Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-04-05
Chittenden County Court.-Aprll Term.
HON. JOHN PIERPOINT, PRESIDING JUDGE.
How. 4 4. b B. d maIs.H1 Assistant Judges
Q. !. PALMER, States Attorney.
A. J. HOWARD. Clerk.
L. A, DREW Sheriff.
BURLINGTON, Tuesday, April 2, 1878.

Il. A. DREW, oherih.
BURLINGTON. Tuesday, April ?. 1873.
The April Term of the County Court for
this county was opened at $50 with prayer
by Rev. I. A. Griffin, pastor of the Metho
dist Episcopal church of this city. PROCLAIM
alton was made for the Petit Jurors who
were subsequently addressed briefly by His
Honor, Judge Pierpoint. in the way of eau
ton in regard to their duties.
The remainder Of the morning was oe-
cupied with hearing motions for contiru-
ancs. Ut the sixty causes on the jury cal
endar twenty were disposed of by discon-
tinuGuce or otherwise.
WEDNESDAY, April 3, 1878.
Tho afternoon session was occupied with
the hearing of the motion of counsel for the
defendants in the case OF Hemenwsy, execu-
trix, apee., vs.. Barker ct ais, apis, Tor
continuance on the ground Of absence OF I'M
portant witnesses and prior engagements OF
associate counsel. After full hearing, the
Court decided TO have the trial proceed this
morning. 1t will therefore be the firstcau
for triel, and will probably occupy the at
tention of the Court for a week, or more
THURSDAY, April 4
The first hour OF the session yesterday
morning was occupied with obtaining a
jury for the trial of the case Of Abby NJ.
Hemepway, ex'x. vs.. Caroline Barker ct ais.
The opening statements Of the case were
made by Messrs. Z. j. Phelps on the part OF
the testatrix, and Henry Ballard for the
contestants, at the conclusion of which the
testimony in the cause was commenced by
the introduction and proof Of the will in
question IL will be remembered by those
who were sufficiently interested 10 the nine
days trial Of the case, at tho last September
term, that this is an appeal from the decis-
ion of the Probate Court rendered January
4th, 1875, which established the will of the
late Mrs. Lydia Mech. who was for
many years a resident Of this city The
contestants did not appear at the Probate
Court. as they preferred to present their
claims where they could be more fully tried.
1t appears that the will was made By the
testatrix Oct. 7, 1874, having been drawn
up at her request by Hon. b. ii. Smaley,
Of SwautOn. who happened to call at the
residence Of Mrs. Mech On Pearl street
shortly after tho jecease of Hon. ID. W. Z.
Clark the only son and heir at law of Mrs.
Mech. At this time the testatrix was
eighty-four years of age. She died about
four years afterwards. BY the provisions
Of the will life interest in the estate was
given to the plaintiff with the remainder to
Bishop DeGoesbr land, for the use Of the
charities OF the Roman Catholic church.
Tho teststri1 left no lineal heirs and the
contestants are her nieces and children Of a
deceased nephew. The validity of tho
will is contested on the ground
First. that the instrument was not pro-
perly and legally executed: second,
that the testatrix at the time of the execu-
ton Of the instrument WAS not of sound
and disposing mind and memory, but
through physical and mental infirmiIy and
weakness was Of unsound mind and wholly
incapable Of executing valid viii /: third,
that the tie. tstrix at the time the instrument
was executed was unduly influenced in re-
spect to the disposition OF her property
therein made and that she was not permit
ted and did not exercise her own Tree and
voluntary choice and will in respect to the
making and executing of the instrument.
Messrs. W. q. Shaw, E. K. Hard, Z. j.
Phelps and Daniel Roberts for the pro-
ponent; Henry Ballard ald l.. L. Lawrence
for the contestants. The trial will probably
continue for week or more.