The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-09-23
Timothy Hopkins Begins the Fight
for His Foster Mothers
Great Wealth.
Husband and Heir Edward w.
Searles Tells of His Meeting !.
With Her.
She Proposed Marriage to Him, and A.
ter Three Years consideration He
Concluded to Accept.


the Ssarles' will case opened in the probate
court this morning. VIM. w. Dodge testi-
fed to drawing up the will of Mrs. Searlss.
1t was read to her and she signed il after
declaring it expressed her wishes. She was
to all appearances OF sound mind. The
witness mentioned drawing another will
and the court on motion ordered 1t pro-
duced. Incidental to the request, it was
conceded the right to appear ~ the adopted
son. Burleigh proceeded to oss-examine
witness. his main points being tho fact thss
the name Timothy Hopkins was written in
apparently different ink in the blank space
left for the name. Dodge stated his inn
got to Methusn, AZ he was not sure whether
there was middle initial. He had bsen
instructed to draw will leaving all the
property to Mr.. Sesrlss, and 80 his duty ~
lawyer required, he inserted the section
Timothy Hopkins. He called the special
attention of Mrs. Searles to this. and told
her ho could modify IL, il she desired, but
she stated il expressed her wishes and was
10 executed.
VIM. M. Thornton, another witness to the
will, corroborated the last witness. Cross
examination showed witness could not
read single word. VIM. .. Norris, third
witness to the will, corroborated the pre-
viOus witnesses as to the execution Of two
wills. He had also Witnessed will for
Mr.. Searles since the death Of Mrs. Ssarles.
Mr.. Burlsigh asked that the executors
produce the will of Mary L. S. searles,
dated November, 1887. Judge Garmon
ruled that the executors produce the will.
MIR. Burleigh stated tho position OF con-
testants was: First-There was not sutti-
cient attestation OF the will: second-the
will was procured by undue influence and
Froul <ho m ~ IF Edward w SAarlAs
and some contederates, and, third-ths
testatrix was not Of sound and disposing
mind Mt the time the will was made. Mr..
Rurleigh then called Edward ".
searles to the Witness stand. H
said he rst met Me- Me- Hopkins III in San san
letter of instructions to look over her
house, He met her several times going on
excursions into the country, twice with her
and her daughter r-in-law. He then detailed
his acquaintance and visit to Mrs. Hop
kins. The first proposition of marriage
between the two came from Mrs. Hopkins
in New York in the fall of 1883 He did
not assent to it for a year, but in December,
1884, he entertained tho proposition. He
knew at the time that Mrs. Hopkins was
born in 1920. and Was twenty one years his
senior. Had never previously. proposed
knowing Mrs. Hopkins was lady OF large
means. He delayed the proposition OF
marriage to give her chance to be sure she
was satisfied. and after he entertained it
delayed the snrna marriage 1s fSs three ss years syt
to Florida as the guest of Mrs. Hop
kins in her private car. She was accom-
panied by Miss Cass, of Darlington.
Witness from 1885 to 1887 was super
intending the building of Mrs. Hopkins'
house at Great Darlington. He had under
stood that the son, Tim othy. in connection
with the railroad people, managed her
affairs; had been told by Mrs. Hopkins that
Timothy had objected to her marriage, but
cherished no ill will toward him for it.
The agreement of marriage was entered
into in September. 1887, on witness's part
because he greatly admired her. In reply
to question, he said he married her for
all she had, both love and money, but
should have never married her for money
alone. Did not know of tho will made the
day of the marriage, November 8, 1887,
until after her death, but did not think it
was Intentionally made behind his back.
A marriage contract made at the same time
was also put in, conveying by Mrs. Hopkins
to T. Il. Stillman. trustee, for the benefit of
Edward B. Searles after the marriage the
mansion in San Francisco; improved and
unimproyed land in Sacramento; mountain
lands in Summit, Soda Springs, California;
red wood and timber lands on the coast
range; two parcels OF quarry lands, the
Great Darlington property and four lots on
Ninth street, New York. This contract
was cancelled June 16, 1883. The hearing
was adjourned until tomorrow.