The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-01-20
are to settle the law on the subject

l the power 70 Say
j shall be made in the state
/ Michael Reilly may have written ali
/ these letters, and had a mind suincienI
/ Tor this. We do not claim Michael
Reilly was a crazy, frantic Iool, but ne
was under an insane deluslon which
caused him to make that will. When
the children are disinherIted the cause
is a proper subject to be investigated be,
/ fore q iurv. You have no doubt asked
/ vourscIves the question: Whywas this
/ thing done this Hay2 Has not the
/ proposition that the will cannot stand.
/ on account of this unnatural feeilng
toward his children, been sustalnedf
] Another Pennsylvania case was cited.
| will which outrages common feeling
| is to be considered in connection with
testimony on the subject not neon
| sistent with the mental deluslon regard
ing certain objects.
When man cuts off his whole family
and puts it in the hands of gentlemen
| like these who are no kin and have no
sympathy for these children except as
/ spiritual advisers, and we CAP prove
his mind wasswarped toward his chilt-
rem, you are bound to say on your oaths
this was not the will of Michael Reilly.
AT this point Dir. Hutchinson sus-
| pended his address until the afternoon
session.
.
At the beginning OF the afternoon
session Mr. Hutchinson said he had
! omitted to cite an additional opinion as
TO special derangement; Johnson Ys.
Moore, in the Kentucky courts. The
| syllabus of the case concerns man
| under delusion toward his own family
or nearest relatives. IN relation to the
| disposition OF his own estate. George
Moore having no children made Will
leaving his property to strangers HIS
brothers were his natural heirs, and In
one will he made them the objects OF
his bounty. Later he made them the
objects OF his hate. One Of the wit
| nesses asked why he had cut OF MS
brothers and he said they had tried
to defraud him OF his estate. This case
| compares almost exactly with the one
/ now on trial before you. It was shown
he was rational in regard TO ordinary
i business affairs but TIL regard to MS
family, like Mr.. Reilly, he was irrational.
If you believe that before the will was
made he was laboring under this delu-
sion regarding his children, it is void.
Asto undue influence, the speaker
said there is substantial ground for this
contention. This proposition is not
made lightly, on slight grounds, but is
based on we'll settled grounds of public
policy and utility. Bear in mind man
has a right to make will if free from
influence and when rational. Even q
man of sound mind can't make will
under the overruling influence OF q
power he can't resist. That's what is
called undue influence.
What about evidence of undue infiu-
encc? The confidential attorney is
compelled to show there is no undue
influence in his favor; the Same with
regard to the family physician; so with
| a guardian who benefits by the will So
with all the confidential relations OF tho
testator The law lays the finger OF
scorn on the advisor who in old age eX-.
ercises an influence and benefits by It,
| 1t is claimed and admitted that Right
Rev. John IT, Sullivan, the pastor OF
Mr.. Reilly, had grown up with and knew
him, and knew his family We have
very little OF the history of Father Sui
liyan's relations with Mr.. Reilly. Alter
| Thomas's death Mr.. Reilly was sought
out by Father Sullivan. We find him
visiting Mr.. Reilly almost day after day
at tho store. We don't know what was
| going on at these interviews, which took
place in the sugar room, generally OF
an hours duration.
POWELL DID NOT LISTEN,
| and we don't know That there was q
purpose in these interviews there is no.
doubt, for Father Sullivan being of
sound mind had q purpose in view.
| One or two visits might have been in
| his pastoral capacity, but as to the
Others, to say that is to say something
you and don't believe. What was said
before and after furnishes additional
proof that Father Sullivan had hand
and a voice OF counsel or persuasion in
tho making of this will. We have
! abundant proof OF this. You are bound
to believe White, for there sits Father
Sullivan. who is a competent witness,
| and could testify to the truth of tho
transaction. His Office does not cut
him off as competent witness.
He told White about certain parts
of the will. 1t is his duty as q
clergyman and gentleman to contra
i dict it, if he could, and not having con-
| tradicted it, you are bound to believe
White. 1t has now passed beyond tes-
timony, and it is settled fact that at
some period Father Sullivan had q hand
in this will, according to the testimony
| OF the witness, White.
From the days OF Isaac down men
have been the same. The greed and
lust for gold form a tempter to wrong
doing which will be done before God
and man. lie referred to the old
Grecian customs regarding wills, where
the claims OF the blood kindred are ad-
vocated by the orator. Demosthenes.
1 No doubt in Father Sullivan's librar-
les will be found ancient works on how
| estates were wrested from aged and
weak men. He referred to the power of
abbeys and the wealth of priests in the
olden times.
/ He next cited case on Wills in
which it is stated the laws OF other
countries show instances similar to
those found in this country, and it has
.ceive bounty from ono of his flock. q
law to that effect was passed in France,
a on account of tho abuse OF this power
4 OF the priest. Tho position OF spiritual
advisor gives opportunities almost I'M
bounded for undue influence. General
| public policy and utility demand that
no such influence shall be exercised.
Mr.. Riley says this will does not give
the trustees the property. It gives it to
them to sell, to rent, to lease, and is for