Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-10-01

Staff Correspondence of Gazette and journal
DOVER, Sept, 24.-Y Yesterday session
of the Cummins will contest was quite
interesting, and the attendance of the
interested and curious showed no
diminution. Altogether they made an
audience of fair proportions and listened
with deep attention to all that trans
pred.
To the disinterested on-looker the case
at a glance resolves itself into great
family fight, with the widow, children
and direct descendants of George w.
Cummins and their relatives on one
hand, and the brothers of the testator,
together with their numerous relatives
and friends on the other. The will of
George w. Cummins, a synopsis of
which was printed in EVERY EVENING
yesterday, serves to show the animus Of
the contest. 1t will be seen that while
the widow and the children excepting
George w. and Walter Cummins) of
the testator have been literally remem-
bered, the requests to them are not alb
solute. They are for life only, and
nearly all the reversionary interests are
to the children of David j. and Alex
ander G.. Cummins, brothers of the de-
ceased. II Is by reason of this fact that
the contestants allege undue influence
upon the mind of the testator, and seek
TO prove that he was, while in feeble
state of mind, induced to disregard the
claims of his own children in favor of
the children of these two brothers.
The Cummins family is large one
and its ramifications, by marriage, make
Its connections numerous and extensive,
covering not only Delaware, but parts
of Maryland and the city of Philadel-
phia. The family feud is bitter, and
friendships of years standing have been
broken by this contest, which has di-
vided the family into two factions, for
and against the will. The contending
parties face each other in the court
room, but they are simply coldly polite
to each other, and thus far there have
been no instances of open or violent
rupture.
One result Of the contest has been to
revive interest in the whereabouts of
Walter Cummins, the absconding Judge
of Wilmingtons municipal court, who
is one of of the sons of George w. Cum
Minis. He is cut out of any share In the
estate by the will, but in case the in
strument is set aside he will come in for
an equal share with the rest of the
children, in the neighborhood Of
$25, 1000.
The testimony heard to-day was all
In the direction of proving that the tes-
,tator was not of sound and disposing
mind when he made the will. The
question Of undue influence was
preached, and will probably be made
the subject of proof at the remaining
ffssions.
Ne. THE TESTIMONY.
DR.. Michael Brinkmann of Philadel.
phia, the fret witness, said that he had
professionally attended George w. Cum
minis from 1885 or 1SS6--to June, 1888
He saw him in the latter part of June
1888, when he was in very nervous
irritable condition, suffering from urina
troubles. They affected his brain, anc
he was in condition of senile dementia
His mind appeared 10 wander from the
subjects under discussion and his con
versation was very erratic. He wa:
satisfied from his diagnosis of the cast
that Mr.. Cummins' brain was affected
These symptoms of mental affection, the
doctor said, he had noticed at intervals
for about two years prior to 1888. II,
met him on the street one day and Mr.
Cummins did not recognize him. Thu
doctor was sure that Mr. Cummins
mind was unbalanced for three year
before his death. His condition, tn,
doctor said, was such as to render hin
more easily subject to the control o
others, and to leave him incompetent t,
intelligently attend to the importan
work of making will.
DIR. Derrickson, husband of ono o
Mr.. Cummins' nieces, listened atten
lively 10 DIR. Brinkmann's testimony
and he was called to the stand by Nj
Wolcott and asked what, in his opinion
was Mr.. Cummins malady and the con
dltion of his mind, judging by tn
symptoms described by Dr. Brlnkmann
Senator Gray objected to the question
and Mr.. Bayard said that the answer I,
this question would simply be an opin
ion Of an opinion.
Register Cooper decided the question
admissible, and DR. Derrickson said tina
while no man could tell exactly withou
post norton examination, the symp
toms described by DR.. Brinkmann indi
Gated white softening of the brain
William A, Cummins was called ;
testify to conversation he had wit
Alexander G. Cummins, one of the exc
cutors named in the will, on Februar
18th, 1891, but Mr.. Bayard objected O
the ground that A. q. Cummns wa
present and could be called on to testlf
himself az to what was said during thi
conversation.
This point provoked spirited an
protracted argument, at the end q
which Register Cooper ruled against tn
admission of the testimony. Messr
Ridgely and Wolcott noted an cxcer
ton to the ruling. Subsequently til
matter was held over until to-morro'
morning.
William George Truax, a tenant 0
ono Of the George w. Cummins farm
near Smyrna, said that after 1887 NJ
Cummins failed to display the san
interest in the farm and his usual car,
full oversight Of its operations, M
Truax was of the opinion, from II
facts he had stated as the result Of h
observations of Mr.. Cummins' condition
that he had not sufficient mental capacit
to make will
On cross-examination Mr.. Trua
identified statements and receipts of h
accounts as tenant, in the handwritir
of Mr.. Cummins, extending to Api
1889, and pronounced them correct.
The attempt to prove, by William
Cummins, statements made by Ale.
i lander G. Cummins, brother of the test
tor, was the first move in the directic
of sustaining the charge Of undue il
fluence, Other testimony will be broug
forward in support of the charge Iii
the testator, while In weak state
mind, was induced to favor his brother