The Portland daily press., 1884-12-09
MRS. STONES WILL.
Contest Over the instrument il
the Massachusetts, Courts.
UNsOUNDNEss OF MIND AND uN
DUE INFLUENCE AELEGED.

BosToN Dec. s.-Ths Supreme Judicial Court
came in at East Cambridge this morning, Judge
Charles Allen on the bench. The first case called
for trial was that of Wilcox executor under the will
OF Valerie G. Stone of Maiden vs.. Spring ct ais.
heirs at law of mrs. Stone. The action is brought
under an appeal from the decision of Judge Brooks
Of the Probate Court, before whom the viii was
presented for prob7te IN May last and who allowed
me me VII. Inc VIII IN question is dated May, TO-
70 -, ana appoints Rev. William II. Wilcox as ex-
ecutor. 1t gives $4,000 to Daniel s. Page of NAL
den and states that since the making of previous
Will in 1876 the testatTix has provided for fer rela
tVes IN such manner as she sae fit Tho remainder
OF the property ia thea given to Mr.. Wilcox sin
trust to be by him bestowed at such time and in
such amounts as he may think best in aid of such
educational benevolent charitable causes insti-
tutons or objects as he may think worthy of assist
ance, All TO be paid within two years after my de-
cease: BY subsequent codieils, the bequest to Mr.
Page is revoked ana the executor given three years
TO dispose OF the property. Mrs. Stone died in Jan
na 1854 leaving property estimated at over ST.
100000 the disposal of which is now in dispute
Inc contestants are Sally Spring of Fryeburg Me-
John ii. Goodenow Of Boston, Henry g. Goodenow
OF Bangor, Me-, Fannie G. Smith of Old Point Com
frt, Va Sarah Rust of Boston, John Goodeuow of
Baltimore, Nd, Nathan G. Goodenow OF Farminr-
ton, Me, Helen V. Kelsey of Cliuton. N Y, and
Clara A. Goodenow of Maiden. The grounds OF con-
test are that the instrument purpcrting 10 be- the
will of Valeria g. Stone was not duly executed by
her according to law; that the codicils attached
thereto were not duly executed; that Mrs. Stone
was not OF sound mind at the time of executing the
VIII; that she was induced to execute theinsrument
purPortlng to be her last will and testament by the
undue influence, procurement and fraud of William
ii. wilcox; that she made the co icils under the
same I'M lence, and that the instrument purporing
to be her last will and testament and the instrument
purportng to be the codcils thereto were after
wards revoked and annulled by her. Messrs Gas
ton and Russell appeared for the executor and
Messrs: Morse and Benton for the contestants Mr.
Russell opened for the executor in lengthy rev W
OF Mr. and Mrs. stones intentions in regard to the
disposal of their property, and more particulariy
the intentions of the latter in regard to providing
for hers and her husbands relatives; MIR st ne he
ssld, begtn MS life as an errand boy in Ihomaston
ME- he came TO Boston later In his life and estab-
Iished hlmself in the cry goods business in which
ne was very successful aud in the after part OF his
ne relred 70 i've on incomes he died in 1875 at
ne age OF oo years. leaving property valued at over
$z,lVV.uOV. IN making his will, in 1876, Mr..
stone, who distrusted Law yers, csllei in the Rev.
Mr.. WILCOX 10 assist him in making the will: Mr.
Wilcox was Congregationalist minister in Read
ing, Mass and the reatons between the two fam
lies had been most intimate; Mr.. Wilcox made sew
erai drafts OF the will before one was made which
was satisfactory to the testator this last craft
Was submitted to lawyer to if the formal parts
were correct the will was execute Dec. II, 1876,
ana Mrs stones hrst will was made at the same
time, both wills making similar provisions for the
relatives of both parties; fter Mr. stones death his
widow, being then 70 years of age and feeling the
neen of advice, called Rev. Mr.. Wilcox to be her
adviser, agreeing to give him the same salary as he
was receiving i he would come to Maiden to live.
Under her husbands VIII, after the relatives were
provided tor, the property was left to her to
dispose Of as she thought fit; as
her her :, husband had provided, in case Of her
death before bis own, that the property
should 60 for charitable purposes she deemed it
best to pursue the same course with her own prop
eTty the bulk of the egacies to the relatives was
paid within six or eight months, and the first ac-
count of tbs executors was duly rendered the ex-
ecutors beng Daniel S. Page. Isaac NJ. Cutler and
Mr. wilcox; her will was made in pursuance of the
desire to bestoW property charitably after suitably
providing for her relatives; this latter provision she
made mad, IN gifts before her death; in aseertaning
what institutions were worthy of receiving charits-
BILE assistance, Mr. Wilcox travelled through ths
West and South and submitted to Mrs. Stone list
OF institutions he deemed suitable to endoW Mr..
Wilcox receives no benefit from this will and pre-
sents 1t for probate after Mrs Stones DEATH this
will is objected to on the grounds named in the
contestants complaint, aud it is the reliability of
this will that ia TO be tried before this jury.
MIR. Alpheus Hardy of Boston was called as he
first witness and testified TO the signing by Mrs
Stone OF her will Ia his presence in his oice she
appeared to be Of sound mind at the time; he also
testified to the signatures the codeis and that
she appeared to be of soEnd mind at those times
aso the witnesses to both viii and codicils signed
in her presence and the presence of each other On
oross-examination, the witness testified that Phil
| lips Exeter Academy and the Audover Theological
| Seminary received $4,000 and the Young MEMS
Christian Association $4,000 of the money discussed
| by Mrs Stone; there had also been SI5 900 dis
tributed for evangelical purposes in France; think
these were not mae previous to the signing of Mrs
Stones will in 1879; the money was pledged by
DIR. wilcox, but L cannot tell whether it was
pledged before the signing of the will or mott did
/ not know DR.. Wilcox until some months a ter Mr.
Stones death; hal nothing to do with the disribu-
| tion Of the propert; il is my impression that the
money for distribution in France was given after
| May 10, 1879; DR.. Wilcox Interested in this
first matter by the llk of French missionary who
came TO this eountf! to solicit contributions for the
| Protestant Evangelical Missions; was trustee of
Amherst C)llege for 30 years, but was not at this
| time; knew only Of the gift to the college by
| hearsay.
| AT this point, by request, Mr.. Russell read the
amount of the gifts made to American colleges aud
institutions by the trustees who had in charge the
distribution of theproperty left to Mrs Stone, and
| by her wish distributed by them. The amounts
| aggregated 81 ,065 292.
| The cross-exarainationw was then continued the
/ witness testifying that he did know just the
| Wilcox; thinkhe first u troducsd Mrs Stone to
| me at thu time Of making the will. He testified
further TO the circumstances OF the sgDing Of the
will, and at o'clock the Court took its noon re-
cess,