The Wilmington daily Republican., 1891-12-01
STILL on TRIAL.
All of Yesterday Afternoons Session
of Court Taken Up With the Bennett
Will Case-Mr. Nields for the Plain
tiffs Closes for the Present.


of Court Taken Up With the bennett
VIII Case-Mr. Nieids for the Plain
tiffs Closes for the Present.
Court convened promptly at ESQ
O'Clock yesterday yfternooh, but some
little delay was caused by tardy iu.
ror who came in some ten minutes
late.
Mr. Nields read the two wills, one
OF which giving her property to VIM.
]. Fisher md William M. Pyle. and
wife, was made at trenton, n. j., Jan
uary 90 1890, and tho other, bequeath
ing the property to Susanna Ether
idge on January 0. 1891. The register
admitted the first will To probate and
this suit is brought to oyerturn his de-
cision.
Harry Emmons was called and iden-
titled the signature signed to the will
as witness as being his. He also
identified the signatures of the other
witnesses as he saw them sign,
The body OF the will is In the hand.
writing Of the Witness, and In his
opinion Mrs. Bennett was of sound,
disposing mind at the time the will,
dated January Q, 1891 was made. Mr..
Etheridge called upon him ut his of.
flee on the day the will WIS made, and
said that Mrs. Bennett wanted her will
written. The witness went to her
house OH King street above Twelfth,
and found her In bed. He found her
very sick woman, but after eonvers.
ing with her, he was satisfied that her
mind was perfectly sound, and he pro-
ceeded to write the will. which was
done in her room. When the will was
finished, Mrs. Bennett insisted on get.
ting out of bed, and sat in chair
when she signed it. The witness read
the will 10 her once, If not twice, and
she said that was Just what she want
ed She gave reason why she desirnd
her niece to have the property, but the
witness could not recollect what it
was. In tho opinion Of the witness
Mrs Bennett knew whnt she was doing
On the cross examination, it was
brought out that Mrs Beunett's ply
sicai condition was such that she could
not write her name. and signed with
her mark, which was Witnessed by Mr..
Emmons. Mir. Edwards. who was
down stairs. paid the witness for
writing the will, and he did not know
whether mrs bennett gave him the
money or not. lie thought Mrs Ben
nett said something about having
made another will, but he could not
recollect what it was.
John G. buckingham was sworn and
identified his signature as a witness
to the will. lie saw Mrs. Bennett
when she affixed her mark, and heard
her ask Mr.. EmmOns to witness it,
i'he witness also saw the other wit
nesses sign. Mrs. Bennett's mind was
perfectly clear, and when MI. Emnons
road the will to her she said that is
right. and just what wanted
Michael Malloy also identified his
signature as one OF the attesting wit
nesses. He saw Mrs. Beunett when
she made her mark, and heard her ask
Mr.. Emmons TO witness it. In the
opinion of the witness, Mrs. Bennett
was of sound mind, and knew perfect
ly well what she was doing. The wit.
ness had no acquaintance with Mrs
Bennstt, and when he went In the room
he found her sitting up IN chair, and
she seemed to know perfectly well
what she was doing. The witness was
III the room about twenty minut s, and
when he left, Mrs. Bennett shook
hands and bnde him goodbye, in a
clear strong tone of voice.
AIr. NlpldS closed with this witness,
with the understanding that when the
defense closed he could call other wit.
nesses in rebuttal. Shortly before .
o'clock court took a recess until IL
o'clock this morning.