The record-union., 1891-09-23
MRS. SEARLES' WILL.
THE DOCUMENT OPENED FOR PRO-
BATE AT SALEM, MASS.
Edward Il. Searles Testifies Con-
corning His Marriage to
Mrs. Hopkins.
Special to the REcoRD-US1oS.

EopSCldl W tile n.
SALEM Mass Sept 22.-The hearing
of the Searles will was opened in the
Probate Court this morning. VIM. w.
Dodge testified to drawing up the will of
Mrs. Searles. 1t was read to her, and she
signed it after declaring that it expressed
her wishes. She was to all appearance of
sound mind. Witness mentioned draw
ing another will, and the court, on mo-
ton, ordered it produced. Incidental to
the request it was stated that Timothy
Hopkins would not be conceded the right
to appear as an adopted son.
Burlelgh proceeded to crosS-examine
the witness, his main point being the
tact that the name Timothy Hopkins"
was written in an apparently different
ink III blank space left for the name
Dodge stated that the space was left
until he got to Methuen, as he was not
sure whether there was middle initial
He had been instructed to draw a will
leaving all the property to Mr.. Searles,
and as his duty as lawyer required it he
inserted the section regarding the omis-
sion of the name of Timothy Hopkins.
He called the special attention of Mrs.
Searles to this, and told her he could
modify it il she desired, but she stated
that 1T expressed her wishes. and it was
executed.
William M. Thornton, another witness
to the will, corroborated the last witness.
The cross ss-examination showed that the
witness could not read single word.
William 0. Norris, the third witness to
the Will, corroborated the previous wit
ness as to the execution of the two wills.
He also witnessed a will for Mr.. Searles
since the death Of Mrs. Searles
Mr.. Burleigh asked the executors to
TrO6nnn tho will of MoNxr y
dated November, 1887.
Judge Hoffman ruled that the execu-
tors produce the will
Mr.. Burleigh stated that the position of
the contestants was: First, that there
was no sufficient attestation of the will;
second, the will was procured by undue
influence and fraud on the part of Ed
ward +. Searles and some confederates.
and third, that the testatrix was not of
sound and disposing mind at the time the
will was made.
Mr.. Burleigh then called Edward F.
Searles to the witness stand.
He first met Mrs. Hopkins in San Fran
cisco, in March, 1888, going to her house
with letter of introduction to look over
her house. He met her several times go
ing on excursions into the country; twice
with her daughter-in-law. He then de-
tailed his acquaintance and visits to Mrs,
Hopkins. The first proposition of mar
riage between the two came from Mrs.
Hopkins, in New York, in the fall of 1888.
He did not assent to it for year, but in
December, 1884, he entertained the propo-
sition. He knew at the time that Mrs.
Hopkins was born in 1920, and was
twenty-one years his senior. He had
never previously proposed marriage to
any one. He could not well help know
ing that Mrs. Hopkins was a lady of large
means. He delayed the proposition of
marriage to give her a chance to be sure
that she was satisfied, and after he enter
tanned it itdelayed marrying for three years.
In the spring of 1856 he went to Florida
as guest of Mrs. Hopkins, in her pri-
vate car. She was accompanied by Miss
Cass of Great Darlington.
Witness from 1885 to 1887 was superin-
tending the building of Mrs. Hopkins
house at Great Darlington. He had un-
derStood that her son Timothy. in con-
nection with the railroad people. man
aged her affairs. He had been told by
Mrs. Hopkins that Timothy had objected
to the marriage, but cherished no ILL
will toward him for it. The agreement
was entered into September, 1887, on the
witness part, because he greatly adj
mired her.
In reply to question he said he mar
ried her for all she had, both love and
money, but should never have married
her for her money alone. He did not
know of the will made the day of the
marriage, November s, 1887, until after
her death, but did not think it was inten-
tionally made behind his back.
A marriage contract, made at the same
time, was also put in, conveying by Mrs.
Hopkins to L. K. Stillman, trustee, for
the benefit of Edward F. Searles, after
marriage, the mansion in San Francisco,
improved and unimproved land in Sacra-
mento, mountain lands in Summit Soda
Springs, CAL; redwood and timber lands
on the Coast Range, two parcels of quarry
lands, the Great harrington property and
four lots on Ninth street, New York.
This contract was cancelled June 16, 1888.
The hearing was adjourned until to-