Tiie Tioga County Agitator :
BY M. H. COBB
Published 6eery Wednesday morning and mailed to
subscribers at ONE DOLLAR AND'FI>?TV CENTS
per year, always IN ADVANCE. ; , ■■ _■
The paper„U sent postage free to oonnty SiAiscti
bere, though they may receive their mail at poA offices
located in counties immediately adjoining, forconvo
nienoe.
The Agitator la the Official paper of Ti6ga Co.,
ft nd circulates in every neighborhood therein. Sub
scription being on the advance pay system, it circu
lates among a class most to the interest ofadvertiaera
to rescb. Terms to advertisers aa'liberal aa tho&o of
fered by any paper of equal circulation in^Nortbern
Pennsylvania. ■ •
A cross on the margin of a papen denotes
that the subscription is about to expiry (
-Papers will be stopped when the «ul ecription
time expires, unless the agunt orders ihear continu
ance. . / ; /<e
W. A. NICHOLS.
ATTORNEY AND COUNSELLOR AT LAW.
. Office formerly occupied by Jamed Lewrey, Esq.
Wellsboro, Oct. 11, 1865-ly.
JOHN 1. UIKICHELt.
Attorney and counsellor at law.
Tioga Village, Tioga County, Peim*A.
-Prompt attention to Collections.' r > .
March 1# IBt>b.-ly- ‘ .
WILSON & NILES*
attorneys * counselors -at-law,
(PIRBIIX) OR FROM BIQO.NET’S, ON THO&YENCE)
, Wellsborongii,
Will attcnd'to business entrusted 1 totieir care in
the counties-of Tioga and Potter. ■ fret. 18 '65.
s. T. Wotor
1 ' I
OTICE. —The Law partnership. exist
!> jog between the aubpcribers is hptf Jjsdiasolved
by mutual content. JAMES iiDWRET,'
Well.boro, Oct. 18,;'65. ~ S. F, WILSON.
OK. W. W. WEBli
PHYSJCIAN 4 SURGEON. UlFicE ONE
Door South Of FiacHer’s Shoe Sl.oy Weflabo
borough, Pa. Particular attention- (. yid to Op
erative Surgery, for success in which his experience
in the Army particularly qualifies Kim. (»c118’66.. ,
JOHN 8. MANN,
Attorney,, and' counsellor at law
Coudersport, Pa., will attend the so viral Courts
tu Potter and McKean counties. All business en
trusted to bis care will receive prompt attention, He
bu the agency of large tracts of good Settltlhg land
and will attend to the payment of tascs}oQ any lands
in said counties. _ -
Coudersport, Sept. IS, 186S-ly.*
PfiSSSYLVASIA HttlSE,
OOBNBB. OF MAIN STREET AND TU2 AVENUE,
Wollsboro, Pa, '
J. W. BIGONY i ’..^'Proprietor.
THIS papular Hotel, having bten re-fitted
and re-famished throughout, i* ao.f open to the
public as a first-class house.. A good hostler always
on hand. IJab. 1, 1858-X
O. HART’S HOflil.
WELLSBOBO, TWO a. CO. PEN If A.
TUB aubsoriber takes this method jo inform
bis old friends and customers that be has re
sumed the ooudoet of the old Crystal Fountain
Hotel," and will hereafter give it his entire attention.
Thaukfulfer past favors, be solicite a renewal of the
TART.
Qalnoa, Tioga County", PA.
H. 0. VERMILYBA, i' .....proprietor.
THIS is a new hotel located within easy ao
cess of the best fishing and bunting grounds fa
Northern Pennsylvania. No pains uriU-be spared fop
the adoommodation of pleasare seekers and the trav
elling public. JJanjl, 1803.]
H. W. Wjlliastb,
WILLIAMS A SMITH,
attorneys and COUNSELORS-at law,
BOUNTY A PENSION AGENCY.
Main Street, WoUaboro, tia.
January 4, 1865-1 y. f * :
S. F. SIUIBLH^
BARBER & HAIRrDRJESSER,
Shop Oveb C. L. Wilcox’s
Wellsboro, Dec 7* 1864. ' '
WESTERN EXCHANGE HOTEL.
KNOXVILLE, BOROUGII;^PA
THE undersigned having leased the above Hotel
for a term of years would respec. fully inform
the traveling public that he has put the Hotel in first
class order for the reception of guests £rid no pains
will be spared in the accommodation of travelers and
as far as the situation will allow, ho»wiH keep a first
class Hotel, in ail things, except piices, which will
be model ate. Please try us and judge f6r yourselves.
Knoxville, OcU 19,1864-tf. J.’lL MARTIN.
WELESBOBO HLQ.TEE
(Oorwer Main Strut and tht Jfynnt.) ,
- h !
B. B. HOLIDAY, PrOp.net T.
One of tbo most- popular House* the county.
Thii Hotel ia the principal Sla^e-hoaai; in Wellaboro.
