Reading Eagle, May 1, 1869
COURT PROCEEDINGS Enoch S. Matthias and Daniel Clouser Administrators of George Albright, deceased vs. Jacob Albright, George Albright and Levi Albright, 92 March T., 1869. This was a feigned issue to try the validity of the will of George Albright, deceased. Mr. Albright lived in Earl Township, near Shanesville, and at the time of his death, which occurred on the 4th January, 1869, was 78 years of age. The will was made on the 19th of December, 1868. This estate amounted to probably about $2,500 and consisted altogether of personality. He bequeathed it to his two daughters, Mrs. Swoyer and Mrs. Ellinger, and to the six children of Mrs. Swoyer. It was alleged that the will was procured by undue influence and that at the time of making it, he was not possessed of a due testamentary capacity. The will was executed at the house of Samuel Swoyer, his son-in-law, with whom the testator lived during the last two or three years of his life. During this period, being old, totally blind and very hard of hearing, he preferred living with his daughter, and seems to have been well cared for and attended to by the household. The allegations of the defense was that by means of an over degree of kind treatment and wheedling bestowed upon him in an enfeebled condition of mind, an undue ascendancy was obtained over him by Mrs. Swoyer and her children, by which he was induced to make a will in their behalf, to the exclusion of the defendants, who are his three sons. It was shown that he was struck with apoplexy on Friday evening, the 18th of December, and that the will was executed between 11 and 12 o'clock the next morning. The instrument was drawn by Philip Matthias, a justice of the peace of Earl Township, now deceased, in the room in which the testator was lying. Samuel Swoyer testified that Matthias having first consulted the old man as to how he wished it drawn, read over each portion of it as it was being written and asked him if that was the way he wanted it. Swoyer meanwhile held him up in bed, and when the paper had been finished the Squire guided his hand while he made his mark to it. Dr. Addison Schultz, who was his attending physician and who was called for the defense, testified that he was kept waiting outside the room for about three quarters of an hour, until the will was finished, that the old man was weak and restless, and that his mind was not in as good a condition as it was subsequently. The whole left side had been paralyzed from the attack and was utterly helpless and cold. The plaintiffs showed that the old man had visited Justice Clouser some time previous to his illness and consulted him as to how he wished to make his will, and that the views he then expressed corresponded entirely with the provisions of the instrument drawn up on the occasion referred to. Several witnesses also saw him between the time the will was made and his death, and they all stated that he talked sensibly making volunteer remarks and rational replies to questions. Esquire Clauser saw him the second day afterwards and took his affidavit to a legal instrument. Some six or seven witnesses were examined in the case who expressed various opinion as to his testamentary capacity. The facts were fully argued to the jury, and the trial occupied something over a day. The jury returned a verdict for the plaintiffs, thus sustaining the will. Laucks for the plaintiffs. Seltzer, Bear and Young for the defense.Submitted by Betty.
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