The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1871-04-07
IN THE PROBHTE COURT FOR
THE COUNTY OF J:4.N' BURE.v.
IN the matter Of the Estate Of ROifin
CraDier, Deceased.

| The following petition was fled In this Court
December IL, 1870, and an order OF hearing
was thereupon granted for the 9th day Of jan
uary, 1871 on which day, by request of peti-
toner, the hearing was adjourned to the oath
| day OF January, 1871. Subsequent adjourn
, ments were held in the process Of the hearing
| until the 10th day OF February, 1871, when the
matter was finally submitted, after full and
elaborate argument, to the decision OF the
Court.
! STATS OF MICHIGAN To the Hon. George w.
Lawton, Judge of Probate for the County Of
Van Buren,:
Your petitioner, Morris Steadman, OF said
county, respectfully represents that Rolln
Cramer, late OF said county, has lately deceased
testate, having at the time of his death estate
in said county.
That your petitioner was named in said will
as executor thereof, and is willing to accept
that trust.
That the original Of said will has been acci.
dentally destroyed, and that the paper here
unto annexed is in substance O copy OF euch
original.
Wherefore your petitioner prays that the
said will may be proved, allowed and approved,
according TO such annexed copy, or otherwise
as the said will may upon the probate thereof
appear and that your petitioner may be ap-
pointed executor thereof. MORRIS SrEADMAN.
STATE OF MICHIGAN, County Of Van Buren,. ss
This 18th day OF December, A. d., 1870,
personally appeared before me Morris Stead
man, OF said county, who being duly sworn,
says that he has heard the foregoing petition
by him subscribed read and that the same is
true III substance and fact.
GEO. W. LAWTON, Judge Of Probate.
In the name OF God, amen, /, Rollln Cramer,
OF the township Of Lawrence. in the county Of
Van Buren, and State of Michigan, OF the age
OF thirty-fve years, and being Of sound mind
and memory do make, publish and declare this
my last will and testament In the Following,
that is to say
FIRsT-I will that after my decease all my
debts and funeral expenses shall be paid from
any property | may own at the time or my
death.
SEcoND-I give and devise to Morris Stead
man his heirs and assignees, all nv real estate,
however the same may be situated OF which l
shall die possessed, after the payment Of all
my just debts and funeral expenses and suita-
BILE tombstones at my grave.
THIRD hereby nominate and appoint Nor
ris Steadman as executor OF this, my last will
and testament hereby revoking all former wills
by me made,
In wltness whereof have hereunto set my
hand and seal this 18th day of May, 1867.
RoLL1N ms n oRAMER.
mark
The above instrument consisting Of ono
sheet was, at the date thereof signed. sealed
and published and declared by the said Rolin
Cramer as and for his last will and testament,
In presence OF us, who at his request IN his
presence, and In the presence OF each 1ther,
have subscribed our names as witnesses thereto.
JOHN B. UPTON,
MICHAEL RYAN,
residing at Lawrence, Van Buren, County.
The facts in this case and necessary to its
being clearly understood will sufficiently ap-
pear in the opinion Rollin Cramer was never
mo rria1 nd tho oil Of tba IL
contested by Clara A. Bennett and Catherine
Cramer, sisters Of the deceased The latter
has died since the commencement OF these
proceedings.
Hon. s. II. BLACKMAN,
with SEvERENs d BURROWS for Proponents.
Hon. CHANDLER RICHARDS,
with STEPHENSON q BARNUM, for Contestants.
OPINION AND ORDER.
F1RsT-THE EXECUTION OF THE WILL.
Rollin Cramer resided in the township Of
Lawrence, In this county, and having therein
certain real estate upon which he resided, to-
gether with his mother and brother-in-law,
Morris Steadman. the petitioner. lie left the
house just after dinner, July Ia, 1869, and was
not seen again until July 19, 1862, when by
general turn out OF the nelghbors in search for
HIM, his body was found about half mile
from tse house lying in marsh or water hole
with life extinct. From the condition OF the
body it was evident he had been dead some
days. He was afflicted at this time with Chronic
Chorea or st. Vitus' Dance, and either COM
mitted suicide by drowning himself or fell ac-
cdentally into the water and was unable to
get out. The disease had manifested itself in
his person for some seven or eight years pre-
vlous to his death.
On Feb. 16, 1867, Cramer conveyed by his
deed the land he resided upon to the propon-
ent, who had about that time come to reside
with him. The consideration OF the convey
ance being lease securing the life support OF
the deceased. subsequently on the 5th day OF
March, 1867, guardicn was appointed OF the
person and estate OF Rollln Gramer, and
Steadman on the 11th-same month-conveyed
the premises to him. On or about the 11th OF
May, 1867, Mr.. John b. Upton, an attorney at
law, drew the proposed will. Concerning 1t he
testifes as follows:
"Sometime about the 1st of May. 1867,
Morris Steadman said to me, "Rollin is COM
ing down and he wants you to draw his will );
but Steadman never stated to me the terms OF
the WILL"
He further says 81 drafted the will at Rol-
lin Cramers request. He executed 1T by max
ing his mark / signed it as witness, 80 did
Michael Ryan. He signed In my presence and
in Ryan's presence, and We signed IN each 9th
ers presence. j read the paper to him item by
item and asked him If that was his will as he
wanted il to be, and he said yes. then
asked him If he wanted us to witness the exc
cutlon OF 1t, and he said he did. think he
was rational at the time. | did not see any
sign Of his not knowing what he was doing
L asked him before / drafted the will how he
wanted it drawn and he answered, and | drew
it as he said, and | read it to him after drawn.
| did not in the least discover what L
should call outside pressure or undue influence
being exerted on Cramer at the time Of draw
ing the will. 1t was drawn in my Office in
Lawrence. Cramer came there with Steadman.
Michael Ryan was In the Office transacting
some other business"
Mr.. Ryan testfes to the same effect, with
this additional statement:
"Cramer appeared to give bis attention to
the reading Of the paper by MIR. Upton and
when Mr.. Upton asked him II this was his last
will. Cramer SAID it was, and that some one,
naming him, should not have cent OF his
property. Mr.. Upton asked me to witness the
will. Cramer did not ask me to sign that re-
collect. / did net pass a word with Cramer.
Mr.. Upton read the will and signed 1t. Cramer
was near me when signed it"
Ii is in evidence that Cramer could not write
nor read writing but could read print some,
and that he was OF full age, in May. 1867.
The statutes OF this State provide that " ev-
cry person Of full age and sound mind, being
seized in his own right Of any lands,
Iaxr orI ~ au1a