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About The Washington news. (Washington, Ga.) 1821-183? | View Entire Issue (March 16, 1830)
VOL 3.] I’CHUSIIEI) WEKivLY BY TISOSSAS A, rASTEVR. UTj* TERMS—The \\.ishington News is pub- Ithod weekly, at Four Dollars a year; or Three JDollhis, ii’ paitl one half iu advance, &. the oth er at the expiration of sist months. (Fr No subscription wiil be received for a less 4enn that? six months.—All an Cnragcs must bo •paid before any subscription can be discontinued, *but atjbe option of the proprietor. tfj* A failure to notify a discotiliiiunnce at the nd of the year, will be considered us anew en gagement. IT** Advertisements (except those published tncmthly)wiUbe inserted conspicuously at 75 cents per s<wpre for the first insertion, and 50 cents for each continuance.—ls the number of insertions is not specified, they will be continued until forbid, and charged accordingly. OIF All advertisement* published monthly, will be chargedone dollar per square for each in sertion. (IF Letters must bo post paid, or they will be Charged to the writers. ILF For the information of our advertising friends, we publish the following Law Requisites. Sales of Land and Negroes, by Administrators Executors or Guardians, are required, by law, to be held oil the first Tuesday in the month, be tween the hours often in the forenoon and three in the afternoon, at the Court-House of the coun ty in which the property is situate.—Notice oi these rules must he given in a gazette SIXTY days previous to the day of sale. Notice of the sale of personal property must be given in like manner, FORTY days previous to the day of sale. Notice to the debtors and creditors of an estate, Wust be published for FORTY days. Notice .iiat application will be made to the Court tfi Ordiuafy for leave to sell land, or Negroes,* dust be published foi FOUR MONTHS. A Quarterly Mcct yjing for the Washington and Lexington station, will be £*/’ “ISS2P held in this place on SAT TODAY and SUNDAY, ti e 20ti> and 21siof this month, In the Methodist Episcopal ChUrcb. March 8. ie3o. NOTICE. ALL persons having demands against the estate of Thomas Eidson, deceased, late of Wilkes county, arc requested to hand them fn properly attested, within the time prescribed by law, and those indebt ed to said estate, are required to make immediate payment. Jmiies Sherman, > jL Philip Combs, )if March 4, 1830. 38 —Ot NOTICE WN compliance of an act passed at ■ the last session ol the Legisla ture, the subscribers will let to the Lowest Bidder, at the Court house in Washington, on Tuesday the 6th day o£ April next, between the hours of 10 & 3o’clock, the recording ofthc Unfinished Business in the office of the Clerk of the Infe rior Court, consisting of about Ti Writs, upward of sis- M jr ™ W ty. Mortgages of per- JBnal property, a few bonds, and some matters of minor importance, ptie regard will be had to the com petency, of the person proposing to undertake, and bond and security will be required.—-The manner of letting will bo made known on that day. ThomassWoottcn, j. j. c. W illiam C. Allison, j. 1. c. Thomas Anderson, j , x. c. Lewis S. Brown, j. 1. c. Charles C. Mills, 3.1. c. Washington, March 5,1830.—38 5t Look out fdr Jiascallity!! ANAWAY from this county, a few days past, PLEASANT WHITE, aged about 20 or 22*years —small size, dark hair, fair skin and Jarge white eyes; dresses well gen erally—he was raised in this county, and by lying and false representati ons, succeeded in getting in debt to jnuny persons, and that without any prospect or apparent intention of paying. He is supposed to have gone towards the south part of this State,io Florida or Alabama, as at the last account he was in Clark county and proceeded south. It is probable he is on a trading excurs ion, as I understood lie represented that he held a uoto on Mr. Green B. Holland ot Augusta, for 1200 dol lars, which 1 am conscious is false. I would advise persons not to pur chrse any notes whatever of him for fear they might find themselves de ceived and imposed upon. A. E. WHITTEN. Fianklin county, Feb. 11, 35 07 Editors throughout this Stale, who are friendly to the detection of sticli scoundrels, are requested to give the uljoyo out- or two insertions re>£cctive WASHINGTON, (GA.) TUESDAY, MARCH 16; 1830. Administrators Sales. WILL be sold at the Court house of Wilkes county on the first Tuesday in April next, a likely young * NEGRO MAN, sold as the property of Matthew Tal bot, dec, late of said county—the above negro having been advertised for sale on the first Tuesday in May 1828, but in consequence of some misunderstanding, life was not sold. Terms of sale—credit till the 25tli December next, bond with appro ved security will be required.