The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1894-12-15
THE STEWART WILL CASE.
The Supreme Court Decides this Pa-
nous Case for the Plaintiffs.

The Stewart will case is no more.
The Supreme Court Of Appeals has
affirmed the decision of the circuit
court, which was for the plaintiffs,
William ii. Stewart and others, the
style of the case being William II.
Stewart ct al Ys. John Stewart, de
visee, &c.
Dickens Jarndyce vs.. Jarndyce in
Bleak House, the case so long in
the honorable court of chancery j"
has somewhat of counterpart in
this famous will case. probably the
longest standing of any ever brought
in the county.
This was suit in chancery brought
a good many years ago, in the cir
cult court of this county, to partition
the farms and divide the personal es-
tate of the heirs of Robert Stewart,
who departed this life in the early
part of this century, leaving surviv-
ing him IL sons and daughters. All
lived and died ON the home farm
near Stewartstown, and none of them
dying under 80 years of age-the
most of them in S0-and only two of
these children marrying, and having
issue, the suit being brought by the
heirs of the two who departed this
life many years ago There were II
plaintiffs in this suit, claiming their
share of the large estate, against the
defendant, John Stewart, who claim
ed under the will of the last survivor
of the two old unmarried aunts, who
died but few years ago, the proper
ty, or the larger part of it.
OF these original eleven shares in
this large estate, now worth many
thousands of dollars, only two of
them died testate, the others liveing
their long lives ont at the old home
laying up their money and keeping
it concealed at the old home, not
trusting it to the banks. Along in
1885 the old homestead burned down,
and alarge amount of money was sup
posed and alleged by the plaintiffs to
have been in the house at the time
and, in fact, there were old coins of
foreign lands that were found in the
ashes, which undoubtedly amounted
to several hundred dollars, and a
great deal of money was saved from
the fire, among it being English bills,
Spanish, German, Portuguese and
Canadian coins. The eccentric old
ladies were supposed to have lost
great deal more by the fire than sim
ply dwelling and furniture.
The suit had been of long standing
even at this time but soon after this
fire the original papers in the chan
Gerry suit were unfortunately destroy
ed by another fire, when Judge Dille's
office was burned, and the case had
to be supplied and brought on afresh
and the whole case gone over again.
1t was long fight, but the plaintiffs
were victorious and recovered some
ninety odd acres of the valuable coal
lands and large sum of money from
the defendant, John Stewart.
But that was not the end, as might
have been supposed it would be.
Then was when John Stewart, after
fighting the case in different ways to
have the DEGREES set aside below, by
motion and by bill of review, took an
appeal to the Supreme court of the
state and the record in the case was
as large as good sized book, after
being printed. The bill for printing
the record alone was several hundred
dollars, one of the largest ever known
in the state. The case was finally
passed upon by the Supreme court
last Saturday and the decision hand
ed down in favor of the plaintiffs.
The decision of the Supreme court is
fattering confirmation of the Judi
cial acumen of Judge Hagaus. He
decided the case last year, and had
done so twice before, and the last
time upon report made from mem
DRY by Hon. John j. Brown, who had
been the commissioner in the case
previous to the time the papers were
burned in the Ollie fire-in fact, he
bad made those papers.
Cox d Baker were the attorneys
from start to finish in this case, as
styled in the last decision, for the
victorious side, and had TO meet
three leading attorneys of Fairmont
representing the defendants and the
winning of the suit is a plume of
brilliant lustre in their helmets, as
the Marion attorneys had to sur
render to the decision of our court
of last resort.