Year: 1869

Deceased.


A Bath correspondent of the Lewiston
Journal gives the following account of
recent trial in the former city, for testing
the validity of a will made by spiritual di
rection-


The long case of Mariana Robinson, ap
pellant from decree of Judge of Probate vs.
Adams ct ais, executors, came to an enc
just in season for court, jury and counsel tl
enjoy Christmas at home. The case prob
ably has excited more interest here thar
any one since that of the Bowdoinham
Bank robbers. 1t grew out Of an effort on
the part Of an only daughter to set aside
the will of her mother, allowing her, dur
ing life, $500 a year, and the same to her
children after her. The appellant, herself
an only daughter, has an only daughter some
10 years of age. The estate was some
SIS 1000 or $4,000, and in certain con-
tingency is to go to collateral heirs. The
estate was tied up with the avowed pur-
pose of keeping it entirely out of the hands
of the daughters husband, against whom
the mother had imbibed feelings of dislike.


The appellant sought to set aside the will
on the grounds, lst improper influence of a
brther; I'd, that the will was supposed to
be dictated by the spirit of deceased hus-
band Sd, that spiritualism had became an
insane delusion, and 4th, that the testator
was under an insane delusion in regard to
character Of Mr.. Robinson.


These points were all presented with a
great deal Of energy and ability by Mr..
Gould Of Thomaston, in behalf OF appel
liant. He dwelt most upon the point that
spiritualism had become with her an insane
delusion.


Mr.. Gilbert, in behalf of executors, con-
tended that the documentary evidence of
previous wills showed that she entertained
the same purpose to exclude Robinson from
auy possible benefits of her property before
she embraced spiritualism. That but slight
changes were made in her last will after
she embraced spiritualism, and those prin-
cipally in the same direction-more string
ent against Robinson; that she consulted
her deceased husband in reference to the
will after she had made it and not before !;
that Robinson had been unkind tc testatrix
and that her feelings toward him were well
grounded and not delusion.


Kent j. instructed the jury, that as a
general rule man out of debt may sell his
property or give it away, so in prospect of
death he may dispose of it by will there
IS no law to compel one person to like
another. A testator must be of sound
mind, not necessarily of high intellect.
Insanity avoids will, that insanity which
breaks down all the powers of the mind or
an insane delusion.


What is an insane delusion--not mere
mistake of fact? A delusion is a diseased
do not exist, with persuasion so fixed that
neither evidence nor argument can convince
to the contrary. What is not reasoned up
cannot be reasoned down. For instance, a
man believes he is made of glass, and takes
good care not to break his legs. Here is
delusion in the fact and not in the reason
ing powers.


Again, delusion i'll the reasoning. A
man believes as a fact in the second COM
ing of Christ, not necessarily delusion :;
by dwelling upon it he believes that he is
Christ and has come claiming to be Christ.
Here the reasoning is at fault Specula-
tive beliefs in Theology which we may con-
slider unreasonable or absurd, are not in
sane delusions.


Eccentricity is not insanity. Eccentric
people are conscious Of the queer things
they say and do.


A person about to make will may take
advice. The influence to be undue so as to
avoid will must be such and 50 exercised
as in effect to destroy the freedom of the
testator's will so as to render his act more
the offspring of another's will than his own.


This same rule applies whether the in
fuence is exerted By personal presence or
by letter from distance, and the rule is
the same whether the letter comes from a
husband in an absent country or what is
the same thing if she believes she receives
communication from the spirit world if
she yields her own will, judgement and free
agency it would not be her will if she did
not abandon them to the supposed wishes
of her husband but received it as advice,
then it would be her own will. The same
rule applies to spiritual communications, on
this point, if believed, as to advice from a
living person.


The jury by their verdict after being out
all night sustained the will. Case goes to
law Court on motion to set aside as 40 ainst
evidence.


Adams & Gilbert for the will. Tai
man & Gould for applt.


SUICIDE OF DOC. A remar kable in-
stance of self-destruction by dog occurred
at Rocky Neck, on Friday of last week.