Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-02-20

VI Jonn rtrfy anu Donenciary unueh
his first will, who resided in his family
for four years prior to his death, told
about John Ferry's coalition during the
last days of his life. She said he was
very weak and was confined to his bed
about month before he died, during
which tim he had frequent spells of en-
cessiye weakness. One OF these spells,
she said, attacked him the day Mr.. Lally |
and Mr.. Neary came to witness the SEQ
ond will. During thespell he was breath
ing heavily and did not seem to know
anything. While this was going on the
two men waited in the parlcr. Before
they came up Mira. Ferry administered
liquor or come other stimulant 10 her
husband. About 10 minutes later Mt,
LsllJ and Mr.. NeAsy were called mp and
the will was executed. These shaking
speils had been Of daily occurrence for
about two weeks previous to this oocs-
sion. They generally lasted about half
an hour. During one OF them ha did
not recognize the witness, and asked for
her, although she WAS sitting beside him
at the Mna, rubbing his hands. She
heard Mr.. Ferry, about nix weeks before
his death, speak about his will in convey
station with his vile. She asked him II
he had made his will and he replied that
he had. She then asked, ''Did you leave
anything TO your mother ~ He replied,
eyes, left something to mother and to
little Mary" (the witness
Miss Bartel said that from her knowl-
edge of Mr.. Ferry's cond ton she did
mob think him capable OF mnkllg will
Or tranaacting any other business on the
18th of February, 1885, the day tho last
will was figned. GhC was cioss-sxaminsd
at great length by Mr. Lore.
At 40 o'clock court adjourned until
10 O'Clock Tuesday morning
| The Ferry will contest dragged slowly
ct Tuesday morning. session of co4rt,
tho contestants continuing their phorts
to prove that John Ferry was in no son
dition to make a will at the time he
signed one leaving all his property 10 his
Wits.
DIR. A. q. Grimshsw, the first Witness,
testified that John Ferry, died OF con
sumption and had been In bad health
year or two prior to his death. He visited
him frequently during the last two
months, when he was confined to the
hnuge, and mede daily visi.H during the
lost two weeks. Hia condition then was
very feeble and he talked with difficulty.
He was vertically a dying man. The
doctor did NOT sec Mr.. Ferry during any
Of his sinking spells, but learned OF them
from conversation with Mira. Ferry. Dur
ing these two weeks no did not think Mr..
Ferry in fit condition to talk with any
body, Us he was too feeble, and certainly,
in the doctors opinion was not, on Feb.
ruary 18th, 1856 the day he signed his
last will, capable of attending to any
kind of business.
do you think he waB capable of
making will on that dayf" inquired
Mr. 6pruBnos.
NO." answered the doctor, unhesita-
tlngly.
DR.. Grimshaw further said tina. Mr..
Ferry, in his last days, had the hectic
fever and at times was quite deliri0us.
Persons in this condition are generally
worse In the after part CT the day. In
the Judgment OF the witness, as physi-
clan, John Ferry at the time of signing
the last will was not In condition to make
o will or to transact any other business
involving the disposition of property or
the exercise of calm, sound Judgment.
To this opinion the doctor unflinch-
iugly held, despite long and searching
REORGANIZATION at the hands OF MIR.
Lore.
Before leaving the stand the will was
shown the witness by Mr., Sprnence eud
he examined the signature. He said il
did not look like the signature OF John
Ferry in his usual health, and was Home
what wavering, indicating condition Of
physical feebloness. He had no doubt i,
was John ForEy's signature, although il
was badly written.
Alexander J. Hart visited John Ferry
on several occasions during che last two
weeks of his life. One visit was made or
Sunday, February l4!h, 1886, and wa
10 consequence OF hearing d report that
Mr. Ferry YVES dying. l3e WAS then very
weak. In his opinion Mr.. Ferry wa,
not in condition duriag these last two
weeks to make will.
At the conclusion of Mr.. Hart's cross.
examination court took q rseesH until 2. Sc
O'Clock, p. m.
1hs case Of Charles Strsdlay, VS.. the
p, W. & b. Il. X. Company, which was
set down for trial on Thursday has beer
postponed until next Monday incoming.
More testimony in favor of setting
side John Ferry's will was heard 81
Tuesday afternoons session OF superior
court. John Parker, who frequently
shaved MIR. Forty st his home during hii
last illness, his last visit being on the
, Sunday previous to his death, said tha
! MIR. Ferry. towards the last, was weak al
most to helplessGess During one visit
, on Sun sy, February 18th, the patien
had sinking spell OF such extent tina
| Mr. Parker thought ho was dying. Hs
did not think Mr.. Ferry In fit condition
| that day, or at any time dnring tho las
/ two weeks of his life, to make will o.
transact any other business. Mr.. Parke,
, described MIR. Ferry's general condition
towards the Last as perfectly helpless
} The examination OF this witness occupied
all OF the afternoon, and when he wa
j fiaaily released court adjourned until II
O'Clock yesterday morning.
? There was another earnest and some
whgt interesting siege with the Ferry vii
l contest at yesterdays session OF su
perior court.
/ Manuel Riohanberger detailed con
4 versation he had held with John Ferry q
/. Cape May Shs summer before he died
9 upon the subject of making will. III
i. late Henry Il. Courtney was also preRen
at the time. Both Ferry and Couvtne,
were then in very bad health. Ali wer
! sitting on the hotel porch after dinner
+ when the conversation cGme up. Nh
two invaiids discussed their condition o
: health and the imminence of death. whei
! the conversation led up to the arrange
/. mant of their financial affairs. Mr. Oourl
o hoy sold he knew what he had done, an
/ Ferry remarked that he would have 4
/ do something similar" He then adde
o that he "wouid not forget his poor oil
/. mother" aud thet there was gentlema
r IN hi6 employ as foreman whom ne woul'
t slso look after. Mr.. Richanbergor sol