'Stages leave .daily as follows: 1
For Tioga, at 9a. m.; For Troy,: af Sa. m-i For
Jersey Shore every Tuesday and-Friday at2fc. m.;
For Couderaport, every Mondeyand Thursday at 2
Stages Arhiti— From Tioga, at 12 1:2 ojolock
p. itt.: From Troy, at 6 o'clock p.m.: From Jersey
Shore, Tuesday and Friday 11. a. m.From (loaders
port, Monday and Thursday II a. in. , / '
N, B.—Jimmy Cotrden, (be trejUkacrwn hoitler,
will be found on band. \ '
Wellaboro, Oct. 6, 1864-ly* ,>. .. . ;
Wellbbouo, Ea.
HUGH YOUNG,
dc STATIONEB,
A»D DIALER b'
American Clocks, American, English, and ■ Swiss
Watches, Jewelry, Silrer Plated Ware, Spectacles,
Picture Frames, Photographic Aibuhie, NStereoscopes,,
Microscopes, Perfumery, Yankee Fishing,
Taskle and Flies, and Fancy and Toilet Articles.
SCHOOL BOOKS of every' kind used, in the
County, constantly on hand and sett by mail or oth.
erwise, to order.
SO, i, VlflON BLOCK, WEL’LSBORO, PA.
FOR SALE.—HOUSE i LOT on Wain Street,
adj-.inip* Wright * Bailey's Stoi>e. . 20 acre, of
lan 1 in Delmar, between John ft ray, and Merrick.
Home and t»ot on Covinjjt'»n btfeet* ~1
For terms, apply to HBSRT SHERWOOD* £•*,
Wellghoro, May 31, 1865—tf. v ,
Ftfma and feed, buck wheat ftocrß,
Meal, p.irk and Salt, Ten. Soap,
Candle. ls , Saleratue, TuhaCfO and Oil.
Albu. MjacKerol, Whit© FUh, by the
package -r & 0 VA R y Xt'KJ!NBURG j
WelUborn, Juno 28,’ 1865
PROTECTIVE WAR CLAIM' AKD PENSION
AOE.N’CY OF THE U. S. RAMTaRY COM
MISSION.—AII the papers and dofraspondenca re
quTed to procure Pensions, Bounty, .nnd Back Pay,
and Prise Money for discharged SOLDIERS and
SAILORS, and fur the Soldiers and
Sailors dying in the service of tue ,f failed States,
prepared and forwarded, and ttye of all
claims, when collected, remitted tc th£ parlies FREE
OP CHARGE.
Office 1307-Chestnut StreetjPniladelpia.
Or for farther information or aaSlyt»o*e, apply to
Lcct Moore HoTCHKiss^^^laboro;
8. B. Mobtus, Mansfield,'
Associate Managers hga County.
WHITE WASH LIME. - 'THE BEST
aoilitT ol< Rhode Island LiroV f <ir white wnsh-
J BOY’S DffIBG,STORE.
mg, at
jpOEB SIS GEE at
■J. .3. No.it.
WrL U. SiHTH.
-j ."V
EOY'B DRUG STOEB.
r rI 1 ' J I
acfroteO to tfte iSntfiiflioti or tftr Sltca of JFmijom anß tt)t Spread of ?£raUft£ Reform.
WHILE THBEE SHALL BE A WBOSfG USHidHTED, AND “MAN'S INHUMANITY TO MAN" SHALL OEASB, AGITATION MUST CONTINUE.
VOL. XII.
A TRUMP 'CARD !
Great bargains u—i would m aii
oonfldenoß «»y to the people of. Wellsboro. md
earrouniiing coantry.thet I have just retorbeot from
New,Xprk with ~ ~, , '
A LARGE STOCK OF GOODS, . j
coneieting of .... i*,/*. ■
MADY
, for Men aad.Bojf. . ‘’ j i<
... ... ■ OVER Am. |* i :
I feroith «v«tything to maka ft man , warm] and
cotnforUbU. Alto,; .. ■ . *•
• ■ • • i’ • * *> .• • «. ; - i
A NICE LOT OF OASSIMBBES, ;
AUo, alargeaicob of ■ - |
i’f ■') K ' 1 !li i . i / j
BOOTS ft SHOES ' •
for MEN, WOMEN, and CHILDREN. ' " _ (
Hats, caps, : -I
■tt’-'ll! -J, Ji’rSia 3 i ,fj ,#5
too namerona to mention. All of which
1 OFFER FOR CASH, ~
at prices to carry oat ipy tplt of ba^tnau.
Small Profits and Quick Iniiil.,
Rltar. to call end axamina my Btook. - lUmkmbw
the place, . ,w/ \ ‘?
fBk<mKAP OAJSBSTOBtrBOTa BUfIOINO.
Wjtllsboro, Sept. 20,1385. 6. P. CARD, ■!
lifOT v.. -
DISTINGUISHED ARRIVAI;.
W. T. MATHERS V.'''
'llisjuit refßroe^from How?*!, an'oiurnioas
Stock of'- . 1" ’.
