Daily Republican., 1882-05-22
raE CONTESTED WILL.
,,,yGs SATURDAY AT.
rpoCtt TIE TESTIMONY
Ih" ALL IN.

ps' me COntesteu WIN
nda Of OF Wv u few s spectators present, an
verevsI' presented a deserted appeal
the room %tp indges and Jury seemed a
spce tha .ha,, as well as the reporter
though ,noy, ,nnooyC,srned, would be glad whe
and al. al WA wa. euded. AS the afternoo
tho case W." [sw more spectators came l
wore i ~ Mr.. Higgins continued ns,iiai nls nas
and a. .rnment, m,, and drew a reallstl
rrIy - ~ Il The old man as he lay SICK
picture end ID partially paralyzed, it al
bind AZ" ,add like listening toa funera
n.a .a'H, s''" And thus the afternoon pass
s,DTijj y s,tij the bell on the Court Hoas' rs
aNl,'ni .,'ii"g No, the hour Of six, when to tn
Vs. mtn W II tbe Judge declared th'
l~r t adjourned until 10 O'CLOCK Uni
nGIpllns cose ia exciting considerable
aston, NInr il may prove of interest II
pfls.s native Of Ireland, came to thi!
",r, pvIau' a number OF years ago, ant
eounI. @l. H.ine married settled down il
ssss,;sra sat T hundred, He was a stone
.aiI', ilao by trade, and by his industry
nsyr anf yi,urali,y succeeded in saving som'
ANU auu m' 'Sbich he invested in real estate
~ inVIYs .Ss ufghborhoOd. About five years
~ NJ III hi. W wife vas taken SICK with in.
a. sssu,tior If, on the lungs and died, and
laA' ,;ma after her death he received
sn svDiS iSury which resulted in total blind
nu na.' ~ Il he ther went to reside with bis
ll;'",s,;r.aw l's', Mrs Margeret Doran,
',I@ mhs,a he remained until his death.
T.om % ,h4 e,timOmy of some OF the wit
r.,s., r. /, seems as though after the
word u wa, shut off from him through
,i' %. aaIiclion. his mind dwelt almost
constantly upon his deceased wife, and
Mbpcsnle subject to spells of meian-
sSSy As hecould not read nor write,
haye Daniel Muherin a power OF
,tTruey to collect his rents, and trans
M such other business for him as
ui:ht be Necessary.
IL had been falling in health tor
pnetimr, aud ia the latter part of
Anil lS-l, he was unable 10 leave his
hi and the family physician, DIR.
Jusph Chandler, was sent tor and pre-
rtbed for him. The doctor visited
him again in two days and found that
bswss sinking, and when he went
down stairs he remarked to the sister,
i,Isw Mrs. Doran that Michael was a
very sick man. That lady requested
tephysiCian to urge him to make his
will, which he promised to do on his
next visit. Accordingly when he
called again he mentioned the subject
ptle sick man and he promised to
haye it attended to. On Tuesday,
April 9y.t, Michael sent his nephew
John Dorm alter Daniel Mulhefin, who
resides in this city, to come out and
draw up his will. The nephew pro-
posed getting a lawyer, but Michael
objected, and said that Mulherin
would do ii cheaper. In answer to the
SIMMONS Mulherin went to the house,
and after spending some time in the
non with the sick man, came down
stairs and said that it was Impossible
pnske out the will, as he did not
hw who to give his property TO.
Mmlnute he said one thing and the |
At something else.
Hs continued to grow worse until !
aNMay, May 3rd, when it is stated |
gsVeral witnesses he had lost the
Ns OF speech On that morning,
AEs DOran, niece who had nursed |
mall through his illness became
ifled, and persuaded her brother to
sango for Daniel Mulherin, and have
MSlIl urawn up. John came in to
aaAerln's place of business, and told
Mn what was wanted. Daniel said
We had no one to attend his bar
sllg bis absence, when John volun-
@'a s 10 attend TO the business, i'll
w Dae't would 90 cut and draw up the
VII llls was about ten o'clock in the
lale'lg, and Mulherin did not return
-4eVelng, when in answer 20 Johns
yYIiy Il he had made the will he re-
r. mat he had, and handed it to
,s.a 's he opened it and was greatly
.lp1l'td When he read "Item | give
%ssa'l and devise, to my beloved
EeV John Doran and Daniel Mul.
y. al my real and personal estate"
y .,sksd Daniel how that was, and he !
~ I'qa' vas tho only way he could
NJ ,MN to suit the old man, and he
N s~0 'faAsier his share of the estate to {
| ! ;,1l 5l Z testified that he said "If you /
sig ssg ,i5 lliat, 1t will be all right" but e
Ss ~y' 0ldn't do it, although John fre- l.
~! asked him to. There were be- a
N, S4t nephew, three nieces Mrs. y
y Toner, and Agness and Rose
r' 'a' MIS-. Toner was cut off with h
ss'IIyIAlhg and Agness who had at. "
NV W. ana rursed the old man both Ii
,iNnD HAu u uurlng his illness, received
", n,'"T1'UArfeIed gun, q watch and bu.
st,, n A0Se was allowed one half the
ha aVI' ,Dl VI 'he houses as long as she "
n ajnha aIn W a' her death it was to revert
NM pVgan and Daniel Mulherin. -,
hi %mi.! ai'V a.so named as the xecutors n
M tIs Il.IllS'fators. uM Joseph StoeckIe !,
M ,b,, ,vuer witness to the will testi. H.
Ahs 4G, si waen Michael made his mark ~ "
Nd IN fiusIu1e u Nli on the will, he was -
kj tFs Y III a OeO, AMI Daniel Mulherin
lcbasII,pl ,pIn and made the mark, while Jt
bsmr ~ 1and only rested on the up. 1e
I,a,s N%s =. ol it. These witnesses also +
sat ~S;, ,uai tlety did not hear Michael IL
NY did HI',e u .ney were in the room, and di
esk ho' believe that he could al
,tsaGiss.e aSs e'her ne hand DR.. Chandler, the u,
Ndtd dSS x. physician, testified that he tv
Ny yop vh;nh T aIali In the evening OF the til
ltN NJ viI, Talch the will was made and la
s,sd ,aid si,1 MIN MIN about it, and tho de-. Of
AdSna'in,, 'l"t he was satisfied with st
lnpeiy Y'''loh S that he had made of his I"
W. seso,a such are the facts of tho
sauyss, s,'uitng ut to the testimony, ana the
MI, sa,ne, MI VINO have been left out in the
be plonsr,ni'y feeling agrieved to see ~ ~.
talpsr biW pass into the hands of III
10 Nj "uaVs lave brought this suit to have |,
aas tiws v,siI,hrown ! on the ground that
lad souoa o " 4! was drawn Doran was
tallerh1 1Iu h.. .alsposing mind, and that
'a, umn " brought undue influence to
asis lva n IN, Inc deceased to cause him to to
.i,asss, viii WI in his favor. Besides the W 81
los WIN VINO knew the deceased. and 20
!aaep MI IL. were wei with him until his r,
o. dc con,S me Sth Of May, the attorney -
ed wss. ssSu'eslants called Drs. Bush
,aisr Ss,'n,, , as medical experts. who eli
% man, the evidence describing w
ae, sdoiosy S symptoms, stated that in
ss'eailg or of tha ne was suffering from
Aat@nsnV - tae brain, or congestion If