Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-01-17

CITING AN AUTHORITY.
ought to be, and from that dictation the
nrst draft OF the will was prepared Sub
sequently this draft was read, aud the va.
rious provisions discussed, aud suggestions
Tor changes made by Mr. Reilly, Mr. Lamb
and perhaps by MIR. Russell. and the Ques-
ZION OF the acceptance OF the trustees WAS
talked of. MIR Reilly saw one or both oi
the trustees ami reported at another meet.
Ing at MIR. Lambs, and then the will was
executed as thoroughly satisfactory. IL
was the duty, under the law, for Mr.. Rei.-
" and Mr.. Lamb TO know
THE MENTAL CAPACITY
OF the testator, and ho cuqu,rcd where
there would be fOuod man who would be-
lieve the venerable Mr.. Lamb, VINO had
pracuced his profession IN the city for
more than hfty years, and who had the es-
tecm and venCrAtiOg O fevery citizen, would
place bis signature mptoperly - suCh q
paper. Nor was il to De dreamed that n
man Of the standing OF Henry NJ. Russell
would place bis name 10 will
mace by man mentally in
capable. On the contrary Mr.. Russell
said De took particular notice Of Mr.
Reilly's mcltal and physical condition, at
the time the paper was drawn and eX-
ecCted, aud in his opinion the testatOr was
OF sound mind, ANA here he again recalled
10 The Jury that the law said peculiar
weight must bC given. TO the testimony Of
the at'eSupC witnesses. In the opinion OF
- sTeai.sr, the altesting witnesses were
tiled to a peculiar consideration for
another re0sor-oecause they were men
OF high proo!ty Of Intelligence and Of
standing in thecOmmUuity.
Mr. Riley next recOUnted the meeting at
the National Bank, between Mr. Reilly,
ms counsel, ana tine trustees, and said Mr.
russell had testified that al that tune Mr..
Reilly was 10 good condition, not drowsy
or sleepy, aud was in his usual state gen
orally. Itc SAID the attorneys on the other
s,Cc had nugr much out OF little in Mr..
ReiIly's emitting letter from his first
name, and hGd Inferred from that first
that he didn't AlOw how 10 spell Michael.
and farther that he was mentally inca
pable. 10 was IL evidence that he usually.
all MS life, signed his name m Reilly"
and 10 bis old axe he was nervous. and
was liable 10 drop letters from words. The
writing OF bis name was more mechanical
than mental with him, and was shown oy
spelling his first name Michael in one
place, and '-M.cleh ia the other. Ia one
case ne spelled the last syllable right, aaj
and in the other the first was right
Inc next question discussed was one he
SAD ne did not think was involved ln the
VIII al al, but as the contestants had at
tempted % show taut some
JSurE INFfrEN,Fs
hGd been eNe- Cd over Elr Reilly he dc.
c.dcd to talk about .t for ID few moments
IL was the duty Of tue contestants 10 prove
ina, undue influence. was 70 evidence
that after the death or Sir. Reilly 10 was
some months before The will was urohatcI.
and Do was eleven months after On q probate
before the petition was II He'd and the apDeal
taken. uter tl' ia", The parties contest
ants must a.Iclr Iat prove undue influence.
else D. was nor Is matter t9r tls jury. bltas
'the guest 3u has .a raised .u 3D. ...aI OF
way uy Tie contestants. and evidence