The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1891-05-22

Pau u Dung ana j.. II. w aSnDurn.
The will of the late Mrs. Josephine
A. Frisbie left 81 900 to her mother.
Mrs. Adelaide Waite: $500 to Mrs.
Stark: $500 to Miss Lena Larson and
the piano to Mrs. Eta Patton, nee
Frisbie, the remainder of her estate
being left to her husband, DR.. FRS
bic. Mrs. Waite and her son brought
seperate actions to have the will set
aside, in which case the estate would
be evenly divided between them and
DR.. Frisbie. Judge Mead, of the Pro
bate Court, denied the application,
and an appeal was taken to the Dis
trict Court. Points Of issue were made
up and the case tried by jury, which
rendered verdict sustaining the
will The appellants claimed that
Mrs. Frisbie was not capable of MAX
ing will when she signed the instru-
ment, but Judge Buckham made a
ruling upon this point which the Sup
preme Court reversed, and it is now
necessary to show that Mrs. Frisbie
undoubtedly knew Of the contents of
the will and acquiesced in it. A new
trial-was granted, and this is now
taking place. Mrs. Waite has in the
meanwhile died, and her interest is
represented by her son. The case is
being tried without jury, and will
probably be completed to-day.
In case the above case shall be COM
pleted to-day, the trial ofTthe suit of
DR.. p. Follman against the city Of
Mankato will come 7on, tomorrow
morning. This will also be second
trial, the case having come back from
the Supreme Court. 1t is suit for
damages alleged to have been caused
by the overflow of the gutter into the
cellar under the Doctor s drug store.
The nine suits brought by different
pal ties residing on n. Fourth street
against the Omaha road for damages
caused by the occupancy of the street
by the track, were this morning dis
missed without costs to either party,
at the request of j. M. Burlingame,
one of the attorneys for the plaintiffs.
This action is supposed to be the re-
suit of the Supreme Court decision in
the Stephen Lamm case. The remov-
al of these cases will prove a great
relief to the calander, and will short
en- the term materially.
The suits of Sarah Fitzsimmons,
Elenor Jones and Jacob Miller against
the same road, which had been con-
Siderably advanced in the process of
litigation, were also dismissed, at the
request of the plaintiffs.
Thomas Glowik was admitted to
citizenship.
Yesterday afternoon a motion to
strike from the calander, and motion
to strike out the demurrer as friyol-
Gus, were argued in the case of John
Trevis VS.. Frank f. Cross. This af-
ternoon the first motion was dropped,
the demurrer withdrawn, and the case
continued.
The suit of Fred Mclean VS.. the
Omaha road was set for trial Friday
morning, and the suit of Amelia B.
Wing VS.. j. n. Mullin for Wednesday
morning.
The roll of the petit jurors was
called, and it developed that G.. T.
Boynton, Thos. Wilson, Thos. D. Will
liams and Alvin Bixby were absent.
Fred Kruger was excused on the
ground Of being member of the fire
department. The jury was excused
until nine o'clock tomorrow morning.
Owing to the fact that several of
the attorneys, who appear in the 9th
er cases, were occupied with the
Waite-Frisbie case, no case could be
tried to-day.
The grand jury is hard at work on
Geo. S. Powlison's case. Several wit
nesses have been examined, and it is
understood that yesterday afternoon
one Indictment was found against
him. The jury is being pressed to re-
turn several more, which will doubt
less be done. A. j. Workers. case will
come up next.