The daily gazette., 1882-05-22
MICHAEL DORAN's WILL.
The Argument In the Case Commenced
Saturday AfternOon-The Redden Case.

Saturday AfternOon-The Redden Case.
In the Doran will case the evidence had
all been introduced when the Superior
Court took the noon recess on Saturday
Before the argument was in the afternoon
commenced, Mr.. Higgins for the contest
ants, and Mr.. Lore for the will, differed as
to whether the burden of proof was with the
contestants or with those for the will. The
court decided In favor of Mr.. Lore.
Mr.. Emmons then at 800 o'clock COM
menced his argument. He quoted the fol-
lowing law points:
1. That 1t is sufficient for the. testator to
know what he is about in order to make
valid will.
2. That undue influence is such as he is
too weak to resist.
Mr.. Higgins then commenced to speak,
and prefaeed his argument by asking the in
structions of the Court upon the following
points, upon which the contestants rely
/. That the proof is upon the executor TO
show that Doran was mentally capable of
making Will.
q That such capacity must enable him TO
form tcstamentary intentions.
B. With sufficient power to communicate
these intentions to Mulhcrin.
4. That there was undue influence (if the
witnesses are to be believed) sufficient In
law 10 set aside the will.
8. That II was fact that the testator was
blind, speechess and feeble to the last
degree, with his mental capacity profoundly
impaired, unable to read or write, and that
Mulheriu, who drew the will, was the at
torney and agent of the deceased, left half
the property TO himself. Mr.. Higgins closed
his address to the court at 40 and opened
to the jury for the contestants and argued
that Michael Doran was not of sound and
dlsposing memory; that Daniel Mulherin
took advantage Of the deceased's mental
and physical weakness, and that he fraud
uently and intentionally influenced Doran
to make will which was not an expression
of his own intentions; that the testator, suffer
ing from disease affecting his brain was,
under those circumstances, unable to eX-
press his ideas, even If he had any. The
opinions of Drs. Bush and Wales was to the
effect that Doran was entirely unable to
know what he was about.
Reviewing Mr.. Toys testimony the counsel
said (: michael Doran was of weak mind
and health, unable to speak or see, so para
lived that he was entirely unable to recognize
those who were dear to him, and yet Daniel
Mulherin claims that he Ooran) was of
sufficient mind 10 create a good will" With
biting sarcasm he said The sicker,
weaker and more speechlcss Doran became
the more able he was to make a will he
could not designate his heirs on the first day
of Mulherin's visit; on the second day
Mulherin made Mulherin the deyisce and
received one half of the property while
she who had nursed, cared for and protected
| him, received u cheap watch, bureau and
duublc-arrcl gun. Double-barreled gun
for whom3 Why, n woman" Joseph
Stoeckle, in his testimony told you, gentle
men of the jury, that he was unable to speak
and 50 say all witnesses but DIR. Chandler.
| You are not trying whether this is Michael
| Dorans will but whether it is Daniel
| Muherin's. 1t is not to be presumed that
Doran would take his property away from
his heirs and give 1t to strangers without
just cause and no cause is shown why his
heirs should not have it,
Here the court interfered and
adjourned until 10 O'Clock to-day. The
drawing of the jury in the Redden rape
case will hardly take place before 12 o'clock
and perhaps not until after dinner.