The morning news., 1894-08-03
The HOVER CASE SETTLED.
An AmiCabIe Agreement Brings Liti-
CATION TO an Abrupt Close.
An Order Taken withdrawing the Ca

/ veat and the Appeal Dismissed.
/ Terms Upon Which the Settlement
/ Was Efected-The Testimony Taken
Yesterday-Maj. meIdrlm Makes a
/ Statement to the Jury.
/ The contest over the Hover estate was
/ settled amicabIy and satisfactorily to all
I parties yesterday, and the proceedings
were brought TO an abrupt termination
shortly before the court adjourned at ?
/ O'Clock.
/ The proposition looking toward an
| amicable settlement was made by the
/ plaintiff, Mr. John Sullivan Schley, after
/ the trial had progressed to a point where
/ IL was clearly and legally established
/ that Mr.. Schley had at all times acted
/ houorably and in good faith toward Mr.
/ Hover and his family
TERMS OF THE SETTLEMENT.
/ The terms of the settlement it is un-
derstOOd were that the expenses of the
/ litigation and costs of court should be
paid out of the estate as it stands, and
I that il should then be divided into three
! equal parts, one of which should 90 to
Mrs. Laura II Hover, one TO her daughter
| Lily NJ Hover. and the other to Mr..
/ Schley, to whom the will as it stands
! leaves twO-thirds of the estate.
! The estate amounts 10 about $4,000,
/ which will give each of the legatees, &C
/ cOrding 10 the settlement, about 5000.
| The caveat was withdrawn and the APP
/ peal dismissed. The will thus goes back
/ TO the ordinary's court as IL came from il.
but the executors will carry out the terms
of the agreement which has been reached.
THE TESTIMONY CONCLUDED
When court convened, MIR. Schley re-
sumed his testimony. He stated that in
drawing the wills for Hover which were
placed in his hands, Hover always ex-
pressed himself clearly and knew what
he wanted done. A letter was read TO the
jury written by Hover giving instructions
as TO the drawing of one of the wills His
memory, MIR. Schley said, was good and
he remem bered people and called them by
name, even though he had not seen them
in years. Hover, he said, always drew
his own checks. He said he was always
sober when making his wills, and never
came into his Office in any other condition.
Mr. J. Il. Saussy testified TO the fact
that he had known Hover for years and
had always considered him of sound mind
and memory. He saw him a short time
before his death and found him rational,
and 50 far as he knew, Hover was con-
sidered a sober man.
Messrs. A. c. Wright and J. L. Whatley
testified to having witnessed former wills
for Hover, and considered him of sound
mind and memory. The plaintiff closed
! here.
/ Mrs Hover was then recalled, and sew
! eral questions were asked her as to her
! treatment of her husband. She denied
! that she had ever beat him or pulled his
! beard, or that she had treated him as
! badly as had been alleged. Mr.. Maull
! was also recalled to explain certain points
! in his former testimony.
MAI. MELDRIM's STATEMENT.
The settlement of the case was agreed
upon shortly before 2 o'clock, and it was
announced TO the court that this determi-
nation had been reached.
Maj p. w Meldrim, the counsel for
! Mrs, Hover and her child, then stated to
! the Jury voluntarily the following: I'VE
have agreed to settle this case, and the
| Caveat will be withdrawn. l beg to say
that we are satisfied that Mr. j. S
/ Schley has acted honorably and in good
faith toward the late Mr.. L. L. Hover and
| his family"
MIR. j. r. Saussy drew the following
order, which was agreeable to Mai p w
| Meldrim, and IL was signed by the court :
And now in open court comes the said
| caYeatrtX, by her attorneys, Garrard, Mel
/ drlm Newman, and withdraws the caveat
| hled In said cause and dismtsses the appeal
/ from the court OF ordinary. Whereupon it is
/ considered, ordered and adjudged that the ap-
! peal from the judgment of the ordinary in the
| above cause he dismissed and that the said
! last will and testament OF Lemuel L. Hover,
! deceased, be remanded TO the court OF ordi-
nary of Chatham county. with a copy of this
| order under the signature of the clerk and
| the seal of this court.
EFFECT OF THE SETTLEMENT
This brings to an end what would have
been, If continued to the end one of the
| most interesting cases ever tried in
! Chatham county court. The effect of the
order is to leave the will as IL stood before
! the appeal was made. The settlement
was between the parties to the suit and
was not made a part of the court records
The case was ably handled on both sides
! Mr. Edward S. Elliott appeared for the
executor, MIR Charles N. West and MIR
j. r. Saussy for Mr.. Schley, and Maj p
| w. Meldrim for Mrs. Hover and her child
WILL SOON BE MAI. LAwToN.
Mr.. A. R. Lawton, Jr., Passes His Ex-
animation Before the Military
Board.
Mr.. A. r. Lawton, Jr., who was re-
Gently elected major of the Second bat
TALON of the First Georgia regiment,
passed his examination before the mill
tary examining board yesterday.
The board consisted of Capt J. F.
] DEOOkS OF Ine I lfSb regiment, OdpJ, L. -.
! WyllY, Jr., of the First battalion Savan-
nah Volunteer Guards, and Lieut. p. +.
Gleason of the First regiment. The last
named acted as recorder of the board
The examination was held at the ar
mory of the First Georgia regiment, the
examining officers being in full uniform
A member Of the board informed a MORN
/ ING NEWS reporter last night that MIR
LawtOn passed a most creditable exam
ination, in fact, he said, it was practically
perfect, The report of the board was
mailed to the adjutant general last night,
and Mr. Lawton will probably receive his
commission in a few days.
Mr. Edward Karow, who was elected
| major of the First battalion of the regi-
ment, is expected back in the city about
| Aug. 10, when he will stand his examina-
tiOn before the board
THE MARVIN EPwoRTH LEAGUE