Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1881-02-17
COURT OF COMMON Pleas.
Before Judge Patterson.

called number OF witnesses to prove
their allegations that deceased at the time
of making her will was not OF sufficient
capacity Of mind to do SO, and that she
was under undue influence in her act of
disposing of her estate. Mrs. Fanny
Stewart widow of Andrew Stewart a SON of
the deceased, testified that upon one ocea-
sion in 1876 or 1877 she called upon W. S.
Amwcg. and informed him that Mrs
Stehman Zone OF Catherine Stewards
daughters) was desirouS Of visiting her
mother, if she was invited 20 do so. Mr..
Amweg angriiy replied that he did not
want any interference III these matters,
and that Mrs. Stewart while sick was
under the impression that Mr.. StcLman,
her son-in-l law, had threatened to do her
bodily injury.
DR.. s. Ii. Mctzger, who attended Mrs.
Stewart from 1873 to 1879. testified that
as she had paralytic affections some of
them were severe and Frustrated her lnen-
tally during the first "a or 4S hours after
which her mind became clear and bright
While she was thus affected. witness was
satisfied that she was not OF sufficient
strength OF mind to attend to business or
especially to make will. The tendency
OF such attacks of Ofparalysis, Mrs. Stewart
being an aged lady, caused mental impair
NEXT. The last professional visit OF the
witness was on the 2Cth or 23d of Noyem-
Der.
The defense then rested and the plaintiff
opened their rebuttal by first propoundinS
to the court these legal propositions, first,
that it required proof of more than feeble
ness of intellect, short of what might be
deemed idiOcy, to incapacitato the testa-
fNr from m L ~ will tn xyA;l hnr 0pf
afterwards. That every one had by a law
a right to dispose of their property as they
desired to, and were to be considered cap
able of doing so until proven positively
by the contestants to have been
intellectually incapacitated therefrom.
That it was not considered sufficient in
law that person had used impoGtuni-
ties i'll his own behalf to make out 4 charge
of undue influence where 10 coercion or
force had accompanied the solicitation, the
authorities agreein. that it was very diff
ticult to prove what constitutes undue in
f1uencc. That such influence as is intend
ed to void will must be shown to have
been exercised ut the time OF the execution
and not at some remote time, prior thereto;
Lastly, with regard to delusiOns existing
that could tend to estrange the testator's
good will toward his or her relations, it
must be shown that they are not adduced
from mere OutburstS OF passion, or belief
in disrcpectful treatment, but the ant!pa-
thy must be clearly shown to have arisen
from mental distraction.
W. S. Amweg, the plaintiff, was called
to prove his long acquaintance with Mrs.
Stewart. who was his mother in law. Dur
irg all that time, with the exception of il
short time during her most extreme pros
tration from attacks Of cholera norbus,
she was perfectly rational and showed u
greater capacity for business than most
women OF her age. Never in his observa-
ton during her residence with him, did he
notice any irrationality in Mrs. Stewart.
The witness denied that there was any I'M
due influence or coercion used by him or
his family in controlling the acts Of Mrs.
Stewart, especially in the disposition of her
estate.
Other witnesses We're called to show
that during their acquaintance with Mrs.
Stewart she was perfectly rational, al
though towards the las: years of her life
she was physically debilitated, bat up to
the time shortly previous to her deatI, she
had not failed mentally and was
always capable OF making a will
Miss Elizabeth Dorwart, Il sister OF Mrs.
ttCNtlt, ltStilCti, iOt I'll ColloDDId-
tion of that statement, but added that the
deceased in 1871 told her of hayiny made
her will, and that DR.. King and Alderman
Wiley were witnesses to it that she had
left all to Lucinda, as no one else came to
take any notice OF her, and she was not
sure there would be enough to pay her
AID her other debts; that Mr. and Mrs.
Amweg both took great care of her. and
she required considerable attention that
upon one occasion Mr.. Stehman told Mrs.
Stewart that he was so revengeful tow
ards Mr.. Amweg that he could throw
him down stairs: Mrs. Stewart after
wards said that she intended to inform
Mr.. Amweg of this. On trial.
In the case Of G. W. Hughes, VS.. Jacob
Busscr, a judgment was entered in favor
Of the plaintiff for s112.74
Before Judge Livingston.
Ada Brown, nee Ada Taylor, VS.. Levi
X. Brown. administrator Of the estate of
Josiah Brown. deceased, of Fulton town.
ship. This is Il trover and conversion
case to which, the defendants plead
not guilty and statute of limitations
The plaintiffs testimony showed that in
the year 1868, previous to the death of
Josiah Brown, he gave to her, for her own
individual use, six 800 bonds. When the |
estate was being settled the defendant OBJ
tained them from her, as he stated |
that they were to be appraised |
with the other estate. She never
recovered them back again, although she
asked the defendant for them upon several
different occasions. He claimed that they |
were part of the estate and the proceeds
of them were distributed among the heirs.
The defense asked for non suit on
their plea of statute of limitations.
They also claimed that they acted as .
they believed correctly in the administra-
ton of the estate of Josiah Brown. The
argument on the motion for q non suit had |
not been concluded when court adjourned.
Slight Fire.
Last night about half-past ii o'clock a
ire was discovered in the store-room No.
lG7 North Queen street, belongin: to
llirsh Brothers and occupied by Mr.. NJ.
Conn, tobacco packer, as q business office,
md Mr.. Jefferson Rutlcdgc as q cigar
store. The fire was disco, cred by John
Showers, night Waterman, who at once
'aised an alarm, kicked i'm the front door.
md with the aid of few men who hur
led to the scene succeeded in extinguish.
nS the flames, which had not gained much
leadway.
The fire was caused by a very hot stove
placed in an open space in a temporary
wooden partition. dividing the stove room
nto two parts. The open space in the
wood extends only few inches above the
tove and is closed by the insertion there
n of q piece Of sheet iron cut out so as to
it closely around the stove. The fire in !
he stove heated the sheet iron to 4 red
eat and the sheet iron set fire to the '
;ooden partition to which it was nailed.
lad the fire gained q little more headway 5