Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1925-05-20
CIRCUIT COURT.

CIRCUIT COURT.
> The second trial to contest the
validity of the will of the late Mrs.
Annetta Conlev Trussell was begun
IN the jefferson Circuit Court. on
Monday, May IL, with special Judge
II. ID. Byrer on the bench, and be-
fore jury that included Chas. o.
Writ, Fred Wall, J. Ernest Watson.
Elmer c. Ronemus. j. F. Ringer, Ed
gar Ware, McGarry Snyder, T. J.
West, Jr., j. w. Ware, Jr., Miller
Rush, Glenn Gardner and Fred
Steadman. Judge Rodgers, who had
at the former trial of the case, at the
been an attorney for the contestants
September term, 1924, was disquali-
fled 10 preside at the second trial.
The other attorneys interested in the
trial selected Mr.. Byrer who presided
with dignity. ruling promptly on all
questions that arose in the course of
the hearing.
Mrs. Trussell, about whose will
the contest was waged, died in Feb
ruary, 1928, owning farm valued
at $4,000, near Bardane, this coun-
ty. In her will, she left the bulk of
her estate to DIR. Charles c. Lucas.
her family physician, practicing at
kearneysville, and who died within
18 months after the death of Mrs.
Trussell. Heirs-at-law of Mrs. Trus-
sell, including her brother. James P.
Conley, and nieees, daughters of
two of her deceased brothers.
brought an action to set the win
aside, on the ground that Mrs. Trus-
sell was unduly influenced in the
execution of it by DR.. Lucas.
Testimony taken at the trial last
week varied little. if any, from that
presented at the former trial. Wit
nesses for the contestants testified
that Mrs. Trussell was very weak
from suffering, due to broken limb
and from old age at the time the will
was signed on October 81, 1922.
Her mental condition at the time,
they asserted, was not such that she
could realize fully what she was do
ing.
The trial ended Thursday, late af-
ternoon, with verdict sustaining
the validity of the will.
Lewis G. Albin was appointed a
trustee of the First Baptist Church
of Charles Town to succeed the late
William Wilt.
A decree was entered authorizing
the sale of reversion in four
ninths interest in a farm, near Char
les Town, on the petition of the Ri.
Rev. D. J. O'Connell, Bishop of the
diocese of Richmond, Virginia.
To Frank J. Beckwith, Commits
sioner in Chancery. was referred the
case of Harry H. Hayslett VS.. c.
NELL Hayslett, to ascertain and re-
port certain information about the
estates of the late John H. and Kate
Hayslett, and whether a certain
legacy under the will of the for
mer had ever been paid to w. w.
Frazier.
The report of j. j. Skinner, w. F.
Alexander and John p Briseoe, par
titioning a certain tract of land on
the east side of the river, near
Christ Church Mission. among Amos
Cubbage, Rev C. H. Goodwin, and
Raymond Boyd, or his unknown heirs
or assigns; was confirmed. A de-
cree was also entered approving the
partitioning of tract on the east
side of the river in Charles Town
District between Charles H. Wilt and
George Wilt, the former being al
lotted 52.1 acres and the latter 44.4
acres. The commissioners gave the
two claimants joine interest in
spring and spring house on the
tract.
Two sales of real estate were con-
firmed namely: the Twyman house
and lot of four acres on the Berry
vile pike to Marshall Burns for
$3.50: the evapoating plant owned
by Hallour and Hockenberger at
Summit Point.
A. S. Allen, Executor of r. 0.
Allen, VS.. Millicent t. Allen and
others; referred to Miss l.. c. Bris-
coe, Commissioner in Chaneery, with |
instructions to make further settle
ment of the accounts of the said ex-
ecutor.
The Court was in session on Mon
day, and adjourned on Monday af /
ternoon for the term.