Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-10-22
The Hearing Resumed With Edward
d. Sesrles on the
Stand.
VARIOUS IMPORTANT DOCUMENTS
INTRODUCED.
Mrs. ssarlcs' Property Estimated at
fifiJ Millions, Exclusive Of the
harrington Estate.
r,iE srAnLrs WILL CASE
The Hearing H.s.med.--Ap objection
10 tue E.giish style.

The Hearing Hssumed.-tu NsI'''""
10 tue x"siish style.
SALEM, Mass, Oct. 2i.--The hearing
In the S.arlea will case was resumed
this morning with Edward y. Beafles
GU the stand. l.. 4. Dabney appeared
for tho first time with the counsel Tor
tile will; anp Russell J. Wilson Of San
Francisco Joined the counsel for the
contestants.
At the opening Burley, for the con.
te.tants, asked " Searles knew why
Timothy Hopkins had not been noti.
led before November Of the proposed
marriage, aud he replied that he never
dictated 10 Mrs. Hopkins any
thing In regard 10 her son. lie
Hrst heard Of the marriage settle.
ment from Mn. Hopkins. Witness oh.
leoied 10 marriage settlements after the
English style, ~ Il looked too much
like buying q husband. Witness did
not read the paper when II was signed.
He was told that II was n marriage set
Element, but knew II should not Impose
any giving by him TO her, as he mad
nothing In particular 10 give by n mar
rage settlement. His wife probably
knew IL content as she had caused II
TO he made. lilo did not know whether
there had been anything paid as CON.
pensntion for tho trustee under this
marriage settlement. Witness never
opened later addressed 10 his wife
before the marriage aud none without
her permission since. Mr.. Burnley here
called for
TIE DIARIES
kept by Mrs. Searles while In Europe.
Sir. stillmAn came to Mcthuen on his
return and saw Mr.. Searles on business
matters. At the time Of tho marriage
witness heard Mrs. Hopkins speak OF
the peril TO Der property, aud wished
billman TO 20 10 California TO look tho
matter up. His report after bis return
was that the property was In good
shape.
The suggestion OF a co.partuenhlp
came from blillman, at tho suggestion
OF Mrs. searle-. 10 the effect that she
would like some arrangement made 10
manage her business. Witness didn't
read the copartnofship papers ~ he had
confidence In tho party that drew
them. His wife never. TO his knowl.
edge, took independent advice In
regard 10 the matter. Witness
knew that some California prop.
eriy had been decided TO him, tho
deeda running direct from his wife,
although unrecorded deeds Of the
same property were In existence. wit.
nesB lid not undefttand that the law
yen. were TO have $4,000 n year In
nny event, but were 10 have ton per
cent OF the income. He understood
that ten per cent for the attorneys of
both tho assets aud the Income of the
partnership were for their services.
Mr. Barley put In the will Of Ed.
ward II. Scarles, made on the same
date AZ that Of his wife (now In COM
teatl, July 10th, II leit all tho proper
~ 10 his wife. All the real estate,
witness stated, was In his name, but
tile deeds were unrccoricd. lie had
not attempted % transfer them, aud
made no papers OF declaration OF trust
In regard to them since Ills WHO'S
death, aud tho matter had not been
discussed In his preface. Did not know
Of his wife -ign,ng more than Que codi-
ell TO tho will after tine marriage, and
no other will. than those shown. IL
was suggested before they len for
EufOnc that deeds be made to witness.
lilo did not make the suggestion, and
did not En0w who did. The papers were
executed before they left, A. Mr.. Still.
man was to 10 TO California To look up
the property.
The letter received al Nice with tho
deeds was produced. The letter gave
~ n reason for making tho deeds that,
ms the title was In Stiliman, and the
insured title was not, he had repug.
nance 10 recording the marriage settle
ment.
At TIIir AFTERNOON SESSION
hurley asked witness II he was aware
that Stlllman * Hubbard had voice
In the kind Of securities which they
could withdraw. Witness replied that
he only knew they could Withdraw that
amount. Witness had his name luft
OF the Office door TO relieve him OF q
large number Of applicants Of
Que Kind aGd another, rs he was not
an active partner, Mre. BeArles wishing
him TO attend to domestic affairs. When
he signed the supplemental agreement
he Understood that the great Barring.
ton property was exempt from the co.
partnership assets, and put In his name
10 protect II In case Of accident.
The will of Edward S.atles, dated
November 90, 1857, was introduced. II
left the income Of a sum sufficient 10
yield $4,000 year for the support of
his mother and the residue TO his Wits.
The trustees aud executors were his
wife, Rtillnian aud I. IL. Hubbard.
Letters from Stlllman aud Hubbard
and Mr.. and Mrs. searles were here
offered and occupied the remainder OF
the afternoon. Most Of them were OF
no particular Interest. The first, dated
February Hiss, from Mr.Stillmsn In
California, estimatei Mra.ssearl.s' prop.
erty,exclusivo Of the Darlington estate,
at iiity millions, counting the indebted.
ness of the Western Development
Company md the Pacific Improve.
ment Company NJ their face value.
Referring to the desire OF Tim Hher.
wood Halls for money enough 70 run
n, be says II win require an incoms Of
$500, 0n0 yearly. Tim had honestly gu.
deAvored TO DO the best for heT,aud amy
mistake had been due TO youth aud IN
experience. November rs, 1857, he
wrote that he had drawn n now will
for Mrs. Searlos, which had hoen ren.
der,d necessary by the change OF af-
fairs. April is, 1855, Stlllman writes
that the property IA Of moro value than
he ut fir-t thought, aud, with ordinary
wise management, would give
larger Income than ahe could spend
and ama'sa property double her osli'
mate.