* Thomas Talbot; adm’r. March 1, 1830- 37—id* MLMLTJLL l>e sold on Wednesday vv the 14lh day of April next, at the late residence of Tliritlias F.id son,dec. late ofWilkes county,till the HcrishaMe Property belonging to the estate of said de ceased, consisting of COHN 6l FOBDSSSL household and kitchen furniture, plantation tools, <fcc.—Terms made known the day of sale. James Sherman, i §. Philip Combs, 3S’ March 4, 1830. 38—fit Agreeably to an otder of the Ilonrable the Inferior court of Wilkes county, while sitting lot ordinary purposes, will be sold at the court house of said county on the first Tuesday in May next, a tract of land lying in said county, on the waters of Morris’s creek containing acres more or less, ad joining Lindsay Doug las and others; the same being the real estate of John Sharman, jtJii’r. dcc’d. sold for the benefit of the heirs and creditors of said deceased. Terms twelve months credit. Thomas Woptton, adm’r. March 3, 1830. 38 - tils Agreeably to an order of the honorable the Inferior couit 1 kL'tlLcu .tcuuruiltk; --T- ‘^•r ordinary purposes; will be sold on the first Tuesday in May next; ut the court house of said county; a tract of land containing acrcS, belonging to the or- phans of William Wtdkef, deceased on the waters of Pistol creek, adjoining Martha Walker, James Cade and others, sold for the benefit of said orphans*—Terms 12 mouths credit. Thomas Woollen, adm’r. of IV. rt'alker, deceased.. March 3,1830. 38—tds Agreeably to an order of the honorable the Inferior court of Wilkes county, while sitting for ordinary purposes, will be sold on the first Tuesday in May next, at the court house of said county, a tract of land containing @ acres,- lying on tW vvaters of Morris’ efeek,. adjoining William Q. Anderson and others; it being a part of the real es tate of Dudley Stinson; dec’d. sold for the benefit of the heirs and cred itors of said deceased—STerms twelve months credit. Thomas Woollen adm’r. March 3, 1830* 38—tds isjnrT SUGAR CJIJVE. rnt HE Subscriber offers for sale, Ja- ten thousand of the best RIB BON CANE, in fine order, and now sprouting in the hay in which it is packed. This article is from the lower part of this State, and has been selected as the best adapted to our soil und climate. L. GIBSON, 33'J, Broad-Street. Feb. 20, 1830. 37—3 t ILF The Carolinia.i, Edgefield Hive, Milledge vile Journal, Macon Messenger, and Washington News, will please give the above three insertions each, and send their account* to this office for payment. TICKETS, IN, THE MIEI.EDUEVILLE Masonic Hall Lottery , FOR SALE BY James M. Anderson, ‘Jan. 26th, 1830. figent. Judge Cobb's Decisions. LiTTLKBURy B. Fhilips,') Respondent, j James He.w, Adminis- Italor dc bo .is nun cum < \ u '\ ulle '\ , “ J ur Test. Amtet. ot Jesse , “ ‘ V * fnuL Hollow, y, dec’d. Appellant. • From the papers submitted to lhe, I make the following history of this case. Oh the I3tb Dec. ISiL, Jesse Hol loway, of Jasper county, made his last will and testament! attested by three witnesses, viz: Martin Stanly, Elizabeth Mitchell, ajul William i Brown, and shortly aftqr died. On the 13th Eultruary, 1823; the will was admitted to pifflare, and record, in the Court of Ordinary <*fsu*pcr coun ty, on the usual tilth in this (State, of the three \vitn<*>;cs thereto, who swore; “that they saw the testator sign; seal, publish, and declare, this instrument of writing to. be his last will atul tcstanieft and at stlitt time he was of sound aid disposing mind.” There waS no cah'U mitered against the probate, unacnb of the execu tors appears to l(iivo been qualitied. The only material clauses of the will are the 2d and 3d. The second reads from the ricot-d of the will as follows; “After paying my debts, 1 give and bequeath to my beloved companion alary Holloway, at! my real and persona! estate, to dispose • of as site pleases during her natural I! J C ‘ , “3d. I appoint William Holloway arid Jesse Suntly my Executors, Arc.” From the remarks of Counsel du ring the argument, I inferred that the quulitied Executors died, or were removed, and therefore James Heard was appointed by the Court of Ordi nary, Administrator dc lonh non, cum test amenta aunc.co. It seems that the qualified Execu tor and afterwards ll :5 Administrator dc bonis non, continued to ttdifihuster the estate uudbr lids taill as record ed, until the October Tcrkt, IB2ti, of J tts per Court of iG.-lhuiry, when a on behalf of Littjhmry I>. Pidlltps, (of whose interest 1 Ufa not apprised by atiy of the papers submitted,) cal ling oil the Ariiirioistriuor dc bonis non, Ac. to appear ut the next Term I and shew cause h'<<j the probate of the will should n\t beset aside, arid the will revoked, on the grounds, Ist. That the will was-fraudulently pro cured by the exercise cif an ttndt'i; and improper mfiuenae over the tes tator, wlieu he was weak of body and mind, and laboring under great bodily pain, to be writte- differently from"what the testator intended, und that by one'of the’ brothers of the Testator.