Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1894-02-11
Mr.. RUssE1.L's REMARKS.


"The executors of this will, Bishop
Kahn and Father Sullivan, had been the
particular friends of the late Mr.. Reilly,
aud for that reason had more than
common interest in IL. After the will
had been executed, several conferences
took place between Mr.. Reilly and the
executors, with reference to various
matters, in which all were interested,
and il was only after several OF these
conferences that the executors con-
sented TO act under the will. At one
of these interviews mention was made
OF the probability of q contest, and Mr..
Reilly then exacted OF the executors a
promise that II there should be con-
test they would take all reasonable
and proper steps TO sustain the
will they were 10 be executors under.
For that reason, as we'll as for the rea-
son that the executors had considered
It their duty TO protect and defend the
instrument under which they had &C
cepted q trust, they had endeavored to
prepare, by all reasonable aud legiti-'
mate means, to defend the instrument
against attack. How well that had been
had been done at least with a con-
scientous purpose, there can be no
doubt.
AT the time when the Will was
offered for probate in the lower Court,
no objection had been made to its being
established. If the present contestants
had attended before that tribunal, they
had contented themselves with listen
ing 10 the evidence OF the subscribing
witnesses when they were examined be-
fore MIR. Hook, and with permitting the
will to be admitted to probate without
objection. There was, OF course, no
reason at that time why the executors
should not proceed to qualify and to ex-
ercise the powers under the will.
"When an appeal was taken to this
Court. Il seemed TO the executors to be
their duty TO do what they reasonably
could TO sustain the will here. There
never had been, from the first, any
other disposition upon their part than
10 keep within the strict letter OF their
duty. and TO 90 what seemed TO be
right, without any feeling towards any
of the persons interested. In the course
OF a trial which had extended over a
month, il was unavoidable that things
should occur which were not pleasant
AZ the time of their occurrence. The
case had been fought with energy upon
both sidos,s and with great ability, at
least upon the side of the contestants,
and il was unavoidable under such
circumstances as those that some tenn
Dorary feeling should be engendered.
II would be wise on the part OF all
parties TO the controversy 10 let such
matters be forgotten, and l have no
doubt that this wise course will be
taken in this case.
"The executors have carefully con-
sidered what their further duty is in this
matter. There has not been reached
the final decree of this Court ia favor
Of the will, aud the executors had not
heen willing, as they understood their
duties. TO stop short Of that decision.
They had fought the case earnestly be-
fore the Jury, and after the verdict mad
been rendered, had. in good faith, in
sisted 10 the Court that a new trial
should be granted. in view Of what
they considered TO be errors In the rul-
ipes Of the Court upon instructions, as
we'll as with respect TO other matters
presented on the motion for new
trial. In this they have not been sue
cessful, and the Court has deliberately
decided that the verdict OF the
iurv should stand. Under these
circumstances, the executors do not con-
slider that they are called upon TO pro-
tract litigation. which viii neceSssr ily
be expensive, by carrying the case 10 an
Appellant Court, aud AN authorized
20 say for my clients that they will,
therefore, not except to the decision OF
The Courtin overriding the motion for