Recollections of Abraham Lincoln, 1847-1865Lamon, Ward Hill
History
Recollections of Abraham Lincoln, 1847-1865
Lamon, Ward Hill
Lincoln, Abraham, 1809-1865
10 His calling for Robert's widow; and +so+ +asking+ the land to be
given to her children.
10-1/2 His recollection of his enmity to Correll & M. Lutiro*.
11 His objection that any of his own family should be Administrator.
12. His suggesting of Hamm* for Administrator
13 His asking Cyrus Correll & Samuel Havener to witness the Will--
Add to all this his long settled purpose to make, substantially, such a
Will--Quote authorities--
His eagerness about it the night before, & on the day the Will was
made--his being reminded of it the day +after+--and still remaining
quiet till his death--
The Will is unquestionably as it would have been, if it had been made
before his sickness.]
Then a copy of the will and the evidence of sixteen witnesses, after
which the following page of authorities:--
Illustration: The declarations of the Testator long before his
sickness, to make such a Will as he finally did make, are admissable,
and weighty evidence in support of the Will
7 Ala. 55
5 Strob. 167
7 Humph. 320
7 Ala. 519
6 Geo. 324.
Where an influence is acquired+ over a testator, by kind offices, or
persuasion, unconnected with fraud, the Will made under such influence,
would not be set aside--
2 N. J. 117
5 Strob. 167
3 Strob. 44. 552.
6 Geo. 324.
3 Denis 37.
1 Rich. 80
. Cheve, 37.
2 J.J. Mav. 340.
3 SvR. 267
1 Hanrig* 454.
2 Do. 375
A lower degree of of intellect is requisite to make a Will than to make
a contract.
21 Vt. 168
9 Iren. 99
6 Geo 324
7 B Mon. 655
3 Denis 37
9 Conn. 102. (over, on the start*)
On "+Sound mind and memory+" and also on "+opinions+" of witnesses, see.
Sowe vs Williamson 1 Green's Ch. 82
Stoan vs Maxwell 2 Green's Ch. 563.
Hunt's heirs vs Hunt 3. B. Mon. 575
M. Daniel's Will 2. J.J. Mar 331
Note--Hunt's heirs vs Hunt, above cited, contains an excellent form of
an instruction to be given to a jury, as to the weight and to the
opinions of the witnesses--][M]
[M] This was evidently written twice by Mr. Lincoln for it seems to be
the corrected page of one in the Collection of General Orendorff. This
corrected page has not the first allegation found in the rough draft:
"The widow of the testator is not a competent witness. II Hump. 565."
One of the opposing attorneys in the case was Mr. Lincoln's former law
partner, Judge Stephen T. Logan, who was the acknowledged leader of the
Illinois Bar for many years and from whom Mr. Lincoln derived more
benefit than from any other.[N]
Public-domain text, read in full here on John Shaqi.
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