—r or that lie intended to give his whole estate to his widow, unconditionally, and ho so directed his will to be drawn, and that the words “daring her nuturdl life” were added, and the drill procured to Le exeefited, without the testator’s per ceiving the legal import of said words, and thereby defeattkl the Tes tator in conveying his properly ac cording to his vvisit, tfcc. i 2dlyt Because the testator was not of sound and disposing (mind. There is nothing in the papers submitted, shewing the grounds oe copied by the Adwiriistrutor in the Court of Ordinary. An issue seems to have been ten dered by the applicant on the first j ground taken in the citation, which, indeed throughout the whole case, appears to have been the only, ground of contest* * On the.trial before the Court of Ordinary, they revoked the probate of, and aside the will. From this decision an hppeal was entered to the Superior Court in regular form. In the Superior Court it seems than the case was submitted to a special Jury in conformity with j the statute, of the 19th December, 1823, (see pamphlet page 89,) who fountha verdict for Plaintiff (Phillips) as follows.—“We the Jury ftuil for the Plaintiff ebst of suit, and that the words— (during her natural life) bo stricken out.” The papers pre sented do not show the points relied on by the Administrators, farther than can be inferred from the Rule Ni. Si. fijj 4 new trial which was granted by Judge Kenan, and which are— -Ist. “Because the Court erred in directing that. Ryle Ni. Si. could be ordered by, tiud legally supported by the Justices of the Court oi’ Ordi nary, to set aside the probate of a will, after the.said vvill had been pro-J von in solemn l'diin; helot e the Court i of Ordinary. Second. Because the Court erred i in overruling the ground taken for ! the Defendant. That the Plaintiff! after a will hud been proven ill so- j lentil form, from which there wits no appeal, cottld not again by this pro- j heeding bring the same poiuts before j the same Court. Third. Because, the probate of’ said will is final and conclusive lie- I tween the parties and privies until repealed, yet the Cotirt overruled the point. Fourth. Because the - Cotirt erred in permitting a subscribing Witness’ to the will, to alter and vary the; ivrittch will, by Parol, stating that j certain words to wit: “during, he? ! natural life-,” were not placed iu the i will iviiftn she first heard it read. j Fifth. Because the Court erred in ‘ permitting flic sayings of the testator, ! spoken two days after the execution ‘ of the will, to be given in evidence to alter arid change the will—and also in admitting tiie understandings af ft witness, gathered from a conversa tion With the testator, to be given iu evidence to alter the will, tins con versation being subsequent to the execution of the will. Sixth. Because the whole proceed ing iu the Court of Ordinary was il legal and not authorised by any Star tute in Georgia. Seventh. Because the probate of a will is conclusive against the world, rtnd if there be no iraml in obtaining the Probate, it can never be set aside j except by a decree in Fquity, order i ing the Legatees to consent to arc ; vocation of said probate. ! Eeigbt. Because the Court erred : in refusing a continuance lb the De -1 &i .aaLluU vvkttu Ua | that although lie knew certain facts | could be proved, yet ho did not know ; ol their niateriulity until ii was too : late to obtain the evidence. Ninth. Because the Hinting of the Jury was contrary to evidence ahrt i law.” The evidence of the three witness es to the will, seems to-have been the only testimoiiey submitted to the J it ry, besides the will itself as proved. Brown, the writer of the will, swore, that he wrote the will, that it was Written, U3 tljp Testator directed, except the words “during her natu ral life” which were added at the re quest of William llolloway, a bro ther of the Testator; Jesse Stanly sivenrs that two days after he made his will, lie hail a con versation, with testator, at his, (tes tator s) request, (all other persons being removed from the room) in ‘which the testator requested him, to assist his wife to make her will, as site was old and infirm, and that tes ter stated that it was distinctly un derstood between him and his wife, to whom the property should be wil led at her death. The witness says, that from this conversation, he un derstood from testator, that he be lieved lie had given his wife power to dispose of the property willed to her. These two witnesses were ex amined on interrogatory. Mrs. Mitchell