The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-04-26
THE MTNTIRE WILL CONTEST.
THE JURY DECIDES 1T IN FAVOR
OF THE CAVEATORs.

Verdict Against the Electric Rail-
way COmPany-Businessi in All the
Courts.
The jury in the contest over the third
codicile of the viii of the late Robert Nc
Intire, returned a verdict yesterday IN
favor Of the caveators, and against the ex-
ecutors Of the viii.
The verdict of the jury sustains fully
the decision of Judge Hampton L. Ferriil
OF the court of ordinary, and If anything
goes further. 1t says:
I'VE, the jury, find in favor Of the ca
veators, and that the codicil is not the
codlcil of Robert McIntire. John S. Haines,
foreman"
Mr.. McIntire, when his Will was drawn,
left certain property valued at about $4,000
or more to Mrs. Fannie McIntire, the
mother of the caveators. When she died
a codicil was made, which Mr. McIntire
signed, revoking that legacy, and turning
it into the general fund OF the estate.
When the will came up for probate in
solemn form Messrs. James w, Charles
A.. John T., Henry g., Perelval NJ, Frank
n. and Sydney H. Mclntire and Mrs. Alice
Fay, formerly McIntire the heirs of Mrs.
Fannie Mclntire, filed caveat TO the third
codicil, the grounds being that when ii
was signed, Mr.. McIntire was not of suf-
ficient testamentary capacity TO make a
Will or a change in his Will, and that I'M
due influence was used in making him
sign this codicil-
This position was, of course, contested
by the executors of the WILL Messrs. p.
w. Meldrim and John Houston, but Judge
Ferriu decided in favor of the caVeators,
to whom the property would have gone
directly had the codicil not been made.
Judge FerrillS decision was on the ground
that the testator was not of suIficient
testamentary capacity. The evidence in
the trial, which was concluded yesterday,
was somewhat conflicting in some re-
spects, but 1t showed clearly that MIR.
Mclntire did not have testamentary ca
pacity when he signed his name to the
codicil. Facts showing this were testf-
fed TO by the nurse, who was with him
just before his death. 1t is not known
yet whether an appeal to the supreme
court will be taken.
Andrew DAILY. through his attorneys,
MeSSrs. Seabrook & Morgan, filed a libel
for collision in the United States circuit
court yesterday against the steam tug
Maud. On the afternoon Of April as
DAILY was coming in his skiff with five
other persons from the South Carolina
SIDE, his boat was struck, overturned and
sunk by the Maud near the city, and all
the people in it were dumped into the
river. An account of the accident was
given in the Morning News at the time
Daily claims that the Maud had no
watch on deck, and that the collision. was
the result OF carelessness and negligence.
He asks for about Sl20 damages for the
loss OF his skiff $50 worth of groceries,
which he says he had in the boat. the value
OF MS clothing and the loss of his time
owing to an injury he received in the ac>
cident, as he states. He says he pre-
sented his claim to the Maud, but ii was
refused payment. The Maud has been
attached under his affidavit, but will give
bond.
Mr.. Marion Erwin. representing Messrs.
Thomas and Ryan as substituted defend
ants for Receivers Conner and HAYES Of
the central railroad filed an answer yes
terday in the case of the United States
| VS.. the steamship Chattahoochee of the
| Ocean Steamship Line, in which suit
was brought for damages to the Barnwell
Island training. wall with which the
1894. In the answer Mr. Erwin takes the
| position that the act of congress on the
subject provides a penalty only for
| wlltul violation of the law, and he denies
most emphatically that there was any
| intent on the part of Capt. Savage to
strike or injure the training wall as he
| reported the accident at Capt. 0. NJ. Car
| ters office at once on his arrival in the
| city. AS there was no intentional injury,
! the answer denies that under the statute
| the steamship is liable for damages.
The cases of John Peters VS.. the tug
Harold, and William Milledge VS.. the tug
| tried in the United States circuit court
| yesterday, went over until next Wednes-
day on account of the absence of the de-
The criminal docket in the United States
| circuit court will be called tomorrow
morning, and it is likely a large number
of cases will be disposed of.
An order was granted by Judge FaHi-
| giant to Mr.. Horace A. Crane asguardian
of John Fielder Charlton to re-invest 81
| $40 received from Montgomery and Eufaula
railroad bonds, for the benefit of his
ward.
In the matter of the Savannah Gro
| Gerry Company vs.. Edward S. Elliott, adj
ministrator of the estate of Peter G. Pat
terSon, the administrator was directed to
sell as a whole the real estate with i'm
proVements belonging to the estate consist
ing of lot 60 by 100 feet on the White
Bluff road near the southern limits of the
city, and to pay to Messrs. G. T. and j. f
Cam, who had already purchased an I'M
| divided half interest. the sum of 1913 and
one-hait the gross proceeds of the sale,
the balance to be distributed in accord
ance with law. and the defendants to pay
the costs of all proceedings.
The sealed verdict in the case of George
H. Smith and Maria Smith against the
Electric Railway Company and the Sa-
vannah and Isle of Hope Railway Com
pany, which was opened in the city court
yesterday morning, was in favor of the
plaintiff for the sum of S24 The amount
sued for was $1,000 for alleged personal in
juries to Maria Smith in September 1891
as she was boarding a car al Thunderbolt
The plaintiffs say they will apply for
new trial.
Dora Smith, "A. B. Pacetti and Others
were granted an order in the superior
court allowing them to borrow $500 on GER
tain property left as a portion of the es-
tate of Andrew B. Pacetti.
Dietrich Bakelmann, a former subject
of the Emperor of Germany, was made a
citizen of the United States by Judge Fall
ligant yesterday.
Eva Thompson, widow of Moses Thomp-
son. applied in the court of ordinary yes
terday, for a years support for herself
and two minor children.
Judge Falligant signed an order yester-
day directing Receiver c. Fraser Law to
pay over TO Mr. William H. Dooner. Jr..
from the funds in hand 81 ,425, on account
of the homestead exemption granted him
by the court of ordinary.
In publishing the list. of the grand jury
yesterday. assigned to the general present
ments, the name of Mr., d. r. Thomas ap-
peared where it should have been Mr.. r.
r. Harmon.
Bingen on the Rhine.
Kohler. on Brougton street Hats, caps,
-