Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-09-24

STAFF Correspondence OF Gazette and journal
DOVER, Sept. 22.-Register of Wills
=. I. Cooper is now engaged in hearing
an interesting and important will con-
test, the instrument in dispute being the
last will and testament of George W.
Cummins, late of Smyrna, Duck Creek
hundred, Kent county, who died in
January last, at the age of 81 years
His estate embraces at least 100000
worth oil realty--comprising seven good
farms and property in Smyrna and
Smyrna Landing-with personal prop
erty valued at about S15,000 The con-
testants are his widow and three Of his
children, and eminent counsel are en-
gagged upon both sides. Edward Ridge
ley and James l.. Wolcott being the at
torneys for the contestants, while Hon.
Thomas F. Bayard, United States SEN
ator George Gray and N. b. Smithers,
Jr., are the attorneys for the will The
grounds of contest are that the testator
was not of sound and disposing mind
and memory at the time he made and
signed his last will and testament and
the codicil thereto.
THE PROVISIONS OF THE WILL.
George w. Cummins, in his time, was
one of the most prominent citizens of
Kent county, leading farmer and fruit
grower and afterwards respected resi-
dent Of the town of Smyrna, where he
passed his declining years. His will
and codicil, which was subsequently
added, were written by that careful
attorney and nestor of the Delaware
bar, Hon. Nathaniel b. Smithers of
Dover. The will was executed and
signed on December 26th, 1888, and the
codicil on May 2Sth, 1885, The wit
nesses to the will were w. III. Janney,
cashier Of the Smyrna National Bank;
ex-Speaker of the Senate John E. Col
Inns and William FAIRIES, all of Smyrna;
to the codicil, o. b. Voshell, Samuel j.
Reynolds and Charles j. Allen, all of
Smyrna. The executors named in the
will are Alexander G.. Cummins,
brother, and William Polk Cummins, a
nephew of the testator The provisions
OF the will, in substance, are as follows:
To his wife, Evalina NJ. Cummins, in fee
simple absolute, the Woodlawn farm, near
smyrna, l75 acres, and two parcels of
in Raymond's Neck, about Il acres.
To his wife, Evalina Cummins, for and
during her natural life, the farm Roth
wells Choice two miles from Smyrna, $50
acres, three lots with houses thereon in
smyrna; the above requests being in lieu
Of dover. These properties, subject to the
life interest of the wife, are devised to two
daughters, Sarah Ann Cummins and
Louisa Augusta Cummins; with reversion
to Louisa il Sarah Ann shall die without
child, and at Louisas death to her chill
dren; with subsequent reversion, if there
be no children of either Sarah or Louisa.
to the children of David ]. and Alexander
g. Cummins.
To his daughter, Louisa Augusta Cum
Minis, the Deer Grove Farm. 272 acres, the
Carroll Farm, 200 acres, and the Stuart
Farm, 2l5 acres; with reversion to the
children of Sarah Ann, If Louisa dies
without issue, and subsequent reversion,
in case both die without issue, to the chill
dren of David ]. and Alexander G. Cum
Minis.
Another item appoints William Polk
Cummins as agent to superintend the
cultivation of the farms bequeathed to
sarah Ann and Louisa A. Cummins.
Item 8 of the will reads as follows
'Whereas, in my lifetime have advanced
my two sons, George w. Cummins and
Walter Cummins, respectively, various
sums of money, and in the aggregate n
large amount to each. and it being my will
that neither of them shall be looked to for
payment OF the same, or any part thereof
now do hereby discharge, exonerate and
acqnit the said George W. and Walter re-
spectively of and from all and any manner
OF indebtedness or liability whatsoever to
me or my estate, for or on account of any
dealing or transaction whereby any such
or liability may have been
created or incurred, and do direct that all
evidences of Indebtedness whatsoever, ,ipon
or by which either of them is bound or
liable TO me shall be cancelled and so far
as they are capable of delivery shall be
by my executors, and that
neither of them shall be called on FOR
payment to my estate, whether on bond,
note, book account or otherwise: and !
direct that this shall be taken to include |
all debts or liabilities which | may have
assumed or become bound for on behalf |
Of them or either of them, as well as those |
which they. or either of them, may owe
TO me directly and originally"
A house and stables on Main street, |
Smyrna. known as the Taylor Property" |
and two lots and q granary at Smyrna |
Landing arc directed to be sold and the |
proceeds turned into the personal estate.
The wife is given the right to select what |
she chooses from the household goods,
furniture, plate, carriages, &c, in The home
on the ''Woodlawn' farm. The
rest OF the personal property is to be sold
md the proceeds, after the payment OF all
iebts and expenses of settling the estate,
ire bequeathed as follows: One-third to
he wife, absolutely; one-third to Sarah
Ann Cummins, absolutely; one-third to
louisa A. Cummins, absolutely.
by the codicil the real estate requests to
us wife are, in case of her decease before
lin, reverted to his daughters, Sarah Ann
md Louisa A. Cummns. The personally
eft to the wife, in the event OF her prior
!ecease is given to the living legatees Of
his portion OF the estate and their children,
any.
THE CONTEST.
Upon this will and the annexed codi-
ii, letters of administration were
-ranted by James l.. Heverin, then reg
ster of wills, on February 10th, 1901, to
Alexander G. Cummins and William
'olk Cummins, the executors named in
he will. Soon after the probate Regis
er Heverin died and H. I. Cooper was
ppointed to the vacancy on April 9th,
he frst move in the contest was the
resentation to Register Cooper, on June
tn, 1891, OF petition from Evalina NJ.
widow of George W. Cum
aims, and George w. Cummins, Sarah
i. Cummins and Louisa A. Cummins'
hildren. This paper, after citing the
interest of the petitioners in the estate,
roceeded to state: "That they deny
nat the paper writing so allowed and
ecorded 1.-THE will is in truth bis last
ill and testament; and they also fur
ler deny that the said paper writing so
lowed and recorded as a codicil ito
le will is il truth codicil to the pre-
'nded last will and testament, but even
lowed and recorded as such errone-
usly and improperly"
They therefore prayed for review of
10 proof and allowance of the will and