Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-12-03
THE VIII CASE.
Witnesses who Say Mrs. Bennett Was of
Sound Mind s.hen She Signed the
Second VIII.

! oecDhu Will
II was 10 o'clock before superior court
opened Monday morning. Chief Justice
Comegys was still too i'll to leave his
home at Dover, and Judge Cullen did
not leave Georgetown until the second
train, due here at 11.20 o'clock. Judge
Houston was present, and on the arrival
OF Judge Cullen court was opened.
In the cases of Annie Marie Williams
and Selma Hummel VS.. the Walton &
Whann Company, both of which were
marked for trial, Mr.. Nields, counsel for
the defendant, announced that he would
apply for continuance until the Feb
ruary term, on account Of the absence
of a material witness.
Mr.. Prickett, counsel for the plaintiff,
insisted upon the legal grounds, and
Mr.. Nields called +. N. Buck Of the
defendant company. He testified that
Sylvester Leary of Philadelphia, an i'm
portant witness for the defence, was
away and could not be brought here at
this term. He said he felt it would be
unsafe to go to trial without this witness.
The cases were continued with per-
emptory for trial at the February term.
In the case of Mary Gibson VS., Mary
| Casperson, action of repleyin, Mr..
Churchman, on behalf of Senator Hig-
| gins, asked that the latter's name be
taken from the record as counsel for
the defendant, which was so ordered.
| The first case on the trial list was then
started upon. II was the case of Susanna
Etheridge VS.. Hannah Benefits execu-
tors, an appeal from Register of Wills
Cooch. Benjamin Nields for plaintiff
and w. S. Hilles for defendants.
The issue, Mr.. Nields said in opening,
is whether or not a paper writing pur-
porting to be the last will and testament
of Hannah Bennett, deceased, is the last
| will and testament of Hannah Bennett
Mrs. Bennett, he said, was born in
England, about so years ago. She came
| here when quite young and was married
/ twice, to a man named Boulder, and
after his death to Mr.. Bennett. Mrs.
Bennett, whose maiden name was Fisher,
had one brother, named Paul Fisher,
who lived in New York. and sister
Elizabeth, who lived in England and
married man named Rigby. They
had one child, a daughter named Susan,
VINO was, OF course, Mrs. Benefits
niece. This niece married man named
Etheridgo and moved to Trenton, N. j,
Subsequently she learned of her
aunts existence in this city and
called on her. The result of this
visit was that Mrs. Bennett went to
Trenton and lived with Mrs. Etheridge
for two years. While there, Mr.. Nields
said, she was called on by William j.
Fisher, who attended to her real estate
business in this city, who presented to
her will prepared by Fisher, leaving
hcr property to Fisher, William M.
yle and the latter's wife. This
VIII she signed. She also signed
another will, written by Harry I'm
mons, in which she left all her
property to her niece. The other will
was admitted to probate by the register
and hence the appeal to determine
which OF the two wills shall stand.
After the opening statement court ad-
journed until $50 O'clock, p. IN.
The hearing of evidence in the Bennett
session Of court.
Mr.. Nields first offered in evidence the
first will made by Mrs. Bennett, dated
January goth, 1890, leaving 500 to her
brother, Paul Fisher, aud the balance to
William J.. Fisher and Mr.. and Mrs
William N. Pyle-one,fourth to Fisher
and three fourths to Mr.. and Mrs. Pyle.
This is the will that was admitted TO pro-
bate. He next offered the second WILL
made by Mrs. Bennett OH january OH,
lS0l, by which the entire estate was de.
Vised to her niece, Susan Etheridge.
Harry Emmons was called and identified
this will which he drew and witnessed.
he said that at the time Mrs. Bennett
signed this will she was according to his
belief, of sound and disposing mind and
memory He said he was called upon by
Mrs. Etheridge, who informed him that
Mrs. Bennett wished to have her will
written. He went to the house, No. 1909
king street, and was shown into Mrs
Bennetts room, the second floor back. She
was i'll bed and sick, and he entered into
conversation with her, with "A view to test
ing her capacity to make a will. She de-
tailed her possessions, and said she wanted |
all OF it to 20 to her niece, Mrs. Etheridge.
Mr.. Emmons said he became satisfied that
Mrs. Bennett knew what she was about,
and was clear in her mind, and therefore |
he had no hesitation about writing her |
will. After he finished writing the will |
Mrs. Bennett got up and sat in chair and |
signed the document with her mark He |
told her she might sign it while lying in |
bed, but she persisted in getting up He |
first read the will TO her, and she said that |
was what she wanted. He was satisfied her |
mind was perfectly clear at the time and |
that she knew exactly what she was doing. |
On cross-examination Mr.. Emmons testi- |
fled that Mrs. Etheridge was present in |
+.
Etheridge paid him for his service and |
on his departure he handed the will to
Mrs. Etheridge.
John 9. buckingham, another witness
to the Will, said he signed at the request of |
Mrs. Bennett, and believed her to be Of |
sound and disposing mind at the time. lie |
heard her say, when Mr.. Emmons read |
thu, Will to her. That's right; that's just |
as want it," Her mind appeared to be |
clear and she gave no evidence of mental |
incapacity.
Michael Malloy, the third witness, testi-
fled to the same effect.
The plaintiff here rested and court ad- |
journed until 10 o'clock Tuesday morning. /
The other side of the Bennett will case |
was told in court Tuesday morning. In his |
opening address Mr.. Hilles said that before |
Mrs Bennett owned cent of property,
she was befriended for years by Mr.. and |
Mrs William NJ. Pyle, the benefciaries
under her first will and that William ].
Fisher, the other beneficiary, was also her
firm friend and counsellor. 1t was after
wards, he said, that Mrs. Etherdge came
here, and learning that her relative was in
possession of some wealth, induced her to
go to Trenton. While there Mrs Bennett
wrote to Mr.. and Mrs Pyle, and they on
going to Trenton, learned from Mrs.
Bennett that she was not satisfied with her
new-found relatives, who, she said, were
trying to get possession of her property
1t was at her own request that tho will
was written and signed by her, bequeaIh-
ing her estate to Mr. Fisher and Mr.. and
Mrs. Pyle. Mrs. Bennett afterwards re-
turned to Wilmington, but was followed
by Mr.. and Mrs. Etheridge. who took M
their residence here and finally induced
Mrs; Bennett to live with them. Then in
her last illness, they induced her by per-
suasion and threats, to change her purpose
~ tntr tttIl ina l,..ir g.,