The Portland daily press., 1884-12-23
MRS. STONES WILL.
Executor wilcox Continues His Eviden,
in Chief.

Executor wilcox Continues His Evidence
in Chief.
BOSTON, Dec. 22.-The hearing of the Stone will
case was resumed before Mr.. Justice Charles Allen
in the Supreme Judicial Court for Mddlesex in
East Cambridge this morning, the direct evidence
of the Rev. VIM. II. Wilcox, D. D., being continued.
He said that paper presented to him by his coun-
sci, Mr.. t. II. Russell, was one drawn by him and
approved by MIR. 5. e. Sewell, which gave Mrs.
her own use; the opinisn of Mr.. Sewell that
this trust could net be SO changed that the fund
should be increased to $500, 900 in accordance
With the wish Of Mrs. Stone Mr.. III. f. Durant ex-
pressed contrary opinion; Hon. K. r. HOar's ad-
vice Was sought and his opinion that under the
conditions of Mrs. stones will and because of Mrs.
Stones acts this amount could not be taken by
Mrs. Stone unless she had the consent of her
tees; IN accordance with this opinion the trustees
limited the trust to $500 O0O par value OF certain
securities and proceeded to pay the gifts which
Mrs. Stone had designated; Messrs. Page and Cut
Ter made these payments; Mrs. Stone gave direct
ions that these gifts should be forthe npbuiding of
of the Kingdom Of Christ, mainly through Congre-
gational organizations in this rather than in other
lands; Mrs Stone said before her husband died that
she did not know how large his estate was but she
believed it to be about 81 ,000, 900; prior to his
death she expressed no desire concerning the dspos
stion of this property, but soon after witness ad-
vised her to state definitely through what channels
she wished to have her money go; long conversa-
ton ensued, after which she adopted these general
rules; one day witness called at MIRA Stones house,
and she expressed a wish to make another will; he
asked her why and she replied that the bequest
der her former will having been paid it was practi
cally obsolete, and that MIR. Cutler and Mr.. Page
were evidently not ia sympathy with her in her
work. witness objected that such action her part
would give rise to the question as to her competen-
cy to make such instrument that the receipts Of
benehciaries would bar any difficulty that score,
and that on grounds of expediency it would be well
to allow the old will to stand unehanged MrsStOne
said that she had lost confidence somewhat in the
judgment of Mr.. Page because of his action in Sc
curing gift for Fryeburg Academy and in getting
m frfYnhA hP nay nlanfn nf OH uroh oh
she objected to Mr.. Cutler that he was not pro-
fouudy religioussmaD, and that if he had his way.
he would give all ths property to relatives; Mrs
Stone desired witness to draft will for her, but
he positively declined to do So and at her request
he sent for Mr. Durant to her; he next had from
Mrs. Stone the information that she had made an
other will and request that he would accompany
her to the Office of Alpheus Hardy its execution,
he went to Mr.. Hardy's Office with her. (Nlr. Rus
sell read this will, which gives all of Mrs. stones
estate to Dr. Wilcox, in trust, for religious benevo
lent Lei dnoaea snd on ,a,+ to
when Mrs Stone died witness received her will
from MIR. Hardy and offered it for probate in 1888
she said TO witness that she wished he would 60 to
Mr.. Hardy and ascertain the contents of her will;
he complied with her request, and her comment up
on his statement TO her "tbat is all right; he
never had the will in his hands until after Mrs.
stones death; he held the trust fund for Mrs Stone
for about Two months and half, when Mr.. Hardy
was joined with him; he told her to get the advice
Of counsel, and she requested him to ask Mr.. Dur
ant 10 come to her again; witness said to her that
if the was going to Draw up any paper relating
to the disposition of her property he desired to have
no connection with it; Mr. Durant read paper,
which was explained sentence by sentence to Mrs.
Stone; the paper was deed Of trust which devoted
all the property after Mrs. Stones death to the pur
poses of religion charity and education; it reg
ularly executed, and Mr. Hardy and the witness
acted under it until Mrs stones death at the time
had practically been distributed; witnesses only
versation with Mr.. Butler about Mrs. Stones will
was after she had made itafter her husbands death
Mrs. Stone gave him presents (these gifts amount
oQ to SZO.D1DO these Gifts
all additional to salary of $500
per annum, which was paid in advance;
witness does not know of a Goodenow, relative of
Mrs. Stone, who has not received gift; to each
nd.nephew and grandniece Mrs. Stone gave
$4,000, and to the children OF stepson of broth
er, she gave the same amounts; after Mrs. stones
return from Fryeburg in September, 1881, which
place she visited to see Mrs. Spring one of her sis
ers she said to the witness that she desired to give
S2Oe, ,00O more to Mr.. VIM. b. Spring one of her
nephews, because of dissatisfaction at the manner
In which some of her relatives had been treated;
witness expressed the opinion that this cou not be
done, except from her income, ana Mr.. Sewell cor
roborated that opinion; then it suggested that
as the trust fund was but 5000 900 and the securi
ties in which it was were worth $3.50, 900 or S240
600 this should be paid from this surplus this was
agreed upon, and Mr.. Spring was paid 1000 on
Sept. i, 1881, from Mrs. Stones income. and Sl9-
600 on Sept IT; 1881, from this surplus; then
Mrs Stone desired to give So, 900 from the remain
ing surplus to Miss Clara Goodenow, Eniecs, and
th1s also was done Aug. L, 1885, this was Mrs,
Stones last gift; the witness, while he was sole
trustee, was given power of attorney to in ev-
eryhng affecting the trnst for Mrs. Stone, his
possibility being to her alone; acting upon advice
OF counsel, sought by the witness during
her last illness, Mrs. Stone cancelled her
will Of 1875 by tearing from il her signature;
after her attack, of which much has been said,
Mrs Stone never went to church, Mrs. Stones per-
sonal appearance was that of woman younger
than of her years. until within the last year of her
life there was no unsteadiness in her gait and then
only until she had got fairly upon her feet in con-
versation she always displayed strong mental
comprehension OF the subject spoken Of Mrs.
Stones memory up to within the last year or two
of her life was up to above the average of that
OF women of her age but within the last year two
it became unreliable, and she seemed to live more
and more in her childhood. When witness went to
Maiden he induced Mrs. Stone to go out moro
frequently than had been her habit, both riding
and walking; the relations of Mr.. and Mrs. Stone
were very pleasant che held that wife's chief
aim should be to consult her husbands wishes; that
she had no claim upon her husband for money ex.
ceps for what he chose to give her.