The Portland daily press., 1884-12-29
MRS. STONES WILL.
After a Fifteen Days Trial the
Case is Given to the Jury.
THEY DISAGREE ON THE QUEs-
TI0N WHETHER OR NO THERE
WAS UNDUE INFLUENCE USED.

BosToN, Dec. 27.-In the Stone will case in the
Supreme Court at East Cambridge, yesterday, ex-
Gov. CASTOR occupied the forenoon in completing
his argument. Ia the afternoon, Mr.. Justice Allen
delivered his charge to the jury. He occupied an
hour in its delivery and many, if not ALL the lead
ing points which were of Importance were carefully
prepared, and read from manuscript. He opened
by stating that he should carefully avoid giving
any expression of his own feeling in the case. He
said the real amount at issue was undetermined
but this was not for the jury to consider. He in
formed the jury that the contestants had perfect
right to contest the will under the law and the
fact that they received large sums of money from
Mrs. Stone during her lifetime made no difference
in reference to their right to contest. Whether the
will was reasonable or unreasonable in it's provi.
sions was of no Importance, the only question be-
ing, Was the testatriX of sound and disposing mind
when she executed the will? There were no other
papers to be considered in the except the will
and its sodicis, and there was no question raised
relative to any of the trust papers or gifts which
had been referred to. There were but three aues-
tions to be considered First Was the will legally
executed? Second. Was Mrs. Stone of sound and
disposiOg mind? and third, Was there undue in
fuenees His Honor said the burden of the proof
as to the condition of the mind of the testatrix
rested with the executor; Inc jury might consider
will, and also Mrs. Stones mind relative to her ex-
pressous about disposing of her property during
her life time. Her age. habits, infrmties, express
sions conversations ETC.. were fit subjects for CON
sideration, which had been shown IN evidence
Soundness of mind in making will required that
the person knew of having the property, and knew
how it was disposed of by will. Did the testatrix
have the capacity to retain in her mind for any
length of time all the facts bering on the willing Of
her property? If so the question must be answered
In the affirmative. The legal phases bearing On
the will considered. and the fact stated that
If DIR. Wilcox failed to carry out its provisions
then IL would he in the province of the sttornay
general to interfere. The provision in the will
which exempted the executor from giving bond was
I,-1-
require bonds anyway The law relative to the
distribution of the property by DIR. Wilcox was ex-
piained. 1t was for the contestants to prove that
DIR. Wilcox exercised undue influence.
On the question of undue influence Judge Allen
was very explicit. When, be said, two parties oc-
cupy the relations of MIR. Wilcox and Mrs Stone to
each other the law guards most eaously the use of
any undue influence by the one who stands in the
posit on of adviser. He must act with the utmost
fairness, and his advice must be of the most dis
interested kind. The different ways in which un-
due influence might be exercised we're then enume-
rated, among them being the overcoming of weak
will by stronger one. In closing Jadge Allen
said tSat II such undue influence had been shown
by the evidence, the will must be set aside. He
said the jury must not be Influenced by any per-
eonal feeling in the matter by any sympathy for
any Of the parties to the action, but they nd
verdict in accordance with the facts presented
In evidence and according to their best Judgment.
The charge was nearly an hour in length and was
most fair and impartial statement of the law
covering the case. 1t was thought, however, that
on the question of undue influence the charge was
decidedly favorable to the contestants, while still
being just Interpretation of the law. The jury
retired at o'clock and at O'Clock the court took
| recess until O'Clock this morning.
At 9.15 the jury came in. The foreman an
nounced that they had agreed the first two
questions, but were undecided to the third and
desired instructions as to what constituted undue
| influence. This was given, and the jury retired.
coming in at 1850 and reporting that they were
unable to agree as to whether or not undue in
| fuence was used by William II. Wilcox upon Vale
| ria G. Stone as to her will That the will wal
| properly executed and that Mrs. Stone was of
sound mind the Jury answered yea. The court ther
adjourned without day. The jury stood six to sil
az to the question of IN lue influence.