Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1888-03-02
TEaE COURT WECORD.
Superior Court Civil Side - Judg
Eamm

Fem.
The hearing on the Munson will case was
resumed yesterday and there was more testi-
mony as to the question of competency or
incompetency of the late Mrs. Mary Ann
Munson to make a will. Sylvanus Butler,
one of the distributors of the property left
by DR.. Munson, husband of the maker of
the will, testified to the fact and to the fall in
the values of real estate in New Haven in
1875 and 1876.
Griswold l. Gilbert, another one of the
distributors, said that he didn't know that
he was one of the distributors before. He
bad been familiar with the values of real es-
tate in New Haven for several years, and
since 1880 property in the vicinity of the
Munson homestead on Elm street had risen
Q per cent.
The deposition of Mrs Abigail Hitler of
this city was then read by Mr.. Baldwin. The
deponent had noticed Mrs Munson under the
influence of liquor. She saw great deal of
her and knew her intimately. Mrs. Munson
very often complained to Mrs. Hitler of Judge
L. B. Morris treatment of her.
William A. Ford, the druggist, testified
that he was a clerk in Olmstead's drug store
from 1860 up to 1889, and said that he knew
Mary Ann Munson and was ordered by Mr..
Olmstead never to sell the old lady any
liquors.
Charles G. Munson in the trial before the
Probate court was opposed to the probating
of the will, but since that time he has Joined
forces with Frank in sustaining the docu-
ment. Yesterday he testified that his mother,
after his fathers death, gave him some Con-
necticut River bank stock and also come rail
road stock. Frank, he said, also got some
stock. When questioned by Mr.. Baldwin as
L, l.. I,
his brother Frank concerning the stock the
witness said he made such an arrangement
He was to try his persuasive powers on the
old lady and try and get her to unload her
stock. If he didn't succeed then Frank was
to try his hand, and if successful was to
divide what he got with witness. Mr.. Munson
testified that Frank succeeded where he had
failed and the stock was divided. He said
that this same arrangement was pursued
in getting the old lady to release a $1,000
mortgage. He testified that Frank and him
self had made an arrangement whereby either
Frank or himself was to be present every
time the old man, Charles Munson, came to
visit the old lady. This, he explained, was
to prevent the old man from inducing the
old lady to indorse any OF his notes. Mr..
Baldwin brought out the fact that Mrs. Mum
son had bank book with $400 credited on it
and that as far as this witness knew it had
disappeared. DR.. Alfred P. Munson was re-
called and in response to questions put by
Mr.. Baldwin he said there never hid been
any talk about putting his mother in an in
sane asylum, but there had been talk about
putting her in an inebriate asylum. His
father had consented to this. All the mem
bers of the family were agreed that the only
thing to do was to have a conservatoI APP
pointed.
The plaintiffs rested their case at this point
and the defense prepared to put in evidence
in rebuttal.
Dr. Russell was the first to take the stand
He visited Mary Ann Munson several times
during her last illness. He saw her sixteen
or seventeen times the last week of her life.
He thought she was competent to make will
or transact any business.
John G. Hollister, who drew the will up,
was of the same opinion. He noticed no
signs of liquor on her when she came to his
Office.
Miss Charlotte Barber, who used to make
Mrs. Mary Ann Munson's dresses for her,
said that she had made three Or four dresses
for her q year and had seen her several times
and had not noticed any lack of mental
capacity.
Ex-JudRe Luzon B. Morris was the last wit
ness put on the stand yesterday. He testi-
fed as to being appointed administrator on
the estate and that Charles and Frank came
to his Office to talk about having censerva-
tor over their mother. Frank and Charles
opposed such course and Alfred favored IL.
He said: "My suggestion that the liquor be
kept locked up and that Mrs. Munson be
given small allowance daily was followed
and all of the members of the family told me
that Mrs. Munson's habits improved mater
tally. At the time of her death she drank
but small allowance of liquor daily. While
acting as administrator appointed Frank as
agent to collect rents due the estate. Iseleet-
ed Frank because he was the most competent
of the brothers to attend to that business.
While Frank was sick in the South Alfred
Munson collected the rents, but he was unable
to attend to the business and resigned.
then reappointed Frank who performed the
duties most satisfactorily. From the pro-
ceeds of the estate was obliged to pay
about $26, 900 on notes that DR.. Murson had
endorsed for his brother"
Judge Morris said he had seen Mrs. Mum
son and held conversation with her over a
hundred times but had never noticed any
signs of intoxication. He believed her to be
perfectly competent woman and as sound
mentally as ordinary women of her age.
Court adjourned to ten O'Clock this morn