Smyrna times. [volume] (Smyrna, Del.) 1854-1987, 1891-09-30
The Cummlns Wih Case Continued.

] OOhgCSbNAAuo Tue blule until LII
the close OF the proceedings Thursday.
We have no regular report of the sue
cessive witnesses the rest of the time.
/ but the testimony was confrmatorv of
the first witnesses called-failing mem
ory, lack of recognition and that thew
did not consider him of sound mind
aud dispOsing memory when the will
was made.
On Wednesday DR.. Michael Brink
mann of Philadelphia, the first witness.
said that he had professionally at
| tended George w. Cummins from 1885
or 1886-tO June, 1888. He saw him
in the later part of June, 1888, when
he was in very nervous, irritable
condition, suffering from urinal trou.
bles. They affected his brain and he
was in condition of senIe dementia.
His mind seemed to wander from sub
Jects under discussion and his CONVEX
setlon very cratic. He was satisfied
from his diagnosis of the case that Mr..
! Cummins brain was affected. These
| symptoms of mental affection. the COO
tor said, he had noticed at intervals for
about two years prior to 1888. He met
MN on the street one day and Mr..
Cummlns did not recognize him.
| Inc doctor was sure that Mr.. CummiDs'
nina was unbalanced for three wears
before his death. His condition. the
doctor SAID, was such as to render him
more easily subject to the control of
others, and to leave him incompetent
to lntelllgently attend to the Important
work of making will.
DIR. DiricksOn, husband of one of Mr.
Cummins' nieces, listened attentivelv
to DIR. Brinkmann's testimony. and he
was called to the stand by Mr.. VOL
colt and asked what, in his opinioD.
was MIR. Cummins' malady and the con.
ulIlon OF his mind. judging by the
symptoms described by DR.. Brinkmann.
Dr. Dlrlckson said that while no man
could tell exactly without a post NOR
TEN examination, the symptoms des.
crlDed by DIR. Brinkmann indicated
white sOftening of the brain.
william A. Cummins was called to
testify to conversation he had with
Alexander G. Cummins, one of the ex.
ecutors named in the will, on February
l2th, 1891, but Mr.. Bayard objected on
the ground that A. q. Cummins was
present and could speak for himself as
10 what was said during this conversa-
ton.
ms point provoked spirited and
protracted argument, at the end of
which Register Cooper ruled AGAINST
the admission of the testimony. Messrs
kidgely and WOlcott noted an exceD.
ton to the ruling.
Inc attempt to prove, bv William
a. Cummlns, statements made by Alex
ander q. Cummins, brother of the ties.
taCor, was the trst move in the direc-
tlon OF sustaining the charge of undue
lnHuence In support of the charge that
tue testatOr, while in weak state of
nlhG, was induced to favor his
brothers children at the expense of his
own Keeling that the ruling out of
such testimony was not right.
similar testimony was reserved for
bunal.
William George Truax. a tenant on
one of the George w. Cummins farms
SAID that after 1887 Mr.. Cummins
failed to display the same interest in
the farm and his usual oversight of its
! operations. Mr.. Truax was of the
oplnlOh' from the facts he had stated
Us the result OF his observations of Mr..
Cummlns' condition, that he had not
suincient mental capacity to make a
VIII. Jos. Cummins testified to SINH
lar lack OF interest and memory.
Joseph Burchinal, Prothonotarv Of
Kent county, was called to the Witness
stand and testified that during the sea-
son OF 1888 during the time that Mr.
Summlps wa2 making his will he saw
| DAVID }. Cummins and Alex. q Cnm-
MINIS there with him twice. and he
thought three times. There were
oVner witnesses present, but the con.
IesCahts, or rather their attorneys.
Messrs. Ridgely and Wolcott. rested
their case here,
In giving the testimony of Mrs vii
son 7. Lavender In our last issna che
was made to say, "that it was not the
nrst Will that A. G. Cummins had
nXed TO MS own advantage, that he
had hxed her mothers will" She did
use the language as reported. as we
were misinfOrmed, and what she did
say, being objected to by Mr.. Grav
was by order of the Register expunged
from the record.
Friday and Saturday were ocouDied
by the defense, NIB. Smithers ESQ
! was put on the stand at eleven O'clock
aud occupied it the whole session
unill the adjournment after three
O'clook-an almost unprecedented
oase' The questions with which he
was pied could be numbered bv the
scores. The gist of the evidence was
that he had been Mr.. Cummins' LEGAL
counsel for years, had written a will
LOT MN In go and two in 'S8 The
hrst Is pronounced by his family his
VIII, the property being devised in fee
simple, the second that of the two son.
being left as annuites and the last thew
cut out entirely, and the daughters left
only life interest, the property To 90
to the children of David J.. and 4 q
CgmmlHs. Mr.. Smithers testified thai
he believed that Mr.. Cummins was of
sOuhu nina and dispOsing memory
then, and he believed so still. 1t came
OuV III the cross questioning that whru
nc went to ''Woodlawn" to write the
codlcil (which relates to the property
OF Mrs, Cummins) that he read only
the portions of the will pertaining to
the codicil, confirming the statement
OF the family that they knew nothing
of the provisions of the will other.
wise, until it was read after his death
Saturday was the closing day of tes-
timony. David J. Cummins being
called to the stand testified that he
mad put little business intercourse with
his brother George since they were
merchandising together and that he
had not sought to influence him in his
business affairs and in disposing of his
property. He had gone to Dover with
him at his request and simply heard
him tell Mr.. SmitheTs how he wanted
the will written.
Eugene Davis testified as to the cor.
rectness of the testator's business
methods in relation to the bank. John
VanGasken said in transactfng busi- |
ness with him he always found him
straight, and believed him capable of !
making will. Mrs. S. ]. Reynolds. |
h. ID. Boyer, Geo. Lynch, Jas. q. Rob
lnson, pr VIM. II. Cooper had found
him satisfactory in business dealings.
Rev. q. w. Dame had found him intel
ligent and satisfactory in church mat.
Ter and believed him of sound mind
and disposing memory. When ques-
TONED as TO certain conversations and
expressions, he could not remember
w. Geo. Hill as shipping agent, had
had considerable and satisfactory deal
ings With him, but declined to give an
opinion as to whether he thought him
OF sound mind and disposing memory,
Wilson I. Lavender was called up in