Evening journal., 1891-11-30
The story Of The WIN.

Mr. Nields stated the case to the jury |
az follows:
The issue which you are to try Is
whether or not this paper or writing
purportinR 60 be the last will and tesla
ment OF Hannah Bennett Is her last will
and testament. The facts as we shall
be able to show you are these. Hannah
Bennett died She was O native
Of England Her maiden name WAS
Fisher. She came to this country many
years ago. and married q msn named
Coldlng, also native Of England. She
lived with him until he died, and had no
children. She then married man named
Bennett She lived with him for several
years. He WAS 4 pilot, but probably
on the retired list. During these marri-
ages Mrs Bennett had acquired property
now estimated at SIS 000 or $40, 600
When she left her native country she
had no relatives ID this country that she
knew of She had brother named Paul
Fisher. who cane TO New York, but
1 course between them. She spent her
time here in Wilmington. She
had sister Twins ia England whose
I name. think. was Elizabsth. She mar
I ried a man BY the name Of Rinksr She
had children. One whose name is Susan,
married man named Rigby. They came
TO this country and lived ia Trenton. NJ
J. They lived together for ten or twelve
years
I "This niece knew OF her uncle in
Brooklyn and also heard OF her aunt.
but she had never came into commuuica.
tiOn with them Her husband died. She
went to her uncle Paul in Brooklyn and
learned that her aunt lived in Whining
ton. She came here and found her aunt,
q an old widow. Be.ng az old woman, she
$ asked her niece to live with
d her and take care Of her The niece had
/ been lady 8 maid, and Was fully up tC
i the requirements OF the position, HoI
s aunt was very much pleased. She hat
no one to take care of her. Her niece
9 solicitation consented 20 take care
Of her. She was then Al
Trenton. Mrs Bennett went with
her TO Trenton. This niece took car,
d Of her. We shall show you that her in
3 telleet was bright, but she had q very
: loathsome disease that gave a nurs,
q much trouble and discomfort They
) lived at Trenton two years
n The aunt wanted to com,
l. back to Niimington-tO her old home
} She induced her niece to come here. Sh,
knew her years were numbered Thel
took house at No 1915 King street.
"Prior to this neice' e'6nding that he
II aunt was in Wilmington, William M
t, Pyle had been attending to some of Mrs
c Benefits affairs, and a man named vii
Z liam J. Fisher had been collecting be
rents and attending to some OF be
financial business. In January, 1SS
4 William n. Pyle and this William
n Fisher went over to Trenton, where sh
d had gone with her niece and got her {
4 make a will giving Fisher one-fourtl
Il aud Pyle two-sixth and Pyle's wife two
a thirds Of her property. Fisher wrote tn
will,
AFTER that will was written sRnd exc
euted, we will show you that she ex
pressed her deep regret that she ha
made this will-that what she had wa
Q for her niece On January 9 she executes
that will which We claim is her last will
IS Ii was drawn by reliable lawyer in tn,
oity he went to the house. examined be
aud there got the directions from her a
= to how she wanted the will made H
prepared 1t according to her instructions
He was there for over an hour
Mr.. Buckingham and Mr. Malloy wer
there. They saw her mental capacity
Shs executed that will, and we claim tina
- y il is her last. In it she gave all Of he
: property to her niece.
y :; ''She died in the latter part Of Fet
= ruRry, 1891. Soon after, this will, whic
: was prepared by Fisher, was put o
= record and approved Il is for you I
determine which is the last and legl
- will. Il is an appeal from tn
= decision Of the register OF wills w
- shall call witnesses TO prove how gls
- she was that she had left all to be
4 niece, as she desired to do
= Pending the calling Of witnesses I'll
Z court took a recess until 2 30 cloc
!, this afternoon.