Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-12-03


u can hardly answer that" replied the
doctor, II did not talk with her upon any
business matters"
After SOM discussion as to the proper
mode of putting the test question as to the
desedent's mental capacity, Mr.. Hilles
Doctor, was Mrs. Bennett, in your
Judgment, capable on the 9th day of jan
uary OF making will understandinglyY ?"
:. Ihatis hard question to answer" re-
piled the witness, ''as ] had no talk with
her except to make professional inquiries,
which she answered properly
What was the effect of her sickness
upon her memory and powers of think
ingT
ut had bad effect"
What effect had her sickness upon her
judgment 2"
ut had bad effect"
Mr. Nields asked:
ibid Mrs. Bennett, on that morning.
nave suiilcient mind to comprehend what
she was about and what she was doing?"
She answered all my questions
properly" replied the doctor.
lie also said that he believed she then
had sufficient mind to comprehend what
She, was about when making her will.
Mr.. Hilles next read the testimony of
IDA Bloodgood, witness who appeared
before the register of wills, but is now out
OF the State She lived ut No, 1902 King
| street, where Mrs Bennett lived. and said
that the morning the will was signed Mrs,
Bennett was i'll condition of mind that
rendered it impossible for her to recognize
the witness; She also related conversations
she had with Mrs. Bennett, after the will
was signed, in which Mrs. Bennett would
say that she could not understand how
Mr.. and Mrs. Pyle and Mr.. Fisher had be-
come such rascals."
William Is. Pyle, son of William NJ.
| Pyle, said that the relations between Mrs
Bennett and his parents were very cordial.
| one visited them frequently. a..d made a
VISIT OF five weeks duration during 1890.
| lie saw Mrs. Bennett at No. 1902 King
| street on December 7th 1890, and she told
nm that her niece had been at her about
the trenton will, and she told Mrs. Eth
rluSe never to speak to her about will
again She also said she thought the Eth
ridges were very ungratefrl to act as they
were acting, after all she had done for
Them during the previous two years, bear
ing all the expenses of their living.
William j. Fisher said that Mrs. Bennett
placed her property in his hands for
management in 1888, and he continued in
charge until her death. She had three
dwellings in Wilmington and three Della
ware City bonds Of 500 each. He last saw
her at No. 100 King street, on Christmas
day, 1880. He called again on january
s'a4t ',vAs obOuJ " ClOCk tlG afternoon,
put did not get to see her, Mr.. Etheridge
telling him he could not see her. About
the LIST of February he again called and
was again refused admittance.
Mr.. Fisher said he went to Trenton in
response to letter from Mrs Bennett.
She asked him to prepare a will and he
did SO, then and there, in accordance with
her instructions. She signed it and it was
duly, witnessed. She told witness she
would not mention her neice in the will,
put would recompense her with ready
money. She gave as a reason for this
action that she was disappointed at the
way things were. Mr.. Pyle, he said, was
with him on this occasion and knew the
contents OF the will. In addition to her
real and personal property, Mrs. Bennett
also had some cash.
Court adjourned until $50 p. m.
The taking of testimony in the BEN
nett will case was continued in superior
court, Tuesday afternoon. Miss Kate
liloodgood testified to hearing, from
another room, the conversation that
occurred when Mr.. Emmons wrote Mrs.
Benefits will. She heard Mrs. Bennett
say she had never made another will,
when Mrs. Etheridge reminded her of
the will she had made in Trenton.
did you listen purposely to hear
what was being said in that room ?" in
quired Mr.. Nields.
81 guess | did," admitted the witness.
with d smile and blush.
The Rev. George NJ. Hickman, pastor
of First Presbyterian Church, said he
called upon Mrs. Bennett on January
9th, 1891, (the day the second will was
written and signed) between 8 and 5
O'Clock in the afternoon, and found her
a fpnDln 10 al 4
her the next morning, and read TO her
to XXIlI Psalm, which seemed to com
fort her. He called third time, but
was not permitted to see her.
Mr. lIilles asked Mr.. Hickman his
opinion of Mrs. Benefits ability, at the
time OF his first visit, to properly make
will.
MIR. Nields objected, but after argu-
ment the question was admitted, but in
this shape;
What was your impression, from the
facts and circumstances you observed
during your visits, of her capacity to
make will
Il am decidedly of the impression"
replied Mr.. Hickman, "from the facts
and circumstances, that Mrs. Bennett,
on the days that | saw her, was in no
COnulllon W nldke u Will.
William Nj. Pyle was called, but Mr.
Nields objected to his competency as a
witness, as he is an executor, as well as
a legatee, under the first will of Mrs.
Bennett. In order to give time for the
consideration of the question raised the
jury was discharged until 10 o'clock
yesterday morning, and court adjourned.
In the Bennett will case, at yesterdays
session of court the question of the
competency OF William NJ Pyle. an ex-
ecutor and beneficiary under the first will
of Mrs. Bennett, as u witness In the case,
was decided adversely.
Mrs. Catharine Pyle told of the intimate
and friendly relations that had existed be-
tween her family and Mrs. Bennett for
nearly 80 years. Mrs. Pyle receives three
first will
Mr.. llilles here rested and Mr.. Niclds
began testimony in rebuttal. Mrs. Mary
Ainsworth said she called on Mrs. Bennett
during january last, and found her mind
clear and composed. On this occasion Mrs.
Bennett spoke very aifectionately of her
niece, Mrs. Etherdge.
Mrs. Hanna Mary Mansell also testified
to the uniinpaired condition of Mrs. BEN
nett's mind up TO within a few weeks of
her death.
Leonard Rigby, granddaughter Of Mrs.
Bennett and son of Mrs. Ethcridge, bore
further testimony to Mrs. Benefits sound
mental condition. SO did Mrs. Elizabeth |
Wormald, All intimate friend of Mrs. |
Rennett for 30 years. Mrs. Wormald said |
that on one visit Mrs. Bennett told her she |
did not wish TO see Mr.. and Mrs. Pyle any !
more, and was going 10 leave all her |
property to Mrs. Etheridge.
Mrs. Hnlda Ainsworth told of the care
and attention bestowed upon Mrs. Bennett
by Mrs. Etheridge, and also of Mrs. |
Benefits clear mental condition during
her last sickness. She thought Mrs