The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-10-25
MRS. SEAMLESS WILL STANDS

MRS. SEAMLESS WILL STANDS
TIE PROBATE COURT DECIDES THE
CHARGES NOT PROVEN
Counsel Submit The Case without Arxu-
1 zent snA without Caiiins Either Mr..
stinnaa or Timothy Hopkins The
Contestant Gives Notice OF Appeai-The
Books Or The CoPsrtaership In Evidence.
SALEM. Mass. Oct. 24.-The will Of Mrs. Mary
T. b. Searles. dsinheritinG her son. Timothy
Hopkins. has been sustained. Judge Harmon
Of the Essex County Probate Court deciding
this morning that mono OF the grounds set UP
by the heirs for disallowing It was proved.
Thor counsel. Mr. Burley. at once gave notice
that an appeal would be taken to the Supreme
Court OF Probate for Essex County. which will
hold its sessions In November noxt. As 1t
will be impossible to prepare for trial on 30
| short a notice. the case will certainly not DO
heard until the term In May. 1892. Tho prob
abilities are. however. that year will elapse
before Jury hos an opportunity to decide on
tho rights Of the parties In interest, The ad-
hitting Of the will to probate is no surprise.
as It has been understood from the first that
the hearing In Salem was but o preliminary
move on the part Of the contestants to
draw from the other side the evidence
| on which they hope to succeed before a
jury. and thus equip themselves with the
| weapons which until now were exclu-
sively In the hands Of their opponents.
| II WAS not expected. however. that Judge
| Harmon would so promptly reach decision.
| which was announced Immediately on the con-
| clusion Of the testimony. both sides submit
| ting the case without argument Regarding
| this summary disposition Of the CASE Judge
Harmon said that the newspapers should not
| be misled.
This decision Of mine is not at all on tho
morris Of the case" he said. why. We have
| had only about third Of the evidence to be
put In. and the m ost important witnesses have
not been examined. Mr.. Thomas E Still
msu. Mr.. Timothy Hopkins. and. in fact.
none Of the contestants has been examined at
| all Counsel have simply been trying to get at
what evidence they could from the petitioners
for the WILL and they have followed the very
| ordinary course Of procedure They have not
attempted to fully secure their case here for
they have no desire to show their hand They
have reserved their evidence for the Supreme
sRe decision 70, make. Thls, is only step.
Now comes the period for oyertures for
settlement. | suppose, Col Lincoln," said the
but tsiF .ay
III %saS Ss%ss
latter on the stand. They are not the mon to
do anything shady. as one OF your evening pa
R efs says and they won't rest under the impu-
Gen. Hubbard resumed, the witness stand
II interesting facts pertaining to the manage
ssade hss
dpratnO6 the marriage contract and tho arff.
Ss va sss5ee, :; sb9qt ths partner
onse and that Vas e Hhen T@othy Hopk IN"
sSs ss e e his %ssh
And yog declined to tell him what it was a''
y go shs assSsd to tell him the nature Of
- + declined 70 ,sll him che ns.are Of IT
the psrensrsip told him that It depende sf on N
Is nSthsI snd h him aid not think thas
man did say that he should want to know more
doa f Rsre %ss eos1s
BUSINESS e sn A sHpe1 f hs tn the
ity Up to this timeT asked Lawyer Burley,
it was eithe: stated or i'm Piled that Mrs. Searies
wished to effect change. She wanted a new
ma,nageme1s, near home She was evidently
., shS had Sseoms alarmed armed BY the letters re-
::Yes; sir. presume So"
So. And that alarm led up to the transfer q
ths {ss, si4 Ph saas r. IT,
partnership. and drew from Gen. Hubbard the
statement that the classes Of securities trans
joint actions Of all the partners. " Gem HUB e
bard said that was vas done IN order that there
not % boer Of q ss
stock which might destroy tho controlling
And you had power to stop that ?" asked
MI I Rsrl sIyy."
these two partners and &rs searle se and
p !,ecss them from drawing out any of these
don't know about that"
Wsl you had xH a Ma power to stop them
BUT they also had Ru power g stop our
Ssn s ssr his sSta & sts to tbs
upon Nfs searles at her house on Fifth ave-
nue.; She said she was in full accord with her
telling ySp that indicated great will power on
1T wasn't that sir. 1t was tho positive way
IN which she spoke which led me to say that It
When was It you told Mr.. .stillman that this
will would cause troublel Was 1t after your |
returning from California In 1902
"Dh. no sir; It was before that The will was |
made in 1883. and it was about that time l |
think" |
Alter tilt with Mr.. Scarless counsel. Law |
yer Burlcy secured tho partnership book. A |
81 hs az tine cs
hiDited by Mr.. Burnley in leading this witness- |
an aDle and brilliant lawyer himseli-into a |
being considered Of tho utmost importancein |
proving or disproving the alleged colusion
tactic had been resorted to to get them In evil |
denee and y REQUIRED some sharp figuring to
al those who coRchad Mr.. EurlaY In uuastinns