Middlebury register. (Middlebury, Vt.) 1886-1937, 1892-08-26
THE COUNTY COURT.

TIE OSoN'' OOOH's
The June term of the Addison county
court finally reached an end on Tues
day.
After two recesses it resumed work
on Aug. for the purpose of trying the
cause involving the will of the late
Phelps B. Smith of Bridport, the pro-
bate of which had been appealed from.
1t was contended that prolonged and
excessive use of intoxicants had render
ed him incapable of making valid will
and that he had been undulv influenced.
The time from Aug. l to Thursday of
last week was taken up with the eXam-
nation of witnesses. Then the argu-
ments began. W. II. Bliss, Esq, of
Middlebury spoke on Thursday, open
ing for the proponents. He was follow
ed on Friday by c. NJ. Wllds, Esq, of
Middlebury and Hon. Henry Ballard of
Burlington, for the contestants, and on
Saturday ex-Gov. w. P. Dillingham; of
of Waterbury made the closing argu-
ment for the proponents. He got
through just in time TO allow of the
court and jury getting away on the
trains. The recess was to 2 o'clock on
Monday afternoon. When court reas-
sembled Judge Taft charged the Jury,
who took the case about 3 o'clock.
They were out all night. Tuesday
II orning they rendered their verdict.
1t was for the proponents; that is for
the validity of the will The counsel in
the case, other than those named above,
were Hon. f. II. Hard of Burlington and
Gen. Grandey of Vergennes, who were
associated with Mr.. Bliss and Mr.. Dill
bingham. No notice of an intention on
the part of the contestants to make any
further fight has been given.
The document which gave rise to all
this controversy is printed below in its
entirety:
Realizing the uncertainty of life. |,
Phelps B. Smith, of Bridport, VT, in the
county of Addison, and State of Vermont,
make this. my last will and testament,
while in the possession of sound mind
and memory, hereby revoking all former
wills by me made.
/. NV will is that all my Just debts
and funeral expenses shall, by my eXecu-
tor hereinafter named, be paid out of my
estate as soon after my decease as shall
by him be found convenient.
=. | give and bequeath unto my be-
loved mother, Mary l.. Smith, the sum of
one thousand [l000] dollars. TO her and
her heirs and assigns forever.
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