Connecticut western news., 1874-05-08


 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. Mir. Fleming, at h1s 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 he meant, but he would not publish it unless it was absolutely necessary to the establishing of hls rights, and unless the court com: l pelled him to speak. The widow per- emptorily denied that she understood the caveatee's insinuations, and defed 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 deference to MT. Sudler's reluctance to testify, adjourn ed over for week, holding the ques- tion under advisement. -a When the court next met it announced that MT. Emory J. Sudler's further tes- timony was necessary to determine it's action in regard to the probate. MT. 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, IT,, 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 noth- | ing, and taken no steps for 8 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 we'll without her. Still, in coming to die, he could not bring himself to perpetu- ate wrong, nor forget her in6delity, nor leave his property to illegitimate aliens. He accordingly dicta ed the will produced in court, and to avoid re- crimination and (so he said) to keep from being poisoned, had at the same time got his brother to prepare the fic- | titious will cf which mention has been made. "Where is that will?" asked the Chief Judge. MT. Sudler produced it. In appearance it was fac sinile of the executed will. .t Mrs. Mary Ann Sudler repelled MT. 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 slan- 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 | junction, brought civil suit against Emory J. Sudler for islander, and tried to have him indicted for islander and perjury both. Now ensued success sion of legal proceedings of very be- wildering sort-the executor trying to force the matter to 8 settlement, and the widows counsel resorting to all sorts of dilatory steps. On the 18th 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 manuer. Now there was change in the 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 Mo- 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 liveliest 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 the will claimed to have been found January 18th, 1873, and offering to prove it as the actual and only last will and testament of Sylvester Sudler. The will admitted to probate was called for, and also the unexecuted and fictitious will, and all three placed side by side. There was remarkable similarity in the appearance of the three documents, which were all written upon eyeleted legal cap of a very large size. A sta tioner in Centreville testified that he had sold 8 quire of this paper to Rev. Mir. Fleming for MT. Sylvester Sudler some time about Christmas, 1871, and MT. Fleming produced the quire of paper, which he said he had got from MT. Sudler's writing desk shortly after his death, and preserved by advice of counsel. There were three sheets want ing from the quire.
 stand and handed two wills so folded that she could only see her own sigma ; ture as witness. Comparing the two most carefully, the witness. after long