The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-12-17
MRS. STONES WILL.
The Contest Case Growing r.
teresting.
SEVERAL WITNESSES TESTIFY TO
HEB UNsOUNDNEss OF MIND.

BOSTON, Dec. lG.-ln the Supreme Court at
Cambridge, yesterday Mrs. Ellen V. Kelsey testi-
fed; Am niece of Mrs. Stone. My husband is q
professor in Hamilton College, and this is the insti
tuition which received an endowment for profess
sorship from my aunts estate Saw aunt after her
tacks at Uncle Pages and in church and she told
she didn't know how it would end. She failed, and 1t
was noticeable by great confusion and los of mem
oTy. When was alone with her and left her neces-
sarily she would say, Nov, come right back, and
she would often follow me- have known her to
tell story over three times day
At the afternoon session, Mrs. Kelsey continued:
My husband is professional educator, but aunt
never talked with about educational iDsritu-
tions. One day she gave me $50 to pay my fare to
certain place, and the next day she wanted tJ givs
me 500 more for the same purpose. Told her she had
already given me $50 for the same object. She
gave me S5, 600 at one time aud SS 600 az another
Built house In Clinton from money given me by
my aunt. Was with her one day when Mr.. Wilcox
called, and started to leave the room. She was ex-
cited, and took hold of my dress and said; "Don't
go; want you to stay here" In speaking Of the
$4,000 put asi ie for her personal use, she saidi
II can do as please With that perhaps you will get
death.
Cross-examined by Mr.. Russell: After unce's
death the SUM OF $50, 900 was given to the college,
with the provision that my husband should be ap-
pointed ofessor. The first year aunt paid his
salary the trustees not having paid the gift to
the college. My family received $4,000 from
Miss Emma c. Brown testified; Live in Maiden.
Was 10 years old when Mrs. Stone came to board at
third epieptic attack in the sitting room. (Symp-
toms described Tho church attack was alluaed to-
and witness corEoboraed other witnesses az to the
appearance of Mrs. Stone. After S76 noticed that
Mrs Stone failed mentally and physically. Noticed
her mental failure from the fact that she would tell
stories and over agin, and would oiteuer COM
mence one story, and before she had got through
With it she would have commenced another Have
heard her say: Il have given so much to Maiden l
sna'n't give any more" She had.ueyer given any
thing to the town that / know of Upon the occa-
sion OF her visit to Wellesley, upon her return /
asked her If she had a pleasant time, and she re-
piled, mo, am tired to death, and wish hadn't
gone.h
She never went out unattended after her hus-
bands DEATH Relative 10 the falls she received,
witness SAID Mrs. Stone told her she didn't know
why she fell The last fall was in the hall en-
carpeted surface. Asked her if she undertook to
step upon the stairs and lost her balance and she
said: "No, think not; don't know how / FELL"
She broke her hip and 1t never healed. This was
about six weeks before her death. She spoke 10 me
OF Wellesley, B0wdoin and Drury Colleges, but
never spoke OF any other. Received at one time
$500 from her to pay doctors bills; at another
time $50, at Christmas; and one time sne called me
TO her room to tie a Decktie and handed me $50.
Cross examined by MIR. Russell: Mrs. Stone spoke
of Stone Hail. Wellesley. with pleasure. Mrs.
Stone spoke OF Fryeburg Academy. and said that
Daniel Webster was at one time receptor there.
When worked in the Methodist Book Concern in
Boston, left home at o'clock In the morning and
returned at O'Clock in the evening. Know hat
Mrs Stone never lett the house unattended because
WAS so informed. Mrs. Stone. was a generous per-
son. Do not know the amount of money which
iohn Holmes Goodnow testified; Was born in
1892 Am brother Of Mrs. Wilcox. Am a law
yer. In 1864 was consul general at Constantinople
and remained there until 1876. Went abroad
again in 1882 and returned last spring From 1876
TO 1882 was in various places. Am gr d1ate of
Bowdoin College, my brother in 1858, and
my cousin. John Goodnow, graduated in 1866. Saw
good deal of my aunt when was in this vicinity.
First went to Maiden in December 1876, and re-
manned there about six weeks. Had a conversation
with MIR. Wilcox about the viii when he was max
ing it, 1t was at luncheon at Young's Hotel He
said he should eventually have control of the prop
erty. Asked him II the nephews and nieces all
shared alike under the will, and he said, "NO Mrs.
Wilcox L, ceives good deal more than the Others"
He then told me VINO the trus tees were. In Dcto-
Der. 1878 called on my aunt, and she said, 'You
know couldn't give so much to my branch of the
family as Mr. Stone could to his - She repeated the
statement. and asked her if she wanted to tell
her what hought OF the provisions of the will,
and che said she did. Fold her ] didn't think it
fair 10 give my sister. Mrs. Wilcox S5000O and
but 5000 to be divided among the others of the
family. She said Il did nothing of the kind, and
if anything of the kild is in the will it is forge
* * Said SAID J. .rheTs Do you mean an, i.2'
vision; if there is. it is forgery"
l afterward saw her again, and we talked over tbs
will, and tol her l DIDN'T why, after giving
Mrs Wilcox $50. 0.0oo she should add another 49,
00O She SAID II know nothing about it's Have
no reason TO doubt that my sister got the $4,000
BY the will got $4,000. and subsequently my
aunt gave me $4,000, and afterward sI1 ,0Uv
Know that Mr.. Wilcox said he making aunt's
will at the same time he told me about IN skiug
had with Mrs. Stone and he said, swell, what an
imputation that is on me." replied, 81 should
think 90, was never 50 surprised in my life" Also
told MIR. Cutler about it. Remember the wedding,
somewhat indistinctly, of my aunt at my fathers
house in 1888. My mother died when was very
young, and Mrs. Stone seemed like mother, and
frequently wrote very motherly letters. She
spoke to me OF her epieptic ATTACKS. After 1876
noticed striking failure OF the memory. The in
trinity of memory decreased as time went on. She
never talked TO me of evaDgelizaiiOn. Never dis
cussed with me her purposes In reference to the
several institutions, nor ever asked my advice.
