comprehension
OF all
THE FORCE AND EFTECTC
OF his proposed beauests, and the-sSnn1
| upon the objects Of his bounty, he woulp
| incapable, "and YOU can't make mo believe
that Michael Reilly had any such ideas. /
don't think any sane man believes that he
was mentally competent. Why good
deal has been said here about Michael
Reilly's love and affection for his son
Thomas-Thomas, who was the idol of
the old man. and for whom he mad pro-
vided In his will. We'll, Tom dled--Tom's
| gone Tom was unit, and he's gone, but
he left somethiug-he left IA wife, and he
| left more--he left family-girls aud boys
six or seven OF them-I forget the num-
Der. They depended upon Tom, and they
were dependents upon the bounty of his
father after no was dead. And the old
man loved Tom-yet when Tom was dend
be tore up his will, and left his family
nothing. There's love and veueration for
you There's ahectionl There's the
working Of an evenly balanced mind You
cannot make mo believe that he realized
what hc was doing"
Upon the point Of popular veneradon
| for wills and testameutary bequests-a
disposition TO think will Il holy and
righteous thinp-somothing 20 be spoken
Of with bated breath, and not 10 be mo
Tested, he read from sec. 90 OF Schouler on
Wills, and proceeded 10 argue that there
was no inherent right In man 10 dispose
OF his property by will as he pleased IN
was right not coming from God or in
herent Ia man. hut was solely the result OF
legislative action.
On the question OF unsoundness OF mind
and the effect on will, bo read from
Young v. Readenbaugh, ga Missouri
Mich0el Reilly understood he was going 10
make will, when he was driven 10 Mr.
Russelrs Office, and when ho went else
where, but On understanding was not by
huF llthuhs III iNht was necessary. In
critcising the will he did not reflect upon
Mr. Russell, who drew the document, but
he criticised IL as eminatiDg from the mind
Of Michael Reilly. Mr.. Reilly understood
he was making Will, perhaps. Ho may
have Understood that when he wrote
"Michec," be was writing Michael" but
did no understand the effects OF the trust
in all is rami ifCations, Of the effect Of such
a VIII upon his family and their childreni
Did he undefatand the effect that the pro-
a. HNnff fE.s.
triDutcd until the death Of the longest
liver among bis living children or grand
children would have. or did he understand
That by The effects Of that will tho grocery
business
THE IDEAL or HIs HEART
and about which, IN his dotage be used To
lingsr with loving care and say he was
still the boss" Tho "captain on deck
and 20 point that his "name was still on
tho .sgn"-that that business would be
closed up within six months after his
death, and his business flag furled and put
away forever as he had been. DO you think
no thoroughly understood all these thiugsf
/ do not, and don't believe you dOn
His next citation was from Sec. az of
SchOuler on Wills. as 20 inOhiciOus wills,
various causes ~ that end being ~eCited
aud commented upon by the speaker. and no
concluding that fair proof must bs 81 ven
BY the proponents that it was not on un-
natural. unusual or unjust will, and he held
that Ia this case the proponents had utterly
failed 10 do it
Mr.. Hutchinson begged pardon for bis
next citation from 'SanltarIan. 'fOf extracts
from Dr.Isaac Rays paper on tcstmentary
capacity, and he held. although tho paper
was written in 1877, the writer bad prophe.
sled, and hgd photographed in advance all
the essentials Of the case 40 bar Ho read
or man who made his will iD proper
manner, but whom ho attempted 20 revoke
~ iu q moment Of anger, and excitement
brought on by nu0ther'9 influence some
years later. by drawing his pen through
his signature, the Courts held that The re-
vocation was not a rational act, and main
taincd the viii. He appropriately COM
mcnted upon that, ard then PASSED 70 tho
claim by proponents for extraordinary
merit in tho evidence OF attosting wit
ness, and said if reputable and rospecta-
bic attoetiug witnesses was All that was
necessary. as claimed by tho proponents,
then any VIII could be made 20 stand by
th maker simply taking the precauton 10
ca in from tho street the most reputable
men the testafOr knew % attest the paper
As 20 the attesuDg witnesses in t1is