The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1874-05-07

trust might lead to trouble. Still il
would be great help to his brother to
have the business, and he wanted to
assist Emory if he could. This Mr..
Fleming strongly advised him to do,
and Emory was accordingly sent for at
once. Still Mr.. Fleming was not will
ing to deny that that was the document
he had witnessed and his signature ap-
pended to it.
DR.. James Potter, the family physi-
cleIi, testified that the decedent had re-
peatedly told him during his illness,
that he had left all his property to his
wife and son.
On the other hand, Emory Sudler
pointed to the fact that none of the
three witnesses were able to dispute
their signatures, and he demanded that
the will be at once admitted to probate.
He said that he was quite aware that
his brother Sylvester had made state
ments in regard to his testamentary in
tentions that were at variance with his
testamentary act, and further stated
that he had written the copy of the
form testified to by Mrs. Edwards and
Rev. Mr.. Fleming, at his brothers re-
quest, and for the purpose of deceiv.
ing. There was reason for all this,
and for the peculiar character of his
brothers will but his brother had
told him this in confidence, and he was
very reluctant to expose family secrets
to the public gaze. The widow was
quite we'll aware of what be meant, but
he would not publish it unless it was
absolutely necessary to the establishing
of his rights, and unless the court COM
PEELED him to speak. The widow per-
emptorily denied that she understood
the caveatee's insinuations, and defied
him to reveal any family secrets that
would be damaging to any person be-
sides himself. The court thought that
it could not decide upon the validity of
the will until it had sifted the matter to
the bottom, but, in Difference to Mr..
Sudler's reluctance to testify, adjourn
ed over for week, holding the ques-
ton under advisement.
When the court next met it announced
that Mr.. Emory J. Sudler's further tes-
timony was necessary to determine it's
action in regard to the probate. Mr..
Sudler was accordingly again put
upon the stand, and testified that in a
private interview with his brother Syl-
vester preliminary to drawing the will
Sylvester told him that he had known
for several years that his wife was an
unchaste woman, had been unfaithful
to him, and that the child, Emory j.
Sudler, Jr., was not his but an outcast.
He knew this. but only by negro testi-
mony, and so indirectly and obscurely
that he could not have procured di-
vorce. He had accordingly said moth
ing, and taken no steps for separa-
tion. He was much older than his wife.
used to her, and considerably under
her influence in short, she controlled
him, and he could not get along well
without her. Still, in coming to die,
he could not bring himself to perpetu.
ate wrong, nor forget her infdelity,
nor leave his property to illegitimate
aliens. He accordingly dicta ed the
will produced in court, and to avoid re-
elimination and $50 he said) to keep
from being poisoned. had at the same
time got his brother to prepare the fic-
titious will Of which mention has been
made. "Where is that will?" asked
the Chief Judge. Mr.. Sudler produced
it. In appearance it was fac simile Of
the executed will.
"Io. MARY ALL lSpCllOi 4bl'
Emory j. Sudler's statement with much
indignation, and her counsel announced
in court that she would take immediate
steps to vindicate her reputation and
punish her husbands brother for his
foul aspersions by suing him for SIAN
der The judges of the Orphans Court,
however, while regretting the turn
things had taken, announced that they
were determined to admit the will pre-
sented by Emory J. Sudler to probate,
and directed that gentleman to have his
bond ready for next court day.
The widow at once appealed, went
into the Circuit Court and got an in
junction, brought a civil suit against
Emory j. Sudler for slander, and tried
to have him indicted for SANDER and
perjury both. Now ensued success
sion of legal proceedings of a very be-
wildering sort-the executor trying to
force the matter to settlement, and
the widows counsel resorting to all
sorts of dilatory steps. On the 10Th of
January, 1873, however, one year pre-
cisely from the day of Sylvester Sud
ler's death, it was announced that the
widow had actually discovered the will
which she all along claimed her hus-
band had executed, and discovered it
in the most singular, not to say miracu-
lous manner. Now there was change
in tine spirit of the proceedings. The
caveators ceased their dilatory motions
and pressed for trial, while the execu-
tor employed all the means in his power
to secure the laws delay. Last No
vember, however, the counsel on both
sides came to an arrangement by which
the issue might be definitely tried.
Monday week, March 3, the case was
called and the parties were ready for
trial. Judges Wickes and Stump were
both present, and the Chief Judge John
M. Robinson came over from the Court
of Appeals at Annapolis expressly to
preside, SO that we had full bench.
Both parties were represented by the
most eminent lawyers practicing on the
Eastern shore, while the caveatee head
ed his array with John Sturgis Mack
line, of Washington County, who stands
at the head of Chancery practitioners
in this State, and is not unknown in
national politics. The court room was
crowded with spectators, great many
persons having come over from Queen
Anne's and Kent Counties, where the
parties have many friends and relatives,
and where the case has excited the
iveliest interest.
The first two days of the trial were
chiefly consumed in preliminaries,
legal skirmishing and the like, and did
not furnish much matter of interest.
But ON Wednesday at the opening OF
the Court the issue was squarely joined
by the caveators presenting in Court