Have no distinct recollection of her soeaki to
about the $20o0OO. Never asked me about her
WILL but sad she had fixed it and said she had paid
Judge Hoar loo for fixing it. Think it was some
time in 1879 or 1880. She never consulted with
about the conditions imposed in her gift of 500
600 to complete Memorial Hall, Bowdoin College.
College.
Cr6ss-examined by Mr.. Russell: Think was
chosen an overseer of Bowdoin Collegs in 1879.
Mr.. Stone was alive when MIR. Wilcox tcld me that
he was making the will. Didn't go to Mr.. Stone
and complain, because didn't consider it any OF
my business. Didn't know how much had TO be
grateful for at that time. receipt for SIG 900 ia
fall for claims on estate read and was signed
by witness, who said ia 10 a question as to
whether he was satisfied, or whether he complained
Il beg your pardon. sir, | did not complain; the
subject was broached by Mrs. Stone" This COVER
sation was subsequent tothe receipt which signed
Know she gave considerable in addition to
her heirs after legacies had been paid Saw the
will of Mr. Stone at Mr.. Wilcoxs house just after
Mr. Stones funeral. in reference TO a question as
to whether-Mrs. Stone ever advised witness to so
into business, he replied: Remember she told me
rolling stone gathers no moss. This l suppose was
in reference to my migratory habits
Asa K. Brown of Maiden, testified: Am the man
who received 81 5UO from Mrs. .lStoDe with which to
pay of the mortgage on my house, and subsequent
ly $5 900. Am builder. Witness c0rrobofated
others as to Mrs. Stones failure sitter the several
attacks OF illness, and related stories which Mrs
Stone told, in confirmation. One that her
father had decided 70 make farmers of his boys and
had bought farm in Fryeburg and settled down
but that Daniel Webster came there preceptor,
aid as result the boys all turned out to be law
yers and that they were honest men. This she re-
peated to me at least fifty times. Another instance
was where she said she was short and wanted to
borrow $780, l lent her the money and sne went
up stairs. Pretty soon she came down and said:
'AIr. Brown, guess you had better give me your
note for that $500. You may be an honest man
bat had better have your note.'
This morning Asa X. Brown was recalled and tes-
tsd on cross-examination that several Of the rela-
tves of Mrs. Stone lived near that lady while Mr.
Wilcox lived some distance away; he had received
from Mrs. Stone The payment of a mortgage On his
house, 5000 in United States bonds (the latter six
months after the will was made), besides several
small gifts;he declines to say what his claim against
Mrs. Stone was for; his wife had bill for $1,000
on account of entertaining Mrs. stones friends
while they were visiting her, etc.
Charles GreenW 0od of Everett testified that he
was in the real estate aud insurance business ami
was member of the Congregational Church; he
had called at Mrs Stones house to get loan of
money for the Glendale Chapel, but was not al
lowed to see her; referred TO MIR. Wilcox but
that gentleman discouraged he giving, Mr.. Wilcox
him stterward and he said Mrs. Stone declined to
give it; Irather doubted his having asked her. and
finally he admitted he had not, saying that he man
aged and controlled Mrs stones property Just as
he chose. and that he had been travelling through
the South TO hunt up places where it was best to
give her money. as he thought that the preferable
place for giving and also larger Institutions prefsra-
bic
Cross examined: was a clergyman thirty years
ago or more in Revere ana in Plymouth and West
moreland. N. II; my wife had suit once in ceurt
which she won; Mr.. Wilcox got little disconnected
when interviewed him, suppose because l was
so persist mt; was an utter stranger; was once
indicted for arson, but l was not convicted, and
there was not 50 much as the smell Of fire upon my
clothes.
Daniel H. Stone of Brunswick, Me-, testified that
he was eross-cousin of Mr.. Stone; Mrs. Stone once
to him. and this tendency of lapse of memory was
a number of times evidenced received $40, 900 by
the viii, but received any gift; SlOO was
once given him to aid Mrs. Hinckey; when she
gave it she said this is my own private matter and
do not have TO consult with any one about this
Cross-examined: Mrs. Stone last saw my sister
some 20 years ago.
Miss Mary c. Cutler testified to Mrs Stone fail.
ing mentally and physically during the later year.
of her life.
Miss Goodenow was recalled and testified tha;
Mrs. Stone told her she cold at night; witness
advised Mrs. Stone to get an eider-down uilt the
cost OF which would be about SIS but she saio
several times that she ddn't know whether Mr.
Wilcox would want her to get it, as he might con
slider it extravagant; afterwards Mrs Stone said
Mr. Wilcox thought pair of blankets would co as
well.
Tlr IT RIndoatt 0f post.,,, +os.;eol AL.A