The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-12-10
MRS. STONES WILL.

Further Proceedings in the COnfesi-Open-
ing ArguEGent for Appellants.
BosToE, Dec. 9.-The Stone will case was
continued yesterday afternoon and today in
the Supreme Court at East Cambridge before
Judge Allen aud the cross examination of Mr..
Alpheus Hardy was completed. Several wit
nesses to the will also testified to the fact of
signing it.
Mr., Burton opened the casa for the appellants
The real purpose and object of this trial he said is
10 ascertain if the paper presented here is the last
will OF V>leria q. Stone. Standing alone, without
any evidence, 1t is nothing out piece of paper and
even the Witnesses signatures and testmon are
only evidence OF its truthfuness. In bringing the
case before this court, several questions fra-
ed upon which the jury had to pass. The first of
these isdld Mrs Stone sign the will and the codi-
cils. This proven or dispr0ven, the questions
-did Mrs. Stone when she signed the will make the
intent of the will her own2 Did she know " hat she
was doing? Was she of sound mind? Was she un-
duly influenced? No arbitrary limit can be fixed by
law at Vhch person is too old to make a will ana
therefore the law says that old age ia itself shall
not affect persons testamen1ary capacity Mrs
stons was ~ years Of age. but it by means fol-
lows that she was too old to make will. Was she
Of unsound mind? person of uusound mind doss
not necessarily mean a crazy person. The test is
whether he mind is competent and capable at that
time TO 90 the thing 1t Is sid to have done. No in
fallibe rule can te adopted in these cases per
son may be c mpetent TO dispose of a small amount
of property but ireiy incapable of iisposipg ii
large amount They may be competent 10 dispose
Of property acting alone but may be go Influenced
by another and stronger hat the others influence
is paramount. and not the persons own mind So
the aw provides safeguards against the use OF un-
due influence; obtain influences over :. person one
must stand 10 confidential relations to them. We
clsim, not that Mrs. Stove incapable of making
this will by reason of old age, not that
ste unjust TO her relatives but that her natural
capacity and power were so far under the influence
| Of Mr.. Wilcox that his mind and not hers
dictated the will. Mrs. Stone lived 40
| far under the influence of her husband, a
4 rf Il Il
| cal y she had mental csp,eiIy of her own for
business matters. Mr.. Burton then gave in detail
the portion OF Mrs. Stones life for ten years previ
| Gus TO her decease We shall show he sail. her in
| creaslg weakness and feeoeness and, at the time
of her making her will, her tolaF iucapacty so to
| do At the time of Mr.. Stones death In 1878 Mr..
Wilcox appears on the scene and fndi, g an old and
| feeble woman OF deeply religious n4sure and be-
| liesiag nan with Rev before bis name 10 be little
less thai Gods messenger earth himself to
| " rk to influence her TO his own advantage. Mr.
Stone had appointed executors to his Will Messrs
Page and Cutler, two of bis old and trusted busi-
ness associates, and with hem Mr.. Wilcox The
two former, ia attempting discuss business at ii
with Mis- stone, find that she is incapable of talk
ing adyisng intrlligently about them 1t is then
thas Mr. Wilcox OBJ aims complete influence over her
and rises from his 0bscurity as country parsun,
and suddenly becomes the aim lner of hun-
dreds Of thousands Of dolars-tne distribu-
| tor Of this vast estate. MIR. Burton then took up
the action Of the parties at these times and said he
should prove that it not Mrs. Stone but Mr.
| wilcox that was lnstrnnental IN making both ills
and codicils. 10 1880. he contiBaed Mr.. Stone ex-
ecutes deed of trust vestng the property Messrs
| Hardy ana Wilcox. who disposed OF it abso utely
| as the latter might see fit. This would give the
property to him for disposal the same as under the
will in ease the latter should not be allowed Thar
still later than this comes the paper giving Will
cox the power to distribute this money In her life
4 time reserying 10 herself only the proviso that
tbs institutions benefited should pay her the in
come the gifts during her lifetime, SO that at the
| time OF her death she had not money enough left
| vested in hereelf TO pay for her shroud.
At the conclusion Of Mr., Burton's opening the
| court adjourned.