Newspaper Page Text
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