OROCERIES & PROVISWNS.i
khd it|ipffe£i,g diem $c the Jnbßi {fcaLBSS money
than they have been «old aince the WAR. , .
GREEN TEAS—JAPANESE IM-
PERIAL AYOtJNGHYSON,| '■
* ’ ; .1 .*
of varloai qualities from 75b. to $2.00 per IK i ■ I •’
COFfEES—JAVA, RIO, LAQUmj,
in kernel and all the varieties of ground Coffee^.
SUGARS—GRANULATED, CRUST, I>OW
DERED.
and all the grades ofCOPPFE SUGARS;-;also «
large and splendid assortment of •
V'o-v BKOWS SUGARS, "i
, _ -
cannot CuiLloplease enstomera if they yill cud, and
examine our Stock, either qualiiy.
,> ' SYRUP & JijfOLASSBS, ~ •
■ ■ k - *'jv: ’
varying In price
FISH—WHITE FISH, TROUT, CODFISH,
BLUB FISH, ! ’
and various kinds of MACKEREL,
Also a good stock of -Brooms, Market Baskets,
Corn Baskets, ,Aze Helves, Wash Boards, • Scrub
Brushes, Bed Cords, Door Mate, Bnggjr, Mptfe, Mop
Handles, Pailaj also a nice assortment of Bird [Cages.
The Ladies will please remember that W.dt. Math
ers keeps J. B. Stratton’s, i' n
CELEBRATED YEAST, CAKE, i ;
T. Kings ford 4 jSohs’ Cbm Starch, Sage, Vermicella,
Tapioea, Macaroni, pit kthds cf i
SPICES, OLQVES, CINNAMON. GINQER,
NUTMEG, Ac. 1
r ~i
Also Blaok and Yellow Snuff, a good assort-
ment of ~ . , ,v, . i ... 1 - ■
. , . V i■ ‘ i
Fla v-ORisOt extea ots * toilet soaps.
W. T. MATPEBS
keeps constantly on hand the' best' brands of Salera
tus, Soda, Cream Tartar, Sal Soda for Washing ;al»o
the best-grade»,of • t I
•;! .. I-• ■ '-'I ;I i ,t.i i'( lel 3 ijnit i
FAMILY FLOUR, CORN f BERLj
by the buret' or sick, the beitbUalityof
Kerosene Oil dnd l>aiii p 011.
The last but’net least to mention is, IV.'T, MATH
FRS ■ : , I ‘
. , ‘ § , , . , , . . .1 : ■ >
WILL NOT BE UNDERSOLD! i
Goods to be ALWAYS AS REPRESENTED bi
no sale. . ■ ■ i i ( . _*■
The highest‘market prise in Cash paid (or Better
and Ena. W. T. MATHERS.
WeiW)oro, Aug. 28, 1886.
Tae.j>eopLE of tioga.' ctitiNTY-.~i
1 Bet tbVbelbstrd only auifcariied Life .jiijd PubJlp,
Services o/ ABRAHAM LINCOLN, impartial, trutb
fafc, 750 page?/with beautiful engraTinga, good paper
and binding—'by 1 Hod,>,Hb, J. RA'VM.QNJ).. M. C.
some important tbiogs ar-o, copyrighted and cannot,
be need in any other woj-k. WpU for the Agent and
see RAYMOND'S before you subscribe*
• • , ’(, t , • , * n ’
E. R. -RAN HORNE, M, D!,||4r<tn<, ti
For Lawrencevitle, Tioga, Richmond, Chatham, Deer r
field, Cijmer; Westfield and other towns.
.Knoxville,.Aug. 2,1865-tf.
IK DIVORCE.—, ,
To Harriet A. Colt!. Yon are hereby notified that
Chester A. Cole, jour husband, has applied to; the
Court of Common Plena for a divorce from the bonds’
of matrimony,! and that the said Court has appointed
Monday, the -27th day of November next at the
Court Hon.e in Wellsboro, at two oMockTh M., for,j
hearing the said' Chester A. Cole in the nt.
which time and place yon can attend if - yon think
proper. LEKOT TABOK, Sheriff.
Oct. 25, 1865-dt.
NOTICE.— The annual election for Directors of
the Tiogu County Bank will be held at the office
of said Bank in the village of Tioga on the third Mon
day of November, 1896. B. C. WICKHAM,
Tioga, Oct. 26, 1866-it. President.
WELEBBOKO, TIOGA ’COUNTY', LEA./WEDNESDAY MORNING, NOVEMBER 8, 1*65
J^AWHEKrCIPS e fLtE;’I4OGA CO., PA„
" ' w is ' ’fcfiUß PtACE
aw : ;:;ipall. <st©ss
I lf E ::
' . ' ’ •• ■!
....A FULL STOQK
J'llkT REC d.
•; 5 ’ • U...,. *,t !
"''"'Come One aad all ■ : ~,
" ■’' |.i '..!•■ i ■
'■!* .. , AMD' '■ 1 ’ ‘ !
• • t
" • “ 3*5 )li rt <1 ■; >i . X *
BEE FOR YOURSELVES.
