The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1900-08-25
NAUDAIN
WILL CASE.
Argument Before Orphans
Court AS to Who Shall
Bear the Costs of Recent
Trials.

The Orphans Court for Cecil county. met
in special session Thursday, to hear the argu-
ments Of counsel as to who should pay the
costs connected with the caveat filed by
Joseph c. Naudain, against the will OF his
wife Caroline Naulain. 1t will be rcmem-
bered that Mrs. Naudain, died i'll August,
1898, leaving a last will and testament in
which she bequeathed about 500 900 in spe-
citlc egacies and one hundred shares of the
capital stock of the Whitaker Iron Company,
lahout $40, ,000) to her executor in trust, the
dividends from such stock to he paid 10 her
husband during his life. and the residue of
her estate was to go to Joseph CouAon, her
son by II former husband.
Mr.. Naudain, her husband, was not salts
fed with the bequest to him and filed II
| cnycat to the will of his wife. Tho issues were
sent from the Orphans Court to the Circuit
Court for trial by Il jury, and four days of the
December term Of that court in 1898, were
| occupied with the case. The jury disagreed
| and at the March term, 1899, the case came
| up for second trial. Eight days were occu-
| pied with the case, which was hard fought
| by counsel on both 5des, but the verdict of
the jury sustained the viii. Course! lor the
caveator filed motion for Il re.tral. which
was overruied by tho court, then an appeal
was taken to the Court Of Appeals Of Mary
| land, The Court of Appeals also sustained
the findings In The court below and he will,
and directed tnat the caveator, Mr. Naudain,
| should pay the costs accrued
| A motion for II re-hoarng i'll the Court OF
| ApEcnls was ovcrrued, but the order rs to
! costs was modified by striking out the word.
with costs thus sending ,he case back to
the Orphans Court to determine as to who
| should pa2 the costs. The costs in the ssv-
eraI proceedings amounted to almost 1900.
There is Il peculiarly about this case that
| seldom arises in one Of its nature. II the will
OF Ms Naudain had been set aside her son.
Joseph Coudon, would have been sole heir to
her estate, after the death of her husband
Mr.. Nauaain, who would have only had a
LIE time Interest. The @22 600 IN specific
!esacies bequeathod by the will To several OF
her relatives and friends would not have
gon" 20 them, hat on the contrary reverted
20 MT. 'OulOu. NOlNIlnSldutinS lilS IuCI
Mr.. Corion, who was named AS executor in
his mothers will. stubborniy defended the
testament Now again, if tie costs Of the
contest are put upon the estate, the entire
amount will come out Of Mr.. Coudon's ;
pocket as he is bequeatbed the residue OF
the estate--ir other words he gets what is
LETT after ali the other shares are taken out.
John s. Writ appeared as counsel for Mr..
C0Udon, and States Attorney William S.
Evans and Albert Constable, for Mr.. Naudain.
The court announced that 1t would render
a decision in the matter on the 30th inst
An amusing incident occurred during the
argument Mr.. Constable, evidently carried
away by chagrin and anger over having lost
the case IL the courts. took occasion to
sire verbal shot at one of the members
of the Jury that had rendered the verdict in
this court and between whom there is no
special friendship The procedure was 50 ir-
| relevant that one Of the judges was forced to
| inquire-what the Juror had to do with the
| will rs applying 10 the case being argued
and then laugh went round.