The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-09-23
The searles win Case onaned

SALEM. Mass, Sept. 22.-The hearing in
the Searles will case was opened in the
probate court this morning. William w.
Dodge testified to drawing up the will of
Mrs. Searles. 1t was read to her and she
signed it, after declaring it expressed her
wishes. She was to all appearances of
sound mind. Witness mentioned drawing
another will, and the court, on motion. or
dered it produced Incidental to the re-
quest it was stated Timothy hopkins would
not be conceded the right to appear as an
adopted son. Burleigh proceeded to cross
examine the witness. his main point being
the fact that the name Timothy HopkinsD
was written In, apparently in ink in the
blauk space left for a name. Dodge stated
his Impression was he left the space until
be got TO Methuen, as he was not sure
whether there was a middle initial He
had been instructed to draw a will leaving
all the property to Mr.. Searles, and his
duty as lawyer required the insertion of
a section regarding the omission of the
name of Timothy Hopkins. He called the
special attention Of Mrs. Searles to this.
and told her he could modify it if she de,
sired, but she stated il expressed her
wishes and was executed.
William M. Thornton, another witness TO
the will, corroborated the last witness.
cross examination showed witness could
not read single word.
William o. Norris, the third witness to
the will, corroborated the previous wit
nesses as to the execution of two wills.
He also witnessed will for Mr. Searies
since the death of Mrs. Searles
Mr.. Burleigh asked the executors to pro-
duce the will of Mary E. S. Searles dated
November, 1887. Judge Carmen ruled that
the executors must produce the will Mr..
Burleigh stated the position of the con-
testants was, There was not sufficient
attestation on the will; 2-The will was
procured by undue influence and fraud on
the part of Edward w. Searles and some
confederates: and, 3-The testatrix was
not Of sound and disposing mind at the time
the VIII was made. MIR. Burleigh then
called Edward f. Searles to the witness
ttand. In the afternoon session the exam
inatloD of Searles was continued.
He first met Mrs. Hopkins in San Fran
cisco In March 1883, going to her house
with letter of introduction to look over
her house; met her several times going on
excursions into the country, twice with
her daughter-in-law. He then detailed his
acquaintance and visit to Mrs. Hopkins.
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 il for a year, but in December. 1884 he
entertained the proposition. He knew at
the time Mrs. Hopkins was bern in 1870
and was twenty-one years his senior. He
had never previously proposed marriage to
any one. He could not well help 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 ne entertained il, he delayed the
marriage for three years. In the spring of
1856 he went to Florida as the guest of Mrs.
Hopkins in her private car. She was ac-
companied by Miss Cass OF Darlington.
Witness, from 1885 to 1887, was suporin-
tending the building of Mrs. Hopkins
house at Great Darlington. He had I'M
derstood that her son, Timothy, in connec-