Daily globe., 1879-06-18
MINNEAPOLIS NEWS
pec,aIly Reported for the Daily Glob.
THE PINNEY PRESENT

THE PINNEY PRESENT
To the Helpless Orphans Of Beaeer Count
---A. Disinterested Brother-in-Lap tn
irresponsible Custodian OF a 5000 90
Legacy to Children of 'sPoor but Honest
Parents, fe, Ttrenty Years to Do Vhat II
Likes With.
The great Pinney will case was befor
Judge Young again yesterday. Mr.. Sha,
opened the case for the natural heirs, b
reading one of the most singular wills eve
devised by the cunning brain of Philadel
phia lawyer. He commented upon the vari
Gus clauses and called especial attention t.
clauses eight, nine and ten, and stigmatize,
it as glaring and transparent device to ge
possession of the old doting imbecile man
property. stating that the only two 'shelples
orphans who would ever be benefited b,
such instrument he could lay his hands OF
were in court-referring to Messrs. Lea
and Taylor.
court the one, William Leaf, is a little
round bodied, red faced, dull sleepy looking
man of perhaps 60 years. The other, Lewi
brother-in-law to deceased who, with
Guilford, conducted the case for the execu
tors. The first witness called was
W. Young sworn, said he was administrator o1
the estate of Ovid Pinney; the personal estate
amounts to 100000; real estate consists OF
1000 acres of land in Anoka county, 800 acres
in LIE Suerr county, 400 in Benton county, and
300 or 400 lots in this city, worth from 5000 to
$500 piece, There il also property in Polk
Thoro oil
property in railroad stocks, which witness has
not possession of.
]. Il. Perkins sworn, said he knew Ovid
Pinney; knows the family of deceased; Polly
Pinney. in New York. is sister near so years
old. Mrs, Rowelson, of Minneapolis, is "a
years old, the only other surviving sister.
Witness enumerated the descendants of the
sisters of testator. He stated that the
surviving sisters have little
money but the children of the
other sisters are poor; knew Pinney forty
years; was intimately acquainted with him the
last twenty-five years; was man of good
mental ability; smart man twenty-five years
ago; came here in May, 1854; in late years he
weakened in intellect; he appeared to be
breaking down; it was the talk of the family
that he was failing in mind; he had been fail
ing for dozen years before his death. In 1870
and 1871 he was wandering at times; would fall
asleep and wake up forgetting all that he was
talking about; had a habit of dropping asleep
while talking in his chair. Seven OR eight
years ago his sister, Mrs. Rowelson, asked wit
ness to get deceased to 90 and live with her;
he did not know witness at first; made him
self known and told his errand, but deceased
fell asleep while he talking. For year
before the spring of '72 he was getting incom.
petent to transact business; winter and spring
of III and ~ witness considered him utterly
lncom petent to transact business,
Cross-examination-he had failed mentally
6sy irnh bo
told witness that he felt he was breaking up.
Mr.. Cummings was doing business for him;
don't know who attended to his farm or who
collected interest on his Investments; was at
his residence twice in 1872; don't know it to
be fact that Mr.. Pinney superintended his
own business; Mr.. Cummings told witness he
managed Plnney's business in 1878; should not
think Pinney competent even to write con-
tract in 1872; he might perhaps write bank
check; don't think he could draw a mortgage
or deed; don't think he could deal in real es-
tate in 1872; don t know Of his selling land
don't know that he sold piece since 1872; he
might perhaps keep a diary or give evidence in
a court if he did not fall asleep; should not
think bis evidence would be worth much; don't
know who managed his business; think Nc
Balm was his confidential clerk in 1871.
(McBain was the man who forged q check for
S20UO on the old man and got the money! He
had been drawing wills-practicing on them
for the last twenty-five years, but never finished
any; he was eccentric and very mulish and
rather willful, but capable of being infu-
enced; Mrs. Roweson is my mother-in law;
my wife is solo heir to Mrs. Rowelson; don't
Lucretia Buel's children; don't think he
gave penny to any of his sisters grand
children; never heard of his giving Lucretia
land; he bought some with her money; P,nney
once resided with witness; my wife only went
to see him once after he left (sixteen years
ago).
Redirect-Mr. Pinney did not make acquaint-
ance outside of business relations; was not q
social man; saw McBain at Pinney's once; re-
collect the trial of McBain; don't remember
the time; McBain was tried for forgery Of a
check on Pinney; got 80, 900 on the check; Nc
Balm managed his business in 1915 since that
Mr.. Guilford (attorney for Leaf & Taylor)
managed Pinney's affairs; Pinney was not lib
eral or charitable; avariciousness grew on him
with age; he became more miserly every year.
s. w. Farnham sworn stated he knew Pinney
since 1856; knew him in business and socially;
he was PROMPT, energetic business n an when
l first knew him; in 1902 he had failed great
ly, both physically and mentally; in 80 or 20
had conversation with him about establishing
paper; finally he started the paper with MIR.
Bisbee, editor; thought he was failing mental
ly from his conversation at that time; in 1873
he seemed about the same, mentally weak; he
always had some party with him to attend to
his business; don't think he was himself cap
able of transacting business in 1918; be had
not sufficient mental capacity to comprehend
his estate and make disposal of it.
Cross examination.-My relations were cor
could make contracts; he did make contracts
but they were very different in their character
from former contracts, for instance the news
paper contract; don't think he understood
that contract; know he kept some one with
him to travel and transact business; his mind
was not strong enough to know the value of
land; don't know that be could know his rela-
tives at that time; the contract was with BIZ
bee n Universalist preacher.
Mr.. McNair-The contract will be better evil
dence; you will see by it that Pinney signed
away all his property by it.
Cross-examination c0Dtinued.-Think man
ought to have sound mind and memory, q
knowledge of his property, his relations and
some capacity for business; think Pinney was
in bad state of mind; formed this opinion
in '69; would have Ieen willing to receive a
deed from Is him if made by his attorney; called
not know me; then said / nevec owned the
land, he owned it; don't think he could keep a
diary; he might write something he might
call will.
Re-crossed.-Pinney knew we'll witness
owned said property before this time; his
memory seemed to fail him.
The court here adjourned till o'clock.
AFTERNOON SESSION.
In the afternoon the first witness called
was:
T. F. Andrews, sworn, testified to the incom-
potency of testator at the time the will was
made; often came to witness store in 1869 and
1870; would be accompanied by boy; think be
might write out a check in 1872; don't know
that his checks were received at the banks at
that time; have heard that be was director of
the State bank in 1872; could rot write an in
telligent letter at that time; don't think he