' iu
CLOTHING* !
J V • un ’ i
COT UP
WARRANTED TO FIT-
’’ 1 1 f . .h.'i I>. - /- ! }. .
“A Large Stock of CLOTHS ,
o* r ; I , ,1 * 1
Jnit Received.
COMBAND SEE FORTOORSELF.
HILLSPAIIGH & SHOTTS.;
■i.awT«neevillo, Pet, t, 1865-jy.. 1 “ | i t ; ; ,
■ - , f» l.i ■■ V...
Firm & new t gOC>ds'at tioga.
BORDEN BRO S, J
.. n . • j
Would respectfully annoßosa to “allfjrhom it may
concern,-” that they keep constantly 0,0 hand tt large
and well selected assortment of j
DRUGS AND MEDICINES,
GLASS AND WALL TAPER,
1 0 •! >
DYE'STDFFS,
FAMILY DYES, ‘
LAMPS. ■
GLASS WA&E, , ,/■'*
’ PLATED WARE;' such as
' 1 •
I i
SPOONS. TEA & TABLE'/' '
FORKS,
CAKE. DISHES. Sk.
ENVELOPES, SCHOOL BOORS.
PATjE N T MKI)1Cl N K S ,
Tea, Coffee, S|>lce; Pepper,’ Gin
m £««■, Saleralii«, Snu ch, )■ '
TOILET AND WASHING SOAPS.
end an endless variety of
y anki'.r notions'.
•i* *
Tioga, Pa., Oct. 4, ■* - * j ,
Q i'N. HAMMOND’S NURSIiBY. . i
Pa., ,
situated on 1 *B* IMuntfiload, fonuralleafrutD Tioge, -,
Wtt’prrt rfirf to famish Friiifr Tpeea at
the following prices: * l f ' J I > »
Appletrees—large size,' 25 cents, at,th,e Nursery SO
contsidejivered. Common sire* 2.0 opnfs at the
aery, 25 cents delivered. Pear IJrees, 50 cents,
Sckhib Aisles. — Barnhßm Harvest, Curly Har
vest, Chenango Strawberry, Washington .Strawberry,
Red Astrakhan, Summer Bellflower,.Summer Queen,
SumntieriKCng, Sw)cet Bow, Soar , r .,
FAtfc'Appi.EB.—Fameute,Qr»v©nsteio, B*mbp, Rib
ston Pippin, Fall Pippin, Republican Pippin>.Hawley 1
or BmiseV Maiden's Blush, Large. Wino, Ladies' STjrpet*
ing, I#man*s Pumpkin Sweet.' '■ i
Winrfc 1 * Apples.— Bailey .Sweet,' Bfadk
(iillfloWet, Blue Penrmain, American Golden Rueaetj:
Hozbiity l fcn«et, Rhode Island- Greenings Beopus
Spit*etobur£, Swaar, Sweet OUlflower, Sngair |Sweet,
Honey Grtening, Honey Swoes,'Pouhd
Sonr, PecVa Pleasant, Tallman Sweet* iTbmpkinrCo?
King, , *•
Peaks.— Jargonelle, Bleaker s
_M?*do,wai Bella t Louisa Bona D ilersey,
Seckei, BenVre D* Amalia, golden Beurre, FlemUh
IJeauiy/Gyout'M >rccadj Laurence. ; 'VI > 1 '
■ ? ‘Also—Sibferiafc’ Crab, Grape root*—
tldferal C,. & N. BAMMONI).
Tioga. Co. 1 , Pa,, Oct, 4, 1855-ly.
Notice ,j ■ ,i .
s \ •srm.'U. i J . ii ;iJ .
Notice is thereby giysn ihnyi summons in partition
h»« |ssupd‘lirom ihe Court of 'Common PToo'Mor ffibjra-'
of Nbv&nberfleati,
at the ?urt‘6f White, agpiuat James U-.Gu-
Uck and FrankHp U. of tho Arbon
Company.. Apn F. jMaptor.ilary A. Dockery,
!sdwin-Byer. Auibony Schoder ana Mary 13.* Sobodfcr
1 his wife, Thomas B. Jacques, Samuel 6. Jacques, and
Isaac 8: Jacques,.for tbapurposnof maklngjpartitipn
<rfia tractof-land. ,*itugte township, Tioga
:fc OU PU» Pepq*a»,,seB£ijiped r
.Beginning at a birch at the enstprlycnriicr of land
of ‘Benjamin Vaiierson 1 ; tbonoo north forty
Cast two' buntfred-tiird r.ioety fivo. perches r« n pO«T|r
'chence-south nwotbbndred, and fifteen pejichqa to a
hicebi tUoDce.fiuqlb.-forty-siz. nnd three-fourths de
.gree* t one hundred } and cighjty-aix perches to a
beccb’j thence north wesfc onb hundred
an'ilHhfrty-thrce'perches'and five-tenths of aperph, ( to
n beech; thence north'thirty-seven degrees east 20
«4>fMb«e to,Ady*stf.thei\ce.ncir<h twenty-four degrees
the place of begimlidg—
coniafntng Vwo hbndWd’ afid eighteen acres more-or
and'part‘oF a ,f - tfncl of. land surveyed in.
pursuance of warrant &o. fioj)B to, Aaron Bloss said
plaintiff with tho defendants named
together and undivided do bold the premises above
'named. • - J . LBROY TABOR, Sheriff. /
. MUoot6s-6w. • *
i * ■ - ■ ii_
i~~ - . . WM, ..XDWBtSBND, Agest. ' , * 1
t'j Wholesale and detail ; Dealer ii.
