The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-01-19

established as MS Will. a lew SUCH
verdicts would wipe out the law re-
fearding the right to bestow the prop
erty as he shall think best.
As far as he was concerned he was
about done. 1t has been a long trial
and in the main pleasant one. Such
matters are a little wearing, and he had
perhaps made mistakes. It is now for
YOU TO discharge your duty without
making mistakes. There is no fear that
YOU will make mistakes, for that duty
can be done without a mistake. He
was firm in the conviction it would be
the pleasure of the jury to say: We,
June %, 1891, is not the true will CT
Michael Reilly"
At this point recess of FIVE minutes
was taken.
Mr.. HUTCHINSON SPEAKS.
Mr.. Hutchinson in opening said he
was sure he could not interest-(A this
point Mr. Russell arose and asked the
Judge to see that better order in the
court room beykept.
1t was great pleasure, eaid MIR.
Hutchinson, that in such trial we APP
pear as brothers. Though here as con-
testants, he was gratified that in this
long trial, though a stranger almost, he
had been the recipient OF great kind
ness. He was sure what he had to cay
would not interest as much as what
had been said before. Here is q great
controversy. MAN born of woman is
of but few days and full of trouble"
says the Good Book. How true 1t is.
He com pared man to flower; it buds
and blossoms, and finally withers and
dies. So with this Michael Reilly, who
in old age became mere baby. This
latter stage is not life as we have it hare
He was interested to learn from the
attorney general something of the real
life of Mr.. Reilly, and it ia shown he
had sigular existence according to the
picture. He was as Colonel O'Brien
said, strange creature. a man is
made up of body, soul and mind. Ac-
cording to the testimony this old man
had soul and body, but he did not
have the humanity and spirit that
makes man. According to Mr.. Riley
man such rs Mr.. Reilly is mere auto
matte creature, who merely received
money A man must have more than
the ability to grasp and observe his
estate. In case of.this sort something
more is required by our law in a man
who makes will-moral nature.
If o will is unnatural and un-
just, coupled with other circum-
stances, it is no will. Early
came to Wheeling and took the oath of
allegiance. There was time when he
was more than mere money gatherer
when he had home life and regard
for mis- family. The letter written from
New Orleans shows this; also other
letters shown in this case. This was
the history of Michael Reilly for many
years Whom did the change come !?
No man can make will OF this char
actor without just reasons for such an
unnatural disposition of his property.
He may give his property to his kindred
equally or uneaually; or he may give 1t
all to benevolent institutions where he
provides for his children, but the law
DOES not recognize man
RIGHT TO GIVE HIS PROPERTY
unto strangers, and such an instrument
shall be scrutinized closely by law and
juriea. He called attention to "Schouler
on Wills" when excentricity and habits
unusual even though the testator be
sane, and he cuts off his kindred the
court will set aside the will where un-
due influence or aIpreverted mind is
shown. In such cases the closest scru-
tiny should be observed.
a sound mind and q disposing memo
ry are required to show competency.
1t is not enough that there be some
ability to converse. A leading case
cites that because person can under
stand a question he is not deemed to
have perfectly sound mind. The COM
potency of the mind must be judged
from the act and the surrounding cir
cumstances.
The Parish will case was next cited
leading case. William NJ. Evarts and
Charles O'Connor participated. in this
OF ,0t OF
the testator has power to comprehend.
1t is not sufficient the testator has n
memory-he must have disposing
memory. . A case in the time OF Henry
VIII was cited where q monk wrote
will. giving him his entire property
Finally the sons asked If they should
throw the mok out of the window. The
father said eyes" and out he went.
Thus it is seen the testator must have
ma" II dominion is acquired over q
mind even of sufficient strength to do
ordinary duties, it is of weight.
Mr.. Hutchinson cited numerous other
authorities, and said the testator must
have capacity to comprehend the extent
of his property and the claims that
exist against it.
Let us seo-Michael Reilly may have
had tho power to question, and under
stand the answer; power to inquire
about the digging of n well in Benwood !;
he may have had all this and yet we
see he lost all feeling of love and respect
for his kindred. We have been told OF
the affection Mr. Reilly had for his son
Thomas. Did it exist2 The very day
he lay dead at home we have the testi-
monv that the old man required the
store to be keptzopen. In discussing
Tom the old gentleman felt resentment
and deprecated his ability and capacity,
both before and after his death. He
spoke to O'Neill and asked his opinion
anc his reply made the old man feel
unfriendlyto him to the day of his
death. This ia one of the indications
OF something not brought in and hos
tility toward his children.
THE FORMER WILL.
He then spoke OF the 1885 will, which
was destroyed. The old man felt the
ID ...