The
facts are as stated. It is true, the will was a clear bequest of all
his estate to his brother, a resident of the State, and the memorandum
a mere request, and this might have been destroyed or disobeyed with
impunity. The will alone was the authoritative disposition of his
estate; the brother claimed under this, and the property once in his
possession, it was his to dispose of at pleasure.
The death of Judge Martin was regretted by every one as a serious loss
to the State, though he had attained very nearly to the age of
fourscore. He had failed, from the entire want of social and
sympathetic attributes in the composition of his nature, to fasten
himself upon the affections of any one, though he commanded the
respect of all for the high qualities of his intellect, his public
services, and the consistent honesty of his life. He was followed to
the grave by the entire Bench and Bar, and most of the distinguished
people of his adopted city. But I doubt if a tear was shed at his
funeral. He was without the ties in life which, sundered by death,
wring tears and grief from the living who loved and who have lost the
endeared one.
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