FLOUR, POREi-SAUS, & GROCERIES,
, -ALSO, ‘ ,
.FRESH ’MCT tON, BUTTER, &c,
.Shop one of Smith’s Office.
WeUiboro, Aug. 2, lB6S—tf. ‘
—TO—
ASD . i ' ,l ! ''
paints. oits,/'/' i ;
" !. .
CASTORS,
WRITING PAPER,
WBLtSBOBS, PA,.; ,i
f s
JWCsceUatig.
(From the Pcngbfceepflie Eagle.]
, AN QPINION AS IS AN OPINION.
ThbYoliowing; purporting' to be an opinion
of a Surrogate of one of, the northern counties,
of Sew York hes,been sent os by.a subscriber,
FlUbth^,request that we,should publish it for
the,benefit of the public.
Bej we Peteg 1 Q. C. Shortman, Surrogate.
'ln the tti’attbr""if proving the last Will and
Titus A. Peepj.i • . s ,
i Titus A. Peep, of Green fiat* IJamilt on .county,
is, plpiiped to have made a will, whereby be
devised to one John Smith property ‘ to tbi
qmoupt of $20,000, consisting of. water idts'in
Majjmee city. Smith comes before the Sur-v
rugate to prove the' will and demand the prop;,
'erty devised. Counsel opposing probate show ;
1 Isti That Titus A; Peep, the, teatatorvds still'
living and in proof of ithis, Peep,himself ja pro 1 -’’
djocud .-in-Court, and,, testifies that bo is not
sea(J;, ( _
2d. That the title to said ' water lots was
never in eaid Peep, and/that ha "never' had nor
pretended to have any manner of claim td said
Idts; 1 ■ ‘ ■ 1 . •' "I- : i .. it
"-3d,That the signature 4a a forgery; Md
■■4th. Thftt there, are no witnesses to the will;
TJhe questions before the Surrogate, therefore
are,«“ * ' ' ' i ■ '
‘'lsti'Wbeth'er tfie will" can be '{admitted .to
probate during-the lifetime of tbe*e stator. * ‘‘ l>
2d. Whether the devise of real 'estate, never
owned by the testator, is valid and sufficient to
paea tfe'-titie'; ; ; V: " ’ " ’
- 3{LW,bethpt. l the, fact that the, signature is
forged constitutes any objection’tn the validity
of the will. •" • • • . •. : •, wij
n ' 4th!'Whether it is'indispensable that I 'the wilf
ihouid be witnessed. .■
1 1 OPINIOtI bF THEBO»BOQaTE. . > , -
The'devise of the property by will is of great,
antiquity. Indeed, this method of disposing of.
one’p acquisitions. is coeval with the existence
of. the...human, race; Wills are now extant
{l?eipg. preserved in,- the British Museum, see
catalogue of thatiinatitution,).which are said
tobavcbeen transmitted from the most. ancient
among.the,.,antediluvian*. ,Indeed, Blacks;pqe
remarks tha.t an .example of a will in
,the.,bop)s..of (genesis—and Clacketone’sauthori
,ty, upon,that, point must,be held decisive. It is
to be regretted that the manuscript is lost, but
probably the will of Adam i? referred to by
this learned Commentator. Wills also
known to have existed among the first settlors
in.. Scandinavia, Assyria, Greece and Rome.'— 1
jinked, the word itself may bo traced directly
to the Latin. Xopgue., ,It is derived from volo.—
11 Sic VOLO, sic Juber,'atai pro rations voluntas
as Nero remarks in the Pandects. My , Lord
Coke, in his Institutes, which is a work o( high
authority, uses the phrase “ Willy-nilly,”
which he. derives from “nim and doll” or
“ naroby, pamby.’’ Dr. Johnson made some
observations on this subject, but os the Court
does not attach much .weight to bis authority,
it. is pot deemed advisable to quote them [see
hie woj-ks, London Ed., Quarto.] Webster’s'
idetinitiop of tjtis word should be consulted by
nil who are .desirous of understanding its pre
cise. meaning/] see bis great Dictionary of the
English language, which contains. 30,000 more
words than, any other similar ln Eng
land, the, time ja pot kn.pwn [to me, at all
evepts,]. when testamentary instruments were
pot recognized., Important changes have been
mpd®! hpwevpr, from time to time, ip that king-
dom,, on a great variety.' of subjects, [see
Hume’s Hist, of Jiug., vpl. Ist to last inclusive.]
