Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1894-02-11

new trial. and TO say that Judgment
may be entered without further excep-
tion from the executors, upon the YER
diet Of the jury"
Mr.. HUBBLRD's REPLY.
This friendly termination of the IA
nous case seemed TO be rather q sur
prise to the counsel for the heirs, and
Mr.. Russel's happy remarks brought
Mr.. Hubbard to his feet and be, on De-
half OF his. clients and co-counsel felici-
tated the Court, the attorneys ana
everybody connected with the case upon
its happy termination. he was grained,
he said, withSthe things which had been
said with so much proprlety by MI.
Russell. He knew that during the
course OF the trial some things had been
said and some things done on either
side, which at the time had seemed 10
the other side as il they might have
been omitted. At times there had
seemed to exist some little feeling be-
tween counsel, but on the whole they
had gotten through the case remark
ably well, and on looking back over tue
case there was nothing which could De
brought up to mar the friendly feeling
which now exists between the two sides.
There had been many temptations DUR
ing the trial, and upon both SIDES,
to go into matters which it was better
not to have referred to, and he felicita-
ted the Court and counsel that these
temptations had beeH$Svoided and that
these matters had not been touched up
on. He congratulated the executors
upon their course, and said that their
promise to defend the will in case OF
contest had been well kept. He paid
high compliment to the zeal and energy
of the counsel for the executors and the
honorable manner in which they
had conducted their case. The feeling
which seemed to exist with the execu-
tors, was met, he said, more than half
way by the heirs at law. They recog-
nize that in defending the will the exc
cutors had been simply dong
duty which had been
imposed upon them, and that they had
fully discharged that duty and had done
it we'll. He thanked His Honor, Judge
Campbell for the uniform kindness with
which he had presided over this Court
during the progress OF the long trial,
and the Justice with which he (Mr. Hub
bard), in all Difference to the opinion OF
opposing counsel, believed he had ar
rived at conclusion.
ADMINISTRATORS APPOINTED.
AS Mr.. Hubbard closed his remarks
Judge Campbell announced the appoint
ment OF James V. Reilly and George V.
Reilly as administrators Of the estate OF
Michael Reilly, deceased, and adjourned
the Court.
As soon as the Court had announced
the appointment OF the administrators,
it was agreed among counsel that Mr..
Hubbard should draw the formal order
of Court, disposing OF the case, and
then there was q general Interchange
of greetings and fluctuations by all the
parties to the litigation. Mr..
Hubbard soon got about the
preparation OF the order,
and when 1t was finished it was sub
mitted to counsel upon the other side.
The order sets forth, after the usual
preliminaries, "that it is considered and
IL is the sentence Of this Court, and 1t
doth hereby order, in accordance with
the finding Of the jury, aforesaid, that
the said paper writing, bearing date
June 25, 1891, and which on the
18th day OF February, 1892,
was admitted to probate by the Clerk
OF the County Court of Ohio county, and
by him ordered to be recorded as the
last will OF Michael Reilly, deceased, Is
not the true last will Of Michael Reilly,
deceased, and the probate Of the said
paper writing be and the same refused,
and the said paper writing be rejected
as said last will and testament"
The Tate executors will now
make statement or the
matters In their charge before Com
missioner Of the Court, and then all
personal and other property will be
transferred to the administrators, who
will proceed TO act as other admInistra-
tors and just as though there had been
no will made by Mr.. Reilly, dividing
the property among the heirs at law
share and share alike, as to per-
sonalty, while the realty will be divided
as it stands, sold and the proceeds d.
vided, or held together by the heirs
generally, as they may hereafter deter
mine.
The settlement of the case gives the
greatest public satisfaction, while at
the same time there is a general senti
ment that the executors could have
done no less than they did to endeavor
TO sustain the trust reposed In them by
the deceased.