The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-07-12
The Great Will Case.

IMPORTANT AND INrERESTING TRIAL AT lPswIcu.
This usually quiet place has become the scene of
excitement, from the trial OF the case OF the
will of the late Edward Bromteld Phillips, which
is contested by the heirs AT law, on the ground of
insanity, and legalIty from being made on Sunday
Eminent counsel have been engaged on both SIDES,
and n large number of distinguished witnesses
have been summoned Mr.. Phillips, in 1887, be-
came a resident OF Lynn, living at Nahant, and in
June ISIS, committed suicide at Brattlcboro Water
Cure establishment. The amount of properly IN
volvcd in the is nearly sl,OO0000. The heirs
at law who contest the will are Miss Theresa Pail
lips, sister OF deceased, Mrs Professor Beck, Of
Cambridge, the mother, Miss Beck, daughter Of
the above, and Mrs Salisbury, wife of Edward Il.
Salisbury, hafsister, by the first wife OF the father
of the deceased. The executors are Charles G..
LorinQ, Charles Amoy, Esqs., and Hon. Josiah
Quincy Tho will bears date Of Oct. OH, 1917, and
IS probe!ed in Essex county, Aug. ISIS. Counsel
for appcllants-Wm. II. Gardiner. Esq Hon. Joel
Parker, sydney Bartlett. ESQ. Counsel for tse APP
peees--llon. Rufus Choate, X. H. Curtis, Esq,
Ous j.. Lord, Esq. The court IS held by Chief
Justice shaw. the case having been. postponed
from former term, in consequence OF an interest
OF the presiding Judge Dewey. At the opening OF
the court, MIR. Bartlett, for the appellants. gave
notice that in the event Of important deposition
from Bratieboro'. which was expected, not arrv-
ing IN the course 1T the morning, he should move
Tor a continuance OF the case. Jonathan Phillips,
Esa., an important witness, beng absent on
account of lllncss, on motion OF Mr.. Bartlett,
Hon. Asahel Huntington appointed to pro-
and take hts deposition. u. X. Curtis, Esq /,
opened ,he case for the appellees, assigning as
reasons Tor the appeal-Ist, that the will was made
the Lords day. Oct. l0th, lSF; 81, because
l. H. Phillips was not of sound mind al the time
Of making his will ID, tina, he was unduly influ-
enced in the mai Jog and slgnIna of said will; 18th,
because said will IL not attested by three compe-
tent Witnesses, nor any competent witnesses; 9th,
because the persons whose names are attested to
said will are interested in the probate Of the s'une;
9th. because the Court Of PROBATE OF Essex has
not proper jurisdiction 9TH, because said will il
not attesed by tesator in the presence OF three
more competent witnesses. The will was now pro-
duced by The Register OF Probate, and read by Mr..
Curtis. The viii bequeathed in usual form $780,
COO TO Charles Emery and Charles G.. l.oring, IN
trust the interest Of the to be paid in quarter
~ instalments to Charles Beck and wife, during
their lives, and after their decease TO Abby $.
Beck and Theresa Phillips, his sisters; 100000
to Harvard University, as fund for one or more
astror omicsl observers, or for the purchase of
Astronomical instruments, as may be thought de-
siiable by the College corporation; s600OO to
Charles Emery and John H. Gray, or the survivor;
the remainder of HIS property and all his personal
effects. to HE cousin VIM. Phps.-IPsw,ch letter,
July 10, IN Bosfon Herald