Daily Republican., 1890-02-14
A CELEBRATED CASE.
JOHN FERRy's WILL BEING
coNTEsTEu.
Was Hc In = Prcper Dispo Ing Mind
When He Executed HIS Last WIN
and rsstamsntY--Th Quss-
iion to be Settled by
AJury.

Wien court resumed at $50 O'Clock
yesterday afternoon, the jury In the Stew
art case was still out. Chief Justice
Comegys and Associate Judge Houston
WAS on the bench, and the case of J James
Ferry, W James w. McCi0skey, admin
istrator OF Mary Ann Ferry, deceased,
WAS taken up for trial, with Robert q.
FrAim, William G. 6prusncs and John
Bigge, ESQ, for the plaintiff, and the
Hon. Charles b. Lore and Hon. George
n. Bates, Esq., for the defendant
Tho following jurors were drawn to
try the case /: David W. ElkintoD, Theo-
dore r. Clark, Thomas Davidson, @.
Watkins. John T. Cheairs. John Otto,
Jr., william f. stuckort, n L. Arm
strong. William A. Morrifon, James T.
Taylor, samuel Alricks and John q.
Almond.
This 10 . suit to determine whether or
not the last will and testament OF John
Ferry, made February 18th, 1885, shall
be allowed TO stand, and its provisions
remain in force.
This will gave all Of his property to
his wife, Mary AnD, and he died 10 eight
days after executing IT. Tho wife had
the will probAted on March 4, 1886, and
afterw ards disposed OF considerable oil
the real estate, giving desds in her own
name. Mrs. Ferry died on April ~.
1889, and as she died iutestate her prop
erty was disposed Of by law and went r
her relativeA This wAe objected 10 b.
James Ferry, tho father OF John Ferry,
and he entered suit TO cause the admins.
traitor OF Mary Ann Ferry 70 show thai
| the will under which che lnherite thu
property was the last will and taet sment
| Of John Ferry, and a. such should be al
lowed to stand.
Az usual In cases Of this kind, II va
opened by the ,iefeuse, and Nj. Lore
alter stating the case TO tho jury, com
menced the examination Ut witnesses.
Thomas r. Lally was sworn, and tes
titled that he was an attesting witness {
the will of John Ferry. Upon bein
shown the will he identified his sigma
turs and also that OF John Ferry, an
that Of Patrick Neary. another attestin
witness.
When Mr.. Ferry signed this will
was III his right mind, ard know fu
well what he was doing. Tee wiinel
drew up the will for Mr.. Perry at
request and dictatiou. He had bee
acquainted with him for . number
years previous to drawing up this instr
ment.
On cross- minAtion by Nj. Spruan
the witness said that he knew at u
time when he drew up this will tn,
Mr.. Ferry had made another will som
time previously. He had drawn up
will for him about one or two mo ntl
previous to writing this last will.
"Was not that other will different
It's provisions to thisp Inquired N
spruanee.
eve ob,ect.1 quickly said Mr.. Lol
unless the other will can " produced
aud tho question was not pressvd.
! In answer to other questions by M
, Spruance, the wltnes said that he o.
! this first will ON the day he wrote t
last one aud had II In his hand.
Nov want you to tell mo what th
: first will contained" said Mr.. Spruanc
t Mr.. Lore was on hia feet Ia an instau
g and again objected. when the objecti'
y was sustained by tha court.
. MIR. Spruance then modified bis qut
u ton and inquired allow did the pro-
/ sions OF this last will differ from tho
OF the ilrstl', when Mr.. Lore again Q
jected. The witness continued. and "a
that when he called at Mr.. Ferry's hou
he took notes of what be wanted insel
" ed IN hia Will, and that after he had wr
l. ten the will he destroyed these notes.
It The counsel for the defense objected
z Mr.. spruauce's searching questions. al
IS an argument ensned on their being pc
% mitted. Before the mstter was decid
. q recess WAS taken. until Q o'clock Il
n morning.