The Providence news. (Providence [R.I.]) 1891-1906, 1892-02-03
The WILL IS PROBATED.
Stephen O. Edwards to Succeed Dr.
=" Graves as Executor.
MISS. WORRELL AND ROSE
The Testimony Before Judge sphinx In the
Municipal Court I'm Regard To the
Making OF the Chester WILLIE
tition Continued.

Tn the Municipal Court this morning the
will of the late Mrs Josephine A. Barnaby,
which was drawn at Chester. Pa, was
presented for probate. This will gives to
the Fidelity Safe Deposit Company OF
Philadelphia in trust for Edward L. Wor-
rell, 10000, also $4,000 to Edward Ben
nett of the village of Blue Mountain, N.
Y, his heirs and assigns forever. Also
5000 10 Il. Thatcher Graves, M. d., OF
Providence, his heirs and assigns forever;
and also constitutes and appoints L.
Thatcher Graves sole executor
Lawyer John H. Blodgott represented
the Worrells, Col. n. Van Slyck was there
in the interest Mr.. Conrad, Lawyer
Rose of Chester, Pa, end Miss Florence
There were present also many OF the
lawyers of the city, and the court room
was filed with spectators.
Lawyer Rose was first sworn and said
his business Office was in Chester. Pa. He
had known Mrs. Barnaby possibly ten
years. He met her at Mr.. Worrell's. The
last time she came there he made the will.
She was there some days before he drew
it. He thought she had been there since
Christmas and the will was drawn Jan.
and s, 1891
Mr. Blodgett handed him the will and
ne lucutlDtu dis DduQWTltlnR anu SlRnd-
ture, and also the signatures of Mrs.
Barnaby and Mrs. Worrell.
In answer TO questions by Col. Van
Slyck he said the will was signed Jan. 3,
though Mrs. Barnaby came TO Chester,
Christmas or New Years. Mrs, Worrell
first told him Mrs. Barhaby thought of
making new WILL and said she had sent
for the old one, but it had not yet come.
No one also was present when Mrs. Wor-
rell first mentioned the drawing out of
the will.
He was going to call on the Worrells on
the evening of Jan. z, and Mr.. Worrell
asked him to bring some paper. Nothing
was said about the will at that time,
but he understood the will was to be-
drawn. This was the first time Mrs.
Barnaby ever spoke to him about business
matters. She said they were going to
to start for the West the next day, SO she
had called him to draw up her will
There were some callers present that
evening and as soon as they had gone the
family withdrew and Mrs. Barnaby said
she wanted to make some changes in the
will She was displeased with DIR. Graves
and was not going to give him so much as
she first intended. She said she had given
him $4,000 in the first will. but was only
going TO give him half as much She said
she wanted to give something to Mr..
Worrell. Mr.. Rose said he suggested that
as Mr.. Worrell was in financial difficult
for him.
She also left two tenements in the house
on Dean street TO Bowers Anthony and the
other tenement to Mary Hickey for life,
and after her death to Bowers Anthony.
Mr. Rose said the will was all drawn
and signed aS one sitting, and when it
WAS finished it was between and o'clock
on the morning of Jan. s. Witness sVp-
posed the small legacies were the same as
in the first will.
He knew nothing about former legacies
to relatives or Mr.. Bennett. Mrs. Barnaby
did not say what she was going to do with
the remainder of the original bequest to
DIR. Graves. The residuary bequest spoke
of giving something TO Grace Episcopal
Church. Witness suggested the family
but Mrs. Barnaby said they had enough.
Mr.. Worrell came into the room several
times and at the time when they were
speaking of him he was requested to re-
main in the next room.
Witness had never talked with Mrs.
Barnaby on business before. The con-
versation had been most on her travels.
She was not much of conversationalist.
In reply to questipn by Mr. Blodgett,
witness said he thought Sc, 900 large be-
quest to leave person one is displeased
with
Witness was somewhat surprised at the
naming of DIR. Graves as executor, with
no discussion at all.
sworn. She said she knew Mrs. Barnaby.
She met her in the latter part of 1877 or
early in 1873 at her home in Chester. She
was last there in Jan. 1891.
Col. Van. Slyck asked Miss Worrell
when she first heard that a will was TO be
made and she said on the day il was
drawn. Mrs. Barnaby and Mrs. Worrell
both spoke of it during the day. She had
also heard of the $50 900 left TO DR.. Graves.
She had no talk with Mrs Barnaby and
did not know that she sntended to reduce
DIR. Graves bequest
Mrs. Barnaby said IL was her last will
and testament She did not recollect
whether she was asked TO sign as witness
or not.
The will was admitted to probate.
Lawyer Blodgett then read the following:
To The Honorable the Municipal Court of the
City Of Proctdencc:
Respectfully represents Edward $: worrell
of the City of Chester in the state OF Penn
sylvana, that he Is beneficially interested in
the will of Josephine A. Barnaby, late of the
city of Providence, deceased, which said will
has this day been admitted 20 probate by the
honorable court.
That the executor named In said will, viz,
II. Thatcher Graves, Is now confined in the
State prison of the State OF Colorado under
sentence OF death and rs an unsuitable per-
son TO act a. the executor thereof, and Is, by
reason of such imprisonment, rendered in
capable Of dscharging the duties devoving on
Your petitioner therefore prays that Ste
phen y. Edwards OF said Providence or some
other suitable person may be appointed ad-
mnistrator cum tSSfdmCntO dnncrO upon the
estate OF said Josephine a. Barnaby.
EDwARD :. WoRRELL.
BY his attorney. john 4. BLoDGETT,
Providence. Feb. .. NV.
The petition for the appointment of an
continued until Feb. 23
LAWYER ID r. Rose left this forenoon for