Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-01-19

was unable TO look after the property. and
would put IL Ia trust, and the ooy had said
'ather, have only one request 10 make.
ou leave all the property 70 the other
fellow, and make me tho trusteei" So IL
was with this Will IL was all for the
trustees. Five Of its seven clauses related
10 the trustees And ia summing up the
VIII, be said IL left an estate OK az IN
known amount to unknown trustees for
the benefit OF unknown hoirs. IL was an
insane thing 70 do, TO leave IL 10 trustees In
the way he did, and he would not say that
way, had not one OF the proponents own
witnesses used that term. That witness
had qualified his evidence later oy saying
u was not so strange "a 70 one OF the ex-
ecutors-Bishop Kain-but IL was true as
10 the other. II: was strange he should
have named either of them, for his mind
SO far as he had mind, ran away from
religion 70 business. and one OF his crit
icisms or his son Thomas was that he ran
too much 10 theology" Michael Reilly. in
tue years before his mind had been swept
from the moOrings OF common sense by an
unnatural hatred OF his sons, had said that
a too close contemplation OF theology un-
htted man for business, and in that he
was right"
Continuing 20 talk about the will, the
speaker said that under its provisions the
sons were not really entitled TO anything.
The payments were left 20 the discretion Of
the trustees, and now one of these trustees
had removed from among Us permanently,
TO our loss, and that discretion was left 10
one trustee. who had intimated the chill
oren might breathe their last breath in a
poor house. Continuing his criticism Of
the Will, he said this sane willn left the
estate In trust until the death OF the last
OF his living children or grandchildren"
and then went on in the next clause 10 say
that III my daughter should die before the
a "a rrvuF ~ sIN N
know what the jury thought or a will
which In one breath said everyone must
Gle, and ia the next said If anyone should
die certain things should come 10 pass
And yet they say this will is the produc-
tiOn OF sound mind He thought the
executors could have written the whole Of
the will, except that provision which re-
lated 10 the advances made TO his children
That was
THE ONE PROVISION
OF the will which no stranger could have
put in, and therefore Michael Reilly's in
telligence, and recollection and sanity must
be called in TO see il what the will said in
that respect was true, and whether aC-
counts had been kept Of the advances made
10 the children. "Wcll, was il true, that
Michael Reilly had Kept accounts, although
not complete onesN Do YOU rememb Der
what the witness O NELL saidl lie said
no such accounts had been kept, save such
as were kept with other employees" There
were no such accounts, and none had been
kept, and when the proponents had gone
through tho safe, they had hshcd out three
notes, all OF them barred by the statute Of
limitations. and none Of which filled the
dill. What the will said In that respect
w9sn't true. because IL couldn't be true,
and this was the only thing ia the will
which couldn't have been written by any
one else just as well as by him.
MIR. Hubbard took up the sigma
tUrO OF the will. md the
misspelling Of the name Michael
twice in it, aud he SAID he agreed with Mr.
Riley that il he had been simply ignorant
he would have made the same error IN the
name and not have spelled IL "Micheen in
one place and michel" in another. IL was
not ignorance, but he no longer had the
brains To assemble together the letters Of
the name Michael and thus when he
tried twice TO suell il he failed, and spelled
10 one way in the one instance, and another
way in the other. "Nhy. the law saws a
man must be able TO recall his property
and here in this case be could not recall
that which a man gets first and keeps the
longest-that which isgiven him in his era
die and which is put over his grave-his
name. IL seems to me that III n
test Of his mental capacity had been sent
down from Heaven, not even the councils
OF tho Almighty could have devised bet
ter measure OF his fitness or unfitness TO
make q will And be thought the attest
failed to see that fatal mistake. and II they
did, they wholly failed TO note its singular
Importance.
IL did not ask for the sympathies OF the
jury. His clients did not ask for sympa-
thy. They asked for no favor, and en-
treated for no charity. What they de-
mauded was that tho jury do their duty,
aud the jury had peculiar opportunity TO
do their duty and do what was right To
permit the stand to be taken that this will
was a true one would have a far-reaching
effect. IL would not take many such vor-
diets TO determine the people and the Leg
islature to wipe out a law which would
permit that sort OF thing 10 be done
MIR. Hubbard closed with a confession
that perhaps mistakes had been made by
counsel, aud he had made probably more
than his share, but through it all he was
confident counsel had attempted to do its
duty. inevitable mistakes to the contrary.
The jury, however, need make no mistake,
and il would make mono if it brought in a
verde. against the Will.