It is u o question much discussed among jurists
aiid,natuialists, whether testamentary bequests
ha .a .civil or .natural right. .1. think there is:
much to be said on,both sides >f this quqstion.
, It is certainly a very civil proceeding towards
those tq.wfium tfie testaipr. bequeaths his prop
erty,; and, in this great and.glorious Republic 1 ,
we all hold it, to be a natural right for ■every 1
imtn, arttf-.ißtas-espaciaUy; for every free! man,
to do as he d——-n please, both :is to idavia
irrg hnd inheriting 'property [see Declaration pf
Irrdepetidehoe,f«wrtJ»:] N. B. !■ used'the wort!
d -■'"'' W, not es a Court; butas an individual.
‘,.'‘Aa' bd» been before intimated, every, mah'
‘'din 'tnak'e d'WiiJ, who ’hak'a disfioaition tojdb’sd.
And 1 can flnd-no autiidrity for requiring that
the Mstatqr shoold' poseess any 'thing .to be
queath. This woulddodeed be making a tiis
-1 unction bitween the rich and pbor, which
would berodio.ua to every friend of freedom and
equality [S'eß'Jeffers’n’h Manual, vol. 9-j The
"Almighty bas net indeed given to aH alike in
the matter of worldly substance—but tbe glo
rious privilege of leaving ! to his -friends what
■everhe is obliged to leave -behind him-cettainly
belongs’ lb • -every testator.. iThe ' followiug
'■waiiUi-ia quoted from a writer-of. igteat weight
'and atfihurity,'and is clearly in--point: ;
, ;’u poM tooiiarch of ell Xeurveyy- .
My right xhete.ie none t* dispute.”
[R.-Graso’e Digest, voL7,p. 953.]
By tight here- - Mr.' Cruso unquestionably
means the right of making wills, whether'a
’msnihae anything t& give or not. ■(,.« -
We arenext 1 1 consider wha: degree of oa
paeity ie requisite‘ td -innka‘a will. 1 As has:
been well remarked by Vattel, -Puffeodorf
and email infante, idiots and
madmen are conlmierecLincapable. The stand
ard of Capacity for making wiilg ta indeed Very
low—being about the same as that required to
' decide on their validity. And here I; cannot'
forbear ’to quote from a recent deoieion of a
learned brother in an eastern county. - “ Every
person not embraced'in either of the above
classes [idiots, lunatics, or persons non compos
menfia,] of lawful age, is’ competent to make a
will', be hie understanding ever so weak," and
'is also, 1 will venture to add, eligible to the
office of Surrogate. - -
Married women were anciently regarded ae
incompetent to makei a testamentary bequest,
bat their competency is restored by a recent
statute, in these words;
“When she min, she will, yon may depend on’t;
And When she won't, she won’t, so there's the end on’t.
'' The idea of -making a will naturally suggests
the thought of death, which is by no means
pleasant.' It is claimed here, that by the not
of making a will a man contracts to die, and
that, if he lives, in violation of this implied
promise be is guilty of a fraud, and is estopped
to oppose the probate of the will [see Grotius
& Pothier on a stopple.] Fur him to do so
would be “to take advantage of his own
wrong”—which as my Lord Mansfield sug
gests, is “a dodge not sanctioned by tbe law,”
I “ight also, quote .from Confucius, Solon,
Lycurgus, Sorrates, Hannibal, and other learn
ed Thebans, bnt for the present I forbear.
, The remarks I have made above may not all
he considered applicable to this case, bnt, “ tbe
imperfeot knowledge” on this subject, will be, ;
it is hoped, a sufficient excuse for them. ■ Be
sides, We'are‘admonished by'A' !, Conrt whose
authority may be considered somewhat higher
than,this, not “tobide our Light under.a bush
el,'’ ,In .accordance with this suggestion, the
Court has thought meet to remove the’ bushel,
that its'iight, like a small city on a gfeat (hill,
imay'illome-the.surroanding darkness. ! ' .
1 now, propose to. consider some of the other
„p,dints raise*] in this case, and :
Ipt. jstheprppf that the (eatutor is still
living sufficient' to prevent the '‘tirdbatb'bf the
wfHf* 'A«''his''edreadybeett 'intimated, the'
Court would consider it by: no means deaf
; that, ifitbs testator were proved, to bf living,-
this would defeat the will. For, as my latei
lamented brother, jndge StcryT^justly remarks
[Eq.' Jur.eeb. ’ 64, g]f " Ir\ equity that is al
ways considered ‘as dono'Svhiob-'m&nifeatiy
‘ought to have been done.” , Now .it is clear
from the testimony that the testator ought to
have been dead years ago- And this being a
horse-marine Court, with equity jurisdiction,
bb will'therefore be considered as dead. This,
then, constitutes no objection to the validity of
the will; Besides, the only evidence produced
to prove-that the testator is still living is the
testimony of, Peep .himself. He-is deafly
an interested witness, and therefore incompe
tent. It is alatTolaimed that his testimony is
rebutted by proof of nn alibi, to which position
‘itbisCourt. accords its full assent.
