The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1892-09-09
Vastine Will Case.

When Judge Sittser came down
from Tunkhannock on Monday he
was given the case of Amos Vastine
against Jacob H. Vastine, Hugh II.
Vastine, Simon Vastine, Ezra Vastine,
Elizabeth Ann Ogleby, intermarried
with DIR. James Ogleby, devisees and
legatees, and Simon Vastine and
Ezra H. Vastine, executors of the said
alleged last will and testament of
Mrs. Elizabeth Vastine. These
people are from Rush township, ex-
cept DR.. Jacob Vastine, who lives at
Catawissa, and Mrs. DR.. Ogleby, who
lives at Danville. Mrs. Elizabeth
Vastine was left widow some forty
years ago, and found herself in weeds
with farm. She work hard and was
frugal, and, Of course, accumulated
property, as people of that disposition
always do. In March, 1890, she was
buried in the old church yard of the
Lutheran church at Elysburg, and left
about $50, 900. When the will come
to be read it was found that the eldest
son, Amos Vastine, had been cut off
with hundred dollars. OF course he
was dissatisfied; what son who had
tried to be dutiful would not bel
When it was sought to probate the
will he objected and appealed.
Judge Bucher wrote an opinion, some
what stinging in its nature, granting
an issue. So the case has at last
come to trial The plaintiff sought to
establish two things: first, that his
mother had not sufficient testament
ary capacity to properly dispose of her
estate at the time she made her last
will, which was on Dec. Q, 1850, and,
second, that she was unduly influenc.
ed by her other sons to cut him short.
1t was shown that Mrs. Vastine had
fallen from a hay NOV and injured
herself; that she had made will in
June, 1889, and in Dec, when the
second one was made, she had been
taken to Catawissa, and there she
made the will cutting Amos short.
A strong testimony was also given to
show that the brothers had SAID they
would get their mother to make a
will equalizing the will made by Mrs.
Vastine's sister, Mary Hurst, who had
bequeathed more to Amos than the
others. Conversations were sworn to
| in which the brothers made various
statements. First that they did not
know such will was made, and, second
it was too bad if she had made such a
will, etc.
The defendants proved that Mrs.
Vastine was woman of strong will
and strong prejudices; that there was
a family feud among the Hurshes,
her brothers and sisters, dating back
so years, and when one of the
bachelor brothers would die he would
divide his property equally among the
other members Of the family, except
ing Mrs. Vastine, and to her perhaps
a dollar would be left with the advice
that it be used in the purchase Of a
Bible; that the last of the Hursh
family was Mary Ann and, Amos
Vastine, her nephew, had a great
deal to do with debating Mary AIMS
will; that he had told Mrs. Vastine
this will was all right, but unfortunate
ly for him Mary Ann died before Mrs.
Vastine and it was discovered that the
will was all wrong, and that Amos
had got too much from his aunt
Mary it was the pleasure Of his mother
to cut him short in her will. The
defendants also showed that there was
no influence brought to bear on their
mother to induce her to make the
will she did, and that it was made OF
her own volition. At last the counsel
for the defendant dictated the follow
ing to the reporer.
Now, to-wit, September Ist, 1899,
the appeal Of Amos Vastine from the
decree of the register admitting the
will of Elizabeth H. Vastine to pro
bate is withdrawn, the jury discharged
and the case settled in the following
manner:
The defendants to pay to Amos
Vastine 50, 900, less the amount of a
Judgment in favor of Elizabeth Fl.
Vastine against Amos Vastine, and
interest only to be computed on said
judgment up to the time of the death
of Elizabeth Fl. Vastine the plaintiff
to pay his own witnesses, and the de-
PENDANTS to pay all court charges and
their witnesses fees. Upon the pay,
: ment of the sum of $1,000, less the
judgment aforesaid, Amos Vastine to
execute and deliver to the defendants
release in writing Of all his right, Ii
tie, and interest whatsoever in the rea
: and personal estate of said Elizabeth
5 H. Vastine under her will or other
wise.
Thus has happily ended what might
: have been another family feud, grow
: ing more bitter as the years rolled by
= All have conceded something and now
u