The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1896-02-29
PROCEEDINGS OF COURT.
The Week Spent in Hearing the AFTER
viii Case.

The Circuit Court for Carroll adjourned at
Friday noon of last week until Monday, Sat
urday, the I'D being a legal holiday. Before
adjournment, however, the AFTER will case
was taken up, and has occupied the attention
of the court all this week
The will in controversy is that of the late
Enan AFTER, of Myers district, who died in
June, 1895. AFTER was a well-known farmer,
and his will disposed of property estimated to
be worth about $4,000, which is devised
chiefly to the testator' aunt, Catherine AFTER,
during her lifetime, then to his wife, if living,
and until her death, when it goes to his two
grandchildren, Virginia Susanna After and
Howard Edgar AFTER, children of his son,
Noah n. AFTER. The latter is cut off with
bequest of So, and is the caveator.
The will was executed August %, 1894, and
was witnessed by George W. 1eiser, Josephus
Myers and Emory d. A. Utz. Incapacity to
make will and undue influence are alleged
by the caveator, and the legal sufficiency of
the instrument is also attacked. Seventy-iive
or eighty witnesses have been summoned in
the case, and most of them have been present
in the courtroom for week past.
In September, 1894, after the execution of
the will, the father had legal notice served
upon his son requiring him to give up posses
sion of the farm on which he resided, which
belonged to the testator. There was friction
between the father and son concerning the
manner of conducting the place. The former
complained that the latter did not do as he,
the father, wanted him 10 do, while the son
claimed that it was impossible to please his
father, and that the latter was unreasonable
in his demands The caveator is the testator's
only child.
AT the time the will was executed the tes-
tator's wife also made u will. The wills were
prepared by NJ. Theodore Yeiser, and the
parties thereto met by agreement at Sunday
school picnic, from which they repaired to
the residence of Daniel Sholl, in the vicinity,
where the wills were signed and witnessed on
n board, outside of carpenter shop. The
caveator is represented by Ex-Judge Bond.
and the caveatee by Messrs. Reifsnider Il
Reifsnider.
The case is regarded with great interest and
the courthouse is thronged with spectators of
the proceedings.
James NJ. Shipley, Elizabeth A. G. Shipley;
assumpsit; tried before a jury; verdict for
plaintiff for S20S.35. Fink for plaintiff, p. p.
for defendants.
j. H. Thiemeyer & Co., VS.. John II. Heagy;
assumpsit; tried before the Court; finding for
plaintiff for 1872. so. J. Milton Reifsnider for
plaintiff, Henning for defendant.
The Farmers and Mechanics National
Bank of Westminster VS.. VIM. Ii. Haines, ct
al; assumpsit; judgment for plaintiff for
S17l.O5. Clabaugh & Roberts for plaintiff,
P. P. for defendant.
State, use of Joseph d. Brooks and Thos.
Heinback, legal Representatives, &c. VS.. Chris
tan A. Gunther and others; debt on bond;
Judgment for plaintiff for $4,000, the penalty
in the bond to be released on the payment of
the sum of S71s99. Brooks and Bond for
plaintiff, j. Milton Reifsnider for defendants.
Joseph d. Brooks and Thomas Heinbach,
administrators, &C., VS.. Christian Gunther and
Christian Hunt; debt on appeal bondi jndg
ment by confession for the sum of .........; the
penalty in the bond to be released on the
payment Of 81, $50. Brooks and Bond for
plaintffs Fink for defendants.
The witnesses were discharged on Thurs
day and court adjourned on Friday until Mon
day.