1 ’ .1
2d. Does- the fact, that the property be
queathed to Smith did pot belong to the testa
tor, deprive the devisee of his right of posses-'
sion 7 I hold clearly not, for reasons already
assigned.
3d. Is the thst the signature
is conceded to be a.forgery a valid objection to
t^e. will 7 After a pretty thorough investiga
tion, I have come to the conclusion that it is
not. I ground my opinion upon the authority
of Mr. justice Story, cited under the first
point. In accordance with that principle, it
was not sufficient to prove that Peep did not
sign the will it should also have been shown
that be not to have done so.
So far, I find nothing to prevent Mr. Smith’s
taking the property. But, greatly to my regret
(for- 1 have a great respect for the family of
which his illustrious name shows him to be a
member,) the last objection is a fatal one.—
There were no witnesses. The statute provides
that there should be. John Smith can’t have
them water lots, and a decree must be entered
to that effect. The costs mnst be paid by the
man who owns the property devised; for I can
not find that any other of the parties have any.
I do not think there has been any fraud in
this matter. The forgery of the testators sig
nature is indeed, wrapped in mystery,” but
I cannot suspect tbutany of my fellow-citizens,
to whose suffrage I. am indebted for “ all I
possess and almost all I know” would be guil
ty of doing any wrong in the premises.
Pxleg Q. C. Shoetman, Surrogate,
Greenflat, Hamilton Co.
The Same Old Story. —How many instan
ces similar hrthe one we are about to relate
have occurred since the commencement of the
last war. Williakn Seydam, residing on Ida
Hill, near tbe Congress street M. E. -Church,
donned Uncle Sam’s blue and went to tbe war
in 1861. He was absent about a year, when
hie wife received‘the terrible intelligence that
’her husband had died, gallantly fighting oaths
battle-field. A few weeks passed on, and the
widow married again, and changed her name
to Mrs. Anderson. . Nothing .occurred to mar
thp happiness of Mr. and Mrs. Anderson for
upwards of two years; and to add to their joy
two juvenile Andei-sona—a little boj and girl—
completed tbs family circle. It was indeed too
bad that their domestic tranquility was doom-,
ed tuibessriausly-.dietutbed. , Qtm evening last
week, the family were fitting at.the supper ta
ble, when a soldier rapped at tbe door. He
was invited to walk in. That' soldier was
-William Seydam. ‘ The rumor in'regard to his
-death Was an unfounded. Tbe 'scene' that
Occurred;'in .the language.of .the -novelist, can
better be,imagined than described.— Troy Whig,
Dissimulation.— Dreadful;limits arp set in
'nature to the power of dissimulation. Troth
tyrannizes the unwilling members of .the
body. -Face* never - lie, it is said. No roan
seed he deceived wbo * ll:»tudy the obi H;ea of:
expression, When a man speaks the truth in
the spirit of truth, hie eye is as clear as the
heavens. When be has base ends, and speaks
' falsely,'his'eye is muddy, and sometimes as
quinr. I have beard an experienced 'counselor
say that he never feared tbe effect upon a jury
o£ a,lawyer vyhv does-not Relieve.in his heart
that bia client ought to have a verdict.—Emer
son'.
J Poisoned Hik.—Farmer Windsor, living at
Randolph, took a pretty “ gal” with him to the
circCs. Straightway' walked hie wife to the
dmggist.ofwhom she bought some arsenic.—
This she inserted 'ipto a pie of which her hus
band was very fond. He -eto.__it.pext day for
dinner, and that night was past the region of
flirtation. Mrs/WindeoFe address is at Madi
son jail.
An itinerant preacher, who rambled in hie
sermons, when requested to stick to his text,
replied, ‘ that scattering shot would bit the most
birds."
If exercise promotes health, those who col
lect old bills for editors should be the longest
lived people on earth.
The Boston Post oalle " waterfalls" break
ers o’head.
Advertisement* will be charged $1 per iqnare of It
lines, one insertion, and $1.50 for three insertion*
Advertisement* of less than 10 line* considered a*
a squire. The subjoined rates will be charged for
Quarterly, Half-Yearly and Yearly advertisement*;
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Advertisements not naving the number of inser
tions desired marked upon them, will he published
until ordered out and charged accordingly.
Posters, Handbills, Bill-Heads, Letter-Heads] and
all kinds of Jobbing done in country establishments,
executed neatly and promptly. Justices', Constable’s
and-other BLANKS, constantly on hand.
NO. 12.
CommunUattott.
[Written, for The Agitator.]
THE BOOS OSW" JEW.”
Now Jeff sorrowing in heart, said note his
counselors, “!o ! the men of freedom are stron
ger than we ; and they have great arinies, and
men at home to till the soil, and they have corn
and cattle on which to subsist; and oar men
are in the. field, and onr. country overran by
the men of Abraham, and by thie man Abra
ham, onr bondsmen have been taken from os,
hnd if onr-friends beyond the sea, come not to
onr rescue, then indeed will this Abraham,
triumph, and disgrace will fall upon us."
