Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1911-12-15
Warm Legal Battle on in Fran
cisco Case
SIMILAR POINT IS NOW
BEFORE SUPREME COURT
Defense Brings Out New Reason
For Trouble Between Father
and Daughter

luIG0 ITulS Ol lawyers Ou GdCu
side were yesterday continuing a
judicial battle over the H. G. Francis
co estate in the circuit court, and de-
veloping it into one of the most nota-
BILE equity cases that have engaged
the attention of the local bar in
many years. 1t is interesting in view
of the property at stake, the human
interest element concerning de-
ceased daughter and three disinherit-
ed infant grandchildren, the local
prominence of the parties involved
and especially to legal specialists,
introduction of the still debated
theory of special lunacy."
By this theory of special lunacy'
the lawyers mean a legal theory that
for the practical purposes of a judic-
ial decision a person may be ad-
judged in spractical effect insane on
the subject specifically at issue in
the case which happens to be on trial.
There has been one other case in
the judicial history of the state found
by the counsel arguing the Francis
co case, but this has not gone a full
course through the courts. so as a
precedent one side or the other may
argue that it is not yet binding"
New Story Developed.
Application of the theory of spe-
cial lunacy in the Francisco case is
the contention made by counsel for
the contestant of the will (E. 0. Nc
Cue, litigant guardian of the three
McCue children) that Mr.. Francis
CO displayed such specific irresponsi-
bility in holding his daughter, Mrs.
Frank C. McCue, blameable as an in
FAINT for the death of her mother.
Building up basis of defense of the
will by cross examination of the wit
nesses against it, still yesterday be-
ing heard by the court, the counsel
for the beneficiary, Mrs. Lyle, a
niece of the testator, are seeking to
show that any animosity shown by
Mr.. Francisco for Mrs. McCue was
not thus to be explained but rather
by an incident concerning division
of the property which occurred when
she attained her legal majority This
incident arose from grant of prop
erty made to Mr.. Francisco by Mr.
Glendye, maternal grandfather of
Mrs. Frank G. McCue, providing that
the latter should receive half of
the property at the time mentioned.
She insisted on the division then,
only $4,000 was realized, while later
Mr.. Francisco obtained $4,000 for
his corresponding proportion, and
Mr.. Francisco was said to be very
much irritated at the insistence,
when, in his opinion, a delay would
have been financially very advant-
ageous. 1t was remarked yesterday
that the property now could not be
had for less than $4,000 or $780,
900.
Will be Drawn Out.
"Bushels of evidence in rebuttal
is promised when the supporters of
the will again have their turn in
court, and it can be seen that the
case will probably extend well into
next week. In support of the will
Al witnesses were summoned, and
over 20 by the contestants.
The contest is being conducted by
E. o. McCue, of Charlottesville, Har-
man and Walsh and J. M. Perry, of
Staunton; the defense of the will
(3splaintiff' in court) by Timberlake
and Nelson, Curry and Curry and H.
j. Taylor. The estate that must
stand the expense of the contest is
valued at upwards of $4,000.