Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-09-24

interested and were served personally
except four, which were returned by
the sheriff as non stunt invent. These
four were Susan Fisher Cummins and
Margaret P. Lea, who were in Europe,
Alexander G. Cummins, Jr., who was
in New York, and Walter Cummins,
who was wanderer whose whereabouts
no one seemed to know.
HEARING THE EVIDENCE.
The evidence Of the contestants thus
far has been directed to proving that at
the time he signed his will George w.
Cnmmins was not Ia his right mind,
and was not mentally capable of know.
ing what he was doing. Mrs. Martha
Barrett, his sister, and Julia Cummins,
a niece, testified that he did not recog-
nize Mrs. Barrett's daughter, his own
niece. Ex-SpealSer of the House John
II. Hoffecker told how he had failed to
remember Squire Carrow, friend of
years standing "He failed to remem-
Der me when we met in Smyrna" said
William E. Riggs, who had been a
tenant on one of his farms for years.
Benton V. Weldon of Smyrna told how
Mr.. Cummins had expressed his ignor-
ance of any acquaintance with w. A.C.
Hardcastle, whom he had really known
from boyhood. II knew him for % or
30 years" said Richard T. Cochran of
Middlelown, "but when called on him
at Smyrna he told Inc to my face that
he never knew me-" DR.. j. A. Derrick
son of Berlin, Nd, who is married to
the testator's niece, said Mr.. Cummins
failed to recognize him in Smyrna and
he had to tell him who he was. All of
these incidents happened about the time
Mr.. Cummins made his will, and the
witnesses freely stated that from what
they had seen they were convinced that
Mr.. Cummins was not at that time
mentally competent to make will.
Mrs. Sallie Cummns in her testimony
asserted that the conduct of his son
Walter (Which became known in 1881
crushed the testator, and he had never
been himself since.
Mrs. Carrie Lavender testified that in
September, 1888, she had a conversation
with Alexander Cummins, who told
her that his brother George had not vet
made his will; that il took some time to
consummate it. He asked her if, she
did not think that If his brother George
left his property to his daughters that
they would give 1t to the boys. She re-
piled that she thought not, but if they
did she could not see whose business Il
was, She heard her Uncle Alexander
say in conversation with his mother
that he and his brother David were at
tending to the affairs of their brother
George, and asked her If she did not
think it was nice for people In trouble
to have some one to take ali interest in
their affairs. He said that he had told
his brother George that his son Walter
was thief and robber He further
said that he and his brother David had
been to Dover several times to see about
his will.
LENGTHY AND COSTLY,
The contest will he lengthy and very
costly. The evidence is taken down verba-
tim by two stenograp hers, who with type
writer assistants transcribe four copies
for use of the court and counsel. The
cost OF this work is so cents per page,
and yesterdays work comprised OF
pages of testimony, while to-day's work
amounted to nearly $50 pages. All of
tie costs come out of the estate.
The register Of wills, who sits as the
judge in this case, can pursue one of
the following three plans He can sus-
tain the will; he can reject the will; in
case of doubt, or an inability TO arrive
at conclusion by reason Of conflicting
testimony, he can make and issue and
send the case to a jury trial in the SUI
perior court.
1t is more than likely, however, that
the register will make decision, either
for or against the will. In this event
the losing side can appeal to the superior
court, when that tribunal will read the
evidence taken before the register and
make decision, either affirming or re-
versing the judgment of the register.
Should the register revoke the will, and
his decision be sustained by the superior
court, the result will be the same as
though Mr.. Cummins had died intestate,
and his estate will be divided in accord
ance with the laws of Delaware between
the widow and all the children.
The hearing of the case will occupy
several days yet. 1t has attracted an
unusual share of public attention from
all parts OF the State where the Cum
minis family is well and favorably
known. In all about 30 witnesses have
been summoned to testify in the case.