was sworn mid examined, j in open Court, and the brief of her testimony is, that when she heard the will read to testator, the words “during her natural life,” were not read. That after the vvill was road to Testator, William Brown (the writer) and William llolloway, (tes tator’s brother) went into an adjoin ing room and returned, when they were asked by the Testator, if they had made any alteration iu the will ? He was answered “no,” by William llolloway, “that the words were on ly corrected.” That Blown then asked if it was necessary to read the will again? That the testator plied, that if they had made no alter ation it was not necessary, and that the vvill was not read again. That the testator then told his wife that he wished her to make her will, in the they had talked of. {She repli- [NeW Series—No dp* ed, that she wished it then drawn. Testator then said, “another time wdl <Jo as well/’ to which William Holloway added, What he would drutv it, at any This w it luoss further when the- I will was .proved, one of the witnesses j proposed to have the will read—to !vyhitjjf, William Holloway replied | tha^ft hey hdd heard it read over, | and that was suiiicieiit, and they had i not time to do so as it was late.”—J she ever hear it read with jthe words “during her natural life.” | No evidence appears to have becij j tendered to impfcach the credit of j these witnesses! 1 have been thus in giv* -ing a history of this it rtr’ I probable, it will be a pre j cedent hi future eases of the same ; kind. Many of the grounds on which | the motion for tt rievv trial is foupdctU arc substantially the same, and bring in review,these questions, viz; Wliafc ; is the nature and effect of a probate !of a vvill in this .State, When mado in cases Where there has been no | contest ? Whether such probata jean be revoked ancl the vvill soprov-* 1 cd, be set aside, in whole or in jwft* 1 and it so, in what Court must tho | procedure commence? These I con sider as the true points, growing ou{ of the Ist, 2d, 3d, sth, and 6th grounds of the motion, and they will therefore be first considered. That according to the laws of thd State, a citizen, when in tho legal enjoyment of his mental faculties, has a right to dispose of his own es tate by iris will and testament, as ho pleases, is a point that cannot bo controverted. . It is equally incon trovertible, that such his iast vvill and testament as made by him is to he e&- ecuted, and that no additions inado thereto without his knowledge, con sent, and approbation, can or do j constitute any part of his will, i In the case under consideration it j is sufficiently apparent, from the e . vidence that the words “during her j natural life” were added to the ss> 1 coj.ul i-Uiusio - aft - > > v--- —aq -mrs j t( ?n und read to the Testator without j his direction or knowledge, and it i it equally evident, that the will was ad* mitted to probate in the Court of Off . dinary, without being read to F witness®?, and without it being g known to that Court, that t / 10 ‘° words had been added or int' 01 . rMl i.j 1 ed without the knowlecgfe rnn ‘’ 7 of the Testator. 1 * aider that it double fra.iff | „ ® on * committed in the case, bv ;! i** 1 * ing the will proved, o’ VnZ T’ Testator, and airbth or 1 *l’® Court. tmieiiy, I am under Ahe strim- Con tlW tf* t1 ,,lt ’ had lh'j testator, know* that those words ftUl i fc eojl atlJ } er the will was read to him, andth. legal effect exßiamed, that he vvou.i! not have executed the will, and lain yet better convinced that the Court of Ordinary would not have admitted it to probate, vyrijli those words in it jt the manner of their'insertion hud been made known. The will seems to have been executed by the Testa tor, under a full belief and after ini quay made, that it had not been al tered, from what it was when read to him. Ihe Words “during her n%- tural life,”* I therefore consider a?> constituting no part of his will. But as before stated it was admit ted to probate, with these words in sorted. It would seem that some years had expired before the fraud was discovered. It was hovvev cr discovered, and gives rise to the question, how and where it is to be exposed, and its effects corrected? That the laws of this State arts decidedly opposed to all frauds, and especially mattars of this kind, none will doubt. That they afford the means of correcting the effects of frauds iu some judicature, is equally umloubtv ed. V\ hero then should application be made to correct such a fraud was commuted iu this case, in the first instance ? There is nothing’ in Mio statutory laws of the tetiite nor in the adopted common law which authorises an application £ the common law Courts. It whJ* deed hinted iu the course of the ne g"nieilt ’ that so fit* us iegurdyd tfiq
