Smyrna times., 1891-09-23
The Cummius Will Case

I 4
COl. Geo. w. Cummins-Whetber from
gOOd and sufficient evidence H. shall he
broken and set aside-has very natnr
ally been a leading subject of interes,
this week in this community no !, 49,
been to greater or less extent in Ibo
equity ana State, and will figure
uOuOCies IN It's legal aspect as the most
M M PoItanC IrlaI OF its kind in the State.
Inc estate is a large one, as proDertv
Is Teckoned in rural districts, eight val.
u"OIe farms, besides town and personal
property. After the death ofhis widow
anu Two daughters (the sons not being
named IN the instrument) the proDerty
ielC Dy the deceased goes to the chill.
uTeh OF David J. Cummins, (six) and
alex u. Cummins, (One.) This seems
20 De decidedly objected to bv the
FAMILY outside the two named IA Iega.
Tees and hence the effort at having the
VIII broken. The week after the death
Oi MT. Cummins, the two Dersons
named as executors, Alex. G. Ohm.
minis, and William Polk Cnmmins
went before the Register ~
Wits, r.. i. Cooper and had II dnIv
prObated. After some weeks a notio9
OF contest was served by the heirs and
tne heglster advertised time. MOndav
tHe ZlsI OF September to hear and do.
Ierlhine whether there was sufficient
cause 10 set the will aside. About m
witnesses had been summoned the
nearing being in the court room of
bOVer. The attorneys for the ba;rs
are Edward Ridgely and Jas. T. VOL
Gott, Esqs., and for the execntors
mos. F. Bayard, George Grav and N
Is. Smithers Jr., Esqs. It was exnsotoj
80 use oE "OuIu commence at IL o'clock
ouo tne lawyers for the defense seemed
n nSI W DC ready before half past two
0 CLOCK: Register Cooper occupied The
J 3; Vi the Associate Justice with the
uIghlty OF Judge, and the eminent
coUhsel addressed him as "your honor y
~ lacC the proceedings wore a v4rv
uuIclai aspect, for the case is one ~
private and public interest. some H.
nc Vlme was taken up by the attor.
leys as TO the mode of procedure tai
ng other will cases as a precedanca
"nen the witnesses were called tn
prOVe the will and codiciI VIM IT
ahney. J. Ed. Collins and VIM F.. ,
Is Ior the first, and o. B. VosbelI {
= reynolds and G. B. Allen for tbo ,
eeond. They were examined 90
ross examined with frequent snar-
lilgs between the LAWYERS 80 - i
lneIher The questions We're zoo LID I
~ occupying the time until ouarto.
iOur o'clock. The will was mad q
ear. 0U's'4 !pe next y
MT. Ridgely said thew laid n, stross 8
= Sne manner OF executing the will as c,
,' 1ut on the will itself, and will IL
low mat Mr.. Cummins. when ba W
o' IL was not of sound mind and h
sSpoSlhg memory, and was undnIv al
a oy David J. Cummins and a
iG :. ". Cummins in having it made Sc
was ana would so show further m
10 the hearing. ''''' -
ne lrst witness called was Nrs ga
lrtna Barrett, of Philadelpbl@ Sbo fin
'teu that she was a sister nf M n
hhins, and had visited him even all
INNER y from two to four weeks. She Fl,
u hoClced failing in his facuItias or
&c 1851 IN loss of memory. want IF To
lVlnulty OF thought, forgetting nor ba
Is &C. asking who her daIObter I'm
3 aiteI she bed been there several IA,
Us. There was most daoiIai ~ =
lnlge In him in '8S after the tro~bI"a eta
nus son Walter She was verv az h.,
ou ~ not thinking him in a fit men. me
condition to make a will In,
IlSs louisa a. OuE4inS was next sDil
ca ana occupied the time until the SET
'uThment at o'clock. She testi- rem
alsG TO the failing faculties of her NOT
lef that he had had two slight at. inc
5 Oh paralysis or something like II
III 90 ana another in 'S7 DriOr 10
one 10 's9 that laid him I'D for sew.
AOutls; The tVQqbies OF ms son
materially affected his Continnifv -
.Iuu' ana he showed great diflcnity
remembering persons, instancino IL
iepneW, "A. q. Cummins, Jr.. whom the
~ not remember, or for a time Dela
us Is, brother had ever been mar. as al
Inc witness was carried throngb uPoI
III examination by Mr.. Bavard Do n
IF recollection of this and thot are
until she said she nd ~ lusti
ged her mind, not expecting o. 49, lied
trouble; that if she Ebed Ir Guy edge
= ,WHtltte4 u down, she could have ana
1t to hin by the yard" navy See
- atenographers we're present To 70 10
tIe testimony down, relieving TO a.
oIher every half hour. In an. seek
place there were two Iadv tvnn speci
rs ! , VINO took off the stonOgraphers IN
:, 'he witnesses each reading, cor. aud
. and signing their names etrs, a
we're heve at nearly sl0G na. ling t
about the cost Of tbe Iit6669s bet b4Fli
'Yeral days would he ss veJ thono not Ia
the length of the besrinr ' oaJ of all
Ipense thus no greater in tSo "nq muait
to. The hearing viii dorbtIaasSa dema
until Friday, when the ar9nnnnt bonds
ommence. . ''''''V yield