And they retreated to a stronghold called
Richmond, anff fortified themselves there, and
and there waited the approach of the men of
Abraham,’who after many days besieged it.—
Now while these things progressed, the armies
of Abraham in other parts of the revolted prov
inces, both in the west, and in the sonth;
proved themselves valiant men, and fought
many battles against the Jeffites, and »toad
fastly prevailed against them, and discomfited
them ; though many times they were foiled in
battle, ftjr the men of Jeff fought desperately,
well knowing that their lives were forfeit if
if they succeeded not; which troth Jeff also
knew.
And he said unto Li* fighting men, “ fight
valiantly, lest peradventure ye fell into th*
band* of the men of Liberty and be slain.—
And the revolted province* were invaded by
tea and by land, and success wa* with Abra
ham.
And Jeff groaned in spirit, and said “ woe
is me, for Abraham will prevail against me.”
And ha did prevail, and many of the strong
holds of the Jeffites were taken by the champi
ons of liberty; also many captives; bnt the
scribe forbears to minately describe them all.
Now about this time, Jeff despairing of mo
cor from the kings of the east, and being im
portuned by the wise men of bis realm, did
send deputies to seek Abraham and his coun
selors, and to desire peace.
And be said nnto them, " If this man-Abra
ham will call back bis fighting men from
against us, and will grant nnto ns rebels to be
a nation, then will we be at peace withr him;
and if he will not grant this unto ns, then will
we fight on, even unto the ' last ditcheven
so sbalt thou say nnto him, and- say nought
else.”
And the counselors did as Jeff had com
manded. And Abraham laughed them to
scorn; and Abraham said, “lo 1 for these four
years have I warred for my people, to sustain
the government of my people, which came
down to them from their forefathers, and is in
their hearts more precious than fine gold; now,
thickest thon I will give ’ it nnto thee at thy
bidding ? But return thon nnto Jeff, thy pias
ter, and say -thou unto him, that, if ha will
command hia fighting men to lay down their
arms, and return to their homes, and fight no
more against the lawful authority of this na
tion, then will I be at peace with him ; and my
people, and his people, shall be one, and har
mony shall prevail amongst them."
And they went their way, and told Jeff what
Abraham had said, and besought hint to dis
band his armiaf. But Jeff would not hearken
unto them, and they were sore displeased.
And there was one Alexander, whose surname
was Stephens, who went out in great anger
from their midst, and from that day forth,
walked no wore with them.
”, Now Jeff was sore dismayed, and he oast in
his mind what he should do unto Abraham.
And Jeff su id, “bis armies are invincible,
and we must fall before them, and by sea be
hath encompassed ns, and in him dwelleth wis
dom, and righteousness, and the fear of the
living God ; and except his days be shortened,
he will take ns captives, and mete out justice
unto us, and take away our possessions, and
imprison ns, and peradventnre will hang us on
a tree; therefore, Oh my counselors, come thou
forth, and we will devise means for the over
throw of Abrahatnl.”
Meets. Melobots the Scxjbb.
A' Striking Resemblance. —Before the open
ing of.'the last campaign io front of Richmond,
horses became very scarce in the rebel army
and orders were issued to impress all that
could be found in tbe surrounding country.—
While engaged in the execution of this order,
a squad of. cavalry met Jefferson Davis riding
in an elegant carriage drawn by a fine span.—
The corporal in command gruffly ordered him
to “ get out" and give up the animals. Jeff,
refused. The' corporal insisted. Finally to
out short tbe parley, Jeff, enquired, “Do you
know whq lam ?” “ No,” replied tbe soldier.
*• I jam President Davis," said Jeff. “ Drive
on, said the corporal, “ I thought you look
ed like a cT—d old postage stamp.” This
story we know to be true.
A Rare Parjit.— -There is a family *f seven
members now living in Concord, in this coon*
ty, of which there are two husbands, two wives,
three fathers, two grandfathers, two fathers-in
law, one grandfather in-law, two sons, two
grandsons, one mother-in-law, one grandmother,
two daughters, one daughter-in-law, one grand
daughter, one great-grand-daughter, one grand*
daughter-in-law.
“ Good blood will always show itself," aa
the’ old lady said, when she was struck by the
redness of her nose.
Ann Maria Story was married to Bob Short.
A very pleasant way of making a «Storv
Short.*’ ' . -—
He that would have no trouble in this world
most cot be born in It. 1
Opportunities, like eggs, most be hatched
when they are fresh.
The husband who devoured bis wife with
kisses found afterwards that she disagreed with
him.
Rates of Advertising.
3 MONTHS. 8 MONTHS. 13 MONTHS.
54.00 $3.75 $7.50
.... 6.00 8.25 10.00
8.76 10.75 12.50
lO.OO 12.00 16.76
18.75 25.00 31.50
....30.00 42.00 60,00
CHAPTER Z.
CHAPTER ZX.