The Newtown bee. (Newtown, Conn.) 1877-current, 1891-06-12
NEwTowN, JUNE 10, 1891.
FAIRFIELD'S WILL CASE
Blind Burr Osborn's Thousands.

Blind Burr Osborn's Thousands.
Ten o'clock, Saturday morning, was
the time set for the hearing on the adj
mission to probate of the will of the late
Burr Osborn and the court room was
filled with witnesses and parties interest
ed. Judge Morris B. Beardsley of the
sat as judge, Judge Glover being dis
qualified because he was one of the wit
nesses to the will. Oliver Burr and John
w. Morehouse, executors of the will,
were present and Judge Glover acted as
their counsel. Lawyer Curtis Thompson
was present in the interest of heirs-at-
law dissatisfied with the will: Esther
Huntington, Eleanor B. Lyon, Eliza A.
Lyon, Frances Burr, William Burr, Mrs
Sarah E. Buckley, Mrs Eliza A. Buckley,
Mrs Cornelia X. Wakeman, Mrs Mary G.
Jennings, Eunice Burr, j liaF Burr, Mary
A. Burr, stephen Morehouse, Catherine
Banks. Judge Glover, Town Treasurer
Hobart, DR. Donaldson, John Welsh, wit
nesses to the will and codicil, were also
present and, of the heirs, Stephen More
house, William Burr, John III. Jennings,
the latter representing their wives, who
are first cousins of Mr. Osborn and as
near of kin as any. Lawyer Bacon Wake
man, whose mother is one of contesting
cousins, also appeared. The will was
read by Judge Glover, who, on behalf of
the executors, offered it for probate. Mr.
Thompson interposed an objection and
called the witnesses of the will, which
was drawn September 81, 1888. Judge
Glover testified to the correctness of his
signature; he was present at the resi-
dence of Mr. Osborn when the will was
signed. Mr. Osborn, in presence of Judge
Glover, Edward Hobart, John Welsh,
signed, as appears on the will, declaring
it, in answer to a question from Judge
Glover, to be his last will and testament,
requesting the trio to sign as witnesses.
At that time, Judge Glover fully believ-
ed and still holds that Mr. Osborn was
of sound and disposing mind and memo
ry. The signature on the codicil, made
March !, 1890, at Mr. Osborn's home,
was also attested, as being made in the
witnesses. Mr. Osborn declared it a cod
icil to his last will and testament and re-
quested the others to sign in the pres
ence of himself and each other. Judge
Glover also believed at that time las now,
that Mr. Osborn was of sound and dis
;,or IND 70
a question from Mr. Thompson, Judge
Glover said that he had been acquainted
with lMr Osborn for years; had seen
him at the, probate office about a week
before the execution of the will, in COM
pany With John w. Morehouse. The in
formation on which the will was drawn
was given by Mr. Osborn and Judge
Glover was of the impression that Mr.
Morehouse was not in the room at this
time. Being blind, Mr. Morehouse brought
him into the office. Mr. Morehouse made
no suggestions as to the contents of the
will. 1t was then drawn and Judge
Glover and Treasurer Hobart drove to
Mr. Osborn's. Mr. Osborn, Mr. More
house and Miss Wilson were then at the
house. He saw Mr. Osborn and read the
will to him alone. No changes were
made in the will, save the addition of a
word or two to make the sense more
clear, for which an attestation clause was
added. Mr. Osborn signed the will; no
one guided his hand, Judge Glover SIM
ply indicating the space for the sigma
ture. Mr. Hobart was made witness on
suggestion of Judge Glover. No reason
was given for the visit of the witnesses
to Mr. Osborn's house, instead of his COM
ing to the office; it was at the request of
Mr. Osborn. Previous to the first talk
about the will, he had no distinct recol-
lection of having seen Mr. Osborn for
some time. After the will was signed, he
had no recollection of seeing Mr. Osborn
until the codicil was signed. This was
executed at Mr. Osborn's house, the cod
icil having been drawn on information
of either Mr. Osborn or Mr. Morehouse;
probably the latter, though he could not
recollect clearly. The same arrange
ment with Mr. Hobart was made as be-
fore. The codicil was read to Mr. Osborn
and no changes were required. Mr. More
house was at the house, as we'll as Miss
Wilson. Mr. Osborn had undergone no
mental change. He had no recollection of
having seen Mr. Osborn after the execu-
ton of the codicil.
Town Treasurer Edmund Hobart testi-
fled to his signature on the will. He con-
firmed the statements of Judge Glover as
to the signing of the will and was conf
dent that Mr. Osborn was of sound mind,
both at the signing of the will and the
codicil. Mr. Hobart had not seen Mr. Os-
born after this, until death; had had
some conversation with Mr. Osborn, who
recognized him by his voice. No doubt
of Mr. Osborn's mental soundness entered
his mind. Mr. Hobart could not recollect
that Mr. Osborn had any conversation
with any one while in the little bedroom
where the cOdicil was signed. He could
not recall any special conversation he
had had with Mr. Osborn. Mr. Hobart
said that he had witnessed more than 100
wills; that he could not always careful
ly examine the mental conditions of tes-
tators, but signed as witness, if they gave
no external signs Of mental unsoundness.
He had never heard that Mr. Osborn had
been crazy; his visit to the Bridgeport
hospital was on account of his eyes. AT
The time of signing the will, Mr. Osborn
was in the small room near the living
room. 'How old are your asked Mr.
Thomnson stNayt month sha III In 77 >,
was the reply. "You are the youngest