Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-05-04

draw tho wiil, that tho names u tho de
= vi.oes were givon him by pr0puneni;tha
said Dr. cohn assisted o. tho preparation
u said viii; hat Tho to>tator was held al
In bel by tsO mon TO execute tho sain
after Il had been read to him by Dr.
Cohni. that the vito was not prcseu
ald execution Of said viii AM
was not aware that will was bein,
inside and executed and remained In liz
nomncc u IL until amer her husband
death, when she was Informed BY Df
Cohni that she wa. nj times asked 1,
leave the sick room.that nflnr tho maxim.
of aid will the deceased occasiousil,
called Tor hi. wife aud OCCASIONAL,
pressed The child TO his breast In an nj
f,rilona'9 manncr, that NJ the tune ~ VI,
execution n said will thsfu woro pre,fn
\. \. fowls. Hsg., Dr. I. H. COIN, Shrr.
man Kramer, Monbclm Schwnrlz rad
Samuel Jacobson; that on the sai,l an ,ln !
Of November, boforo tho execution ~ sai.l
Will. deceased ~ald his Wits nai not treat.
ell him a. wife should. and that hi
child was provided for; that no provision
for tho future Of said child had ever boon
made, except y, the legacy In SAIL Wilt,
that Monheim schwartz aud Samuel in.
cobson alicsicd sail will ~ wltnes-os, In
the presence Of the losiator; that deceased
was not on intimate terms with said
Schwartz. while IN health, but appeared
to have an aversion for him; that the
tcstaior was greatly weakened by disease
ut the time Of tho execution Of sald Will.
had much difiicnlty In breathing and In
talking, and that death resulted Ia les.
than siS days thereafter; that Mrs Kra.
fncr. the contestant, always treated de.
ceasod's relatives kindly.
Tho mental capacity Of the tc.lator
Will, in the frst Instance, he tho basis Of
examination and inquiry.
That tho testator. at the timo OF making
the sald VIII, was sound In mind aud ox-
ecuiod tho same understandingly and
knowingly, was testified 10 by I T..
Cohn, =. K LOWS, Esq.. sherman Kmm.
or, tho prepayment, Monheim schwartz
and Samuel Jacobson, and while these
witnesses diner somewhat In detail, yot
In the main they seem 10 agree.
That the deceased was dciirious aud Of
unsonnd mind most Of tho time amor tho
ilith or sixth day ~ his sick moss and was
unable TO make u viii knowingly aud nn.
dorsiandlngly on thu said tth dny Of No
vembor, was testified 10 by DR.. II. A Has.
hrouck. aud must confess that the tosti.
mony Of tho physician who attended tho
patient rom the first stage Of tho disease
watched Ia progress from day 10 day aud
noticed IT. effect upon the mind. and who
had an opportunity TO acqulrc some
knowledge OF the constitution of the
patient, has made deeper impression on
my mind than has the testimony of tho
physician who wis called ia al a late
stage Of tho disease, but three or
four hours before said will was
made, and who WIS an entire stranger
e. tue PATIENT and the fact that ho was
introduced TO docea,cd a- a Master Mason
doc. not diminish that impression. nor DO
regard that circumstance good reason
Tor naming m entire stranger ~ executor
IN Will. lie who would use a. a shield
that ancient and most honorable order
must no, forget his duties to q Masior
Mason's vito IN time Of necd Dr. Has.
brouck's to- imony ON this Point IN fully
corrobomted by that ~ DR.. r.. j. Tubbos.
Daniel Eyer, John Harvey, who went 10
sas decca-ed a, tho Instance OF Or. Cohn.
Horny Monhclm. q. Dichi. Mrs. Eyer
and Mrs. Wheelor-an array OF respect
able and dlsintercstcl witnesses whose |
testimony II entitled 10 no little weight.
.Iho testimony OF tho contestants, aiter u
most searching REORGANIZATION, IN To |
tho same effect. Thi( is still further
strengthened by tho testimony of Mrs. |
Kramer aud Mrs. Wheeler. and which Il |
At least partially admitted by tho mo-
ponont, In regard Ia Deceased getting ont
OF bod and attempting to get his clothes.
On tho 2nd ~ November, aud ia rcgnrI
70 the choking Of his brother on the ilr,l Of
November, AMI yoi. being ~ weak on tho
following day that u required two men
70 raise him up IN bed n slgn tho alleged
Nor IL this impression
weakened by the confession Of sherman
Kramer. on the evening after tho death
Of Ills brother, ~ narrated 10y number OF
Witnesses, although partially denied by
nor by the universally rccog.
nl1ed fact that typhoid fever IL attended
with delirium. Thus far, find myself
wholly unable Ia reconcile my mind 10
The view which the evidence OF tho pro.
ponent would Indicate, II 1t were uncon-
Iadlclod.
! cfhnot help hut notice how directly
opposite the whole course Of the married
lie Of deceased, toward his family, was
IN health, 10 that exhibited aflor di,easo
had laid hold it, fatal grip.
The query forces itself upon the mind,
WY this changsl Why do the objects
u his greatest affection now becomo The |
,hloci- ~ hla avcrslOnY Why doc. ho In
list that his child Is provided for aud that
lis wiie has not treated him ~ a wifo
should when, rs IA clearly shown by tho
,Nidonee, there was no provision ever
made for the child and no change In the
rcsinient OF tho wlfo toward hor hus-
lanN Can these Inconsistencies aud on.
,osllo character" be rcconcilcd with tho
heory that the deceased was laborIng
inder no dslusion, WAS not delirious, that
no moral perceptions and mental fncul-
ies wcro IN their usual vigof2 That on
no said ith day Of November the testnt.
'rs mind was clear, that he know what
10 was doing and understood all that was
aid To him, comprchendod tho nature OF
no Instrument he was executing? That
us recollection was uncloudcd and he
new tho destitute circumstance In
when no was leaving that wifc and do
Fty upon those not dependent upon him
or support
am unable to adopt such theory. IL
, clear To my mind that the eircuIn.
tancos surrounding this case point un.
rringly TO the true theory that tho men.
Al powers were partially oblitcrated, his
indulgence dlmmed, and that he WINS nm
onscious OF tho nature Of tho net he was
oing aud was not nn accountable being.
while giving tho evidence full and
roper weigh, IN tho most favorable light
'osSlble To Tho prepayment, lind much
ass dltinulty In adopting this theory OF
no case IMAM IN adopting tho theory Of
no learned counsel for tho prononent
hat the alleged tostator was In tho nos.
cssion OF his full mental power. and
lgned the said VIII und0r.tandlnply and
knowingly; and the conclusion n.ter a
afctnl examination OF tho authorities
nd OF tho evidence In Irresistible. that
70 prepayment has failed to show that al
10 timo OF making and executing tho
AID VIII the iestator was of sound and
l-posinR mind, but, on the contrary, IL
clearly established by the evidence
L.
,se that no was incapable OF maliinu n
aid disposition of his estate.
Were ! 10 assume, however, that the !
~ was formally executed, that tho mind