The Portland daily press., 1884-12-25
MRS. STONES WILL.
Testimony on Both Sides All In.
ARGUMENT OF COUNSEL FOR CON-
TEsTANTs.

BOSTON, Dec. 24.-At the afternoon session
of the court in East Cambridge yesterday, DIR.
Wilcox concluded his testimony by stating
that he had no recollection of having told
HenrylC. Goodenow that he didn't see Mrs.
Stones will until after her death.
In rebuttal, Mrs. Ames testified to hearing
Mrs. Stone speaking about the elder dswn
quilt, and that Mrs. Stone told her that "thsy"
thought it was too expensive.
Hon. Henry G. Goodenew of Bangor, Me-,
testified: Am brother of Mrs. Wilcox. Was
at Mrs. Stones funeral, and stopped with DR..
Wilcox. Had conversation with Mr.. Will
cox on the evening of the funeral of Mrs.
Stone about Mrs. Stones new will. He told
me he did not know of the provision of my
aunt's will until after her death, and that he
had since procured copy of Mr.. FL. Alpheus
Hardy He said nothing about having had
the will read to him by Mr.. Hardy. / had
letter in June, 1879, from MIR. Wilcox, stating
that will had been made.
Cross-examined by Mr.. Castor: saw my
aunt several times after the letter was re-
ceived. At the time OF the conversation with
Mr., Wilcox l took notes of the conversation,
for the reason that thought it might be need
ed at some time. did it because desired to
have truth and Justice done. 1t was not that
might get the money.
mr.. Culer, recalled: Alter MT. stones
death, Mr.. Wilcox did not tell me that in 1878
Mrs. Stone had paid him $500 as salary for a
year in advance. / drew portion of the
paper OF date of Sept. 27 1878, and Mr.. Will
cox drew the rest. The amount to be re-
served for Mrs. Stone in the portion which
wrote was left blank, but we had q talk about
the amount, and fixed the sum at $500, 600.
knew nothing Of the Wilcox-Hsrdy trust
paper, and in 1881, when Mrs. Stone desired
to make payment to Mr.. Spring, went to
Mr.. Sewell to see If it could be done, and he
said: "That outrageous paper that they got
the old lady to sign cuts her entirely off from
disposing of her property" The form of re-
ceipt in full taken from the heirs was drawn
by Mr.. Wilcox. Mr.. Sewell drew one for us,
but Mr.. Wilcox objected to it.
At 3 05 o'clock the evidence was completed,
and five minutes later Mr.. Morse commenced
his argument for the contestants. He first
thank ed the jury for their close attention dur
ing the trial. In taking up the evidence in
the case, Mr.. Morse first spoke of the will pre-
sentad by Mr.. Wilcox for probate Immediately
after Mrs. Stones death, and that every kin of
Mrs. Stone Immediately, except Mrs. Wilcox,
exclaimed: "This is not the will of Mrs.
Stone. She may have written it and signed
it, but it was wrung from her without her
knowing its contents" The questions for the
jury to decide were: First, as to the mat
ter of the formal execution of the will by Mrs.
Stone; second, was she of sound mind? and
third, was there undue influence? There is no
question raised as to the disposition OF the
money under the executors, or the trust deed
Of Sept. 27, 1878. but of the 100000 which was
in full charge of Mr.. Wilcox and Mr.. Hardy.
The various phases of the law regulating will
cases were explained to the jury.
This forenoon Mr.. Morse continued his ar
gument for the contestants. He made scath-
ing review Of the relations of Mr.. Wilcox to
Mrs. Stone, and dwelt at length on the amount
received by him and his family in comparison
with that received by the individual heirs. He
also reviewed the testimony in regard to the
uDsoundness of the textratrix's mind, and
argued that the testimong of these witnesses
for the executor, who only saw Mrs. Stone at
long intervals, was unreliable in the extreme.
The medical testimony was referred to as
proving that Mrs. Stone was mentally incapac-
itated from disposing inteligently of large
amounts OF property. In speaking of Mr.. Will
cox's manner Of accounting to Mrs Stone for
the expenditures of her money, Mr.. Morse
claimed that his manner of so doing was con-
elusive proof of the fact that he considered her
incompetent to comprehend the business tran
sactions. The question of undue influence was
discussed. and the contrast drawn between the
active, aggressive and domneering mind of
DR., Wilcox and the feeble and wavering intel
iect OF Mrs. Stone ia her latter years.
AT the adjournment o. the court at D. M
Mr. Morse argument was not concluded.