The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-09-23
TIM HOPKINS AND THE WILL.
Searles Tells How Mrs. Hopkins Pro-
posed-He Loved Her Money, Too.

posed-He Loved Her Money, Too.
SALEM, Mass. Sept 22-The hearing in the
searles will case began in the probate court this
morning. William W. Dodge testified to draw
ing up the will of Mrs. Searles- Ii was read TO
her and she signed il, after declaring that it ex-
pressed her wishes. She was TO all appearances
OF sound mind. Witness mentioned drawing
another will, and the court on motion ordered
1t produced. Incidental to tais request IL was
stated that Timothy Hopkins would nos De con-
ceoed the right to appear SIS an adopted SON.
Burieigh proceeded to eross-exaInlne the VIII
ness his main points being the fact that the
name OF Timothy Hopkins was written In ap-
parently different ink in the blank space LEFT for
the name. Dodge stated his impression
that he left the space blank until ne
got TO Methuen, as he wss not sure
whether there was middle initial He had been
instructed 70 draw the will leaving all the prop
erty to Mr.. Searles, and as his duty as lawyer
required, he inserted the 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 IL II she de-
sired. but she stated it expressed her wishes,
and il was so executed. William Nj. Thornton,
another witness to the will, corFoborated the
last witness. Cross-exanination showed that
the witness could not read a single word.
William O. Norris, the third witness to the will.
corroborated the previous witness as to the
execution of the two wills. He also witnessed
the viii for Mrs. Searles.
MI BurIeigh asked the executors to produce
the will of Mary E. s Seares, dated November,
1887 Judge German ruled that the executors
produce the will. Mr.. Burleigh stated that the
position of the contestants was:
First-There was not sufficient attestation of
the will.
Second-The will had been procured By undue
influence ana fraud on the part of Edward W.
Scares and some confederates.
Third-Testatrix not of sound and dis
A 4,wr1ar Alx r-iiI
Mr. Burleigh then called Edward W. Searles
TO the witness stand. In the afternoon session
the examination OF Searles was continued.
Searles testified that he first met Mrs. Hopkins
in San Francisco in March, 1888, going to her
house with a letter of introduction 10 look over
her house: met her several times, going on ex-
cursions into the country twice with her and
her daughter-in-law. He then detailed the &C
qnaintance and visit TO Mrs. Hopkins. The first
proposition of marriage came from Mrs. Hop
kins in New York, in the fall of 1883 He did
not assent TO it for year, but in December 1854.
he entertained the proposition. He knew at the
time that Mrs. Hopkins WAS born in lS20, and
was twenty-one years his senior. He had never
previously proposed marriage to any one; could
not help knowing Mrs Hopkins was lady of
large means. He delayed assent to the PROPOSE
ton of marriage TO give her a chance to be sure
she was satisfied, and after he entertained it, de-
layed the marriage for three years. IL the
spring OF 1856 he went to Florida as the guest of
Mrs. Hopkins in her private car. She was &C
eompanied by Miss Cass, of Darlington. Wit
ness from 1855 to 1887 was superintendent of
building OF Mrs. Hopkins house st Great Bar
rington.
He had understood that her son Timothy, in
connection with the railroad people, managed
her affairs; had been told by Mrs. Hopkins that
Timothy had objected TO the marriage. but cher
ished no ill-will toward him for 1t. The agree
ment of marriage was entered into in Septem-
Der. 1887, on witness part, because he greatly
admired her. In reply to question he said he
married her for all she had, both love and
money, but should have never married her for
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
Intentionally made behind his back. mar
rage contract made at the same time was also
put in, conveying from Mrs. Hopk rs to T. E.
Stillman, trustee, for the benefit of Edward E.
Searles after the marriage, the mansion in San
Francisco; improved and unimproved land in
Sacramento; lands in summit and Soda
Springs, Cal. redwood and timber lands in the
Coast range; two parcels of quarry lands; the
Great Darlington property, AMI four lots on
Ninth street, New York. This contract was
cancelled June l6, 1885, The hearing was ad.
journed till tomorrow.