The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-01-24
INSTRUCTIONS DELIVERED.
Tep Judge Gives Instructions and the Ju,


Toy Judge Gives Instructions and the Jury
NetIres.
The circuit court, Judge John A.
Campbell, presiding, before which the
Michael Reilly was being tried, con.
i vened yesterday morning in Part 1 at
0:SO o'clock. The judge Mt that hour
was not ready to communicate to the
Jury the instructions. 1t was nearly 10
o'clock when the judge appeared with
the instructions. Judge Melvin read
the instructions prepared by tho pro-
ponents OF the will and AIr. Hubbard
followed and read those prepared BIZ
the contestants. The judge next gayo
the form OF verdict to the foreman, and
at 1905 the jury retired to tho iury
room. At 12:l5 p. m. they returned
to the court room. Clerk Walton asked
F il they bad agreed upon verdict; tho
foreman, Mr.. Noble, answered that they
4 had not, but wanted to 90 TO dinner.
This request was granted and court was
adjourned until 1:30 o'clock in the alter
{ noon.
The instructions given the jury are as
follows:
PROPONENTS INSTRUCTIONS.
No. /. The time to be looked to by
the Jury in determining the competency
: OF the testator to mako will is the
time when the will was executed. II
s therefore, the jury believe from tho
evidence that Michael Reilly was COM
: petent to make will at the time OF tho
execution Of the paper writing in evi.
dencc OF June %, 1891, it matters not
.5what his mental condition may have
4 been at any other time or times.
No.. 1t is not necessary that per.
{ aon should possess the highest qualities
OF MUD in order to make will nor that
\ he should have tho same strength OF
!, mind which he may have formerly had,
II Tho mind may DO in some degree dc.
a bilitated, the memory may be cnieebled
Z the understanding may be weak, tho
character BIO eccentric, and he may even
\ want capacity to transact many OF tho
ordinary business Affairs OF life. Il is
sufficient, too, II no possess mind on
s.ougii to understand the nature OF the
business in which he is engaged and to
$recolect the property he means to dis.
{ pose OF, the objects OF his bounty and
the manner in which he wishes to dis
{ tributei it among them.
\, No. 5. In an issue OF this character il
is not necessary for the proponents to
i prove the mental capacity OF tho tesla
tor beyond all reasonable doubt. 1t is
Y sufficient II this may be shown by a
prepondcrance OF evidence.
i55 No. 4. In determining the question of
( mental capacity OF q testator, the tes,i.
mony OF the attesting witnesses TO the
willis entitled to peculiar weight.
No, S. Old ago is not of itself sufficient
evidence Of incapaclty to mako will.
u No. Q. 1t requires less capacity 10
4 make n willthan it does to make decd.
No.7. II the jury believe from the
evidence tina. Michael Reilly Mt tho time
Z Of executing OF tho paper writing in
evidence OF June %, 1891, was OF dis.
posing mind aud memory, and acted
i freely, tho validity Of tho paper writing
\ cannot be impeachcd even il the jury
4 or others deem its provisions or any OF
q them unreasonable, imprudent or unac-
cotn,abie. Where tho testator has the
legal capacity to make will he has tho
legal right to make an unequal, unjust
!! or unreasonable ono.
5i No: s. Even il tho jury believe from
the evidence that Michael Reilly in exc.
y cutting the paper writing in evidence OF
z June %, 1901, was influenced by feelings
OF resentment or dislike toward his
children, yet this will not serve to in.
,5validate such instrument; if they iur-
u Their believe from the evidence that at
the time OF executing the same he was
Il possessed OF the requisite capacity to
make q will and act freely; aud this il
SO, although the jury may further be.
ID lieve from the evidence that such feel.
{ings werc unreasonable or unjust, or
&that they originated in mistaken mp.
i; prellension Of facts. II
No. Q. II tho jury believe from tho
evidence that Michael Reilly at tho time
Il OF executing the paper writing June %,
lsol, was mentally capable OF under.
4 standing tho disposition which he wa,
making Of his property and acted freely
Sitia immaterial that he gave ono child
but, "a nominal sum or that no failed Ia
make equal provisions for his othe,
children, or. that he by such papcr
i, writing postponed tho final distribution
Fgoi his estate until after tho death of the
I last survivor OF his living children and
& grandchildren. II he had a disposino
4 mind and memory he had fright TO dc
z as he pleased with his property.
i, No. 10. "a lthoughth jury should find
s&that NIichncl y Reilly aincorrnctlys vrotr