Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-10-26
WILL ADMITTED TO PROBATE.
His Honor Finds That tho TestatOr
Was Of Sound Mind.
NO UNDUE INFLUENCE USED.
Hut the Deceased Mans BrothcrGets .
Scoring Tor what tie said Over
the Dead Body.-Ihe Aged Father
Forgotten.

Having taken the matter under Rd-
visemcnt for several days, Probate
Judge Bartch today gave his decision
In the will contest case In regard to the
estate OF Matthew Condor, deceased.
The facts were reported In the columns
Of the NEWS ut tho recent hearing ia
the probate court.
Tho tcstator was about ATTY years Of
nge, unmarried, aud formerly resided In
this city, his place OF abode
being the Valley House. He
had been engaged In mining pursuits,
AMI in this and In other ways amassed
snug fortune, which amOun tcd TO
somewhere about $4,000. The whole
Of this hu lett 10 one Of his sisters, n
Mn. Gillis, Of Eureka, cutting Off his
father (who II upwards Of eighty years
Of agel, his brother and another sister
without u cent, and this without any
apparent reason, IL was on that ne
count-On the ground that undue in
tluonce had been brought TO tear upon
the teetnior by Mrs. ellis, aud thar he
was insane at the time the will was
| executed - that these relatives opposed
1t, admission TO probate.
His Honor remarked that this will
WINS contested on the ground that un.
due influence had been exercised upon
| the testator, and that he wns not OF
sound mind at the time OF making
his will. He was OF opinion, however,
that the proponents had made out
strong prima facie case. The evidence
Of tho attesting witnesses was clear on
all material points covered by the
statute. II showed that the will was
written In the presence OF the testator,
Mt his request, and that he dictated a
large portion ofit; also that ho assented
to the various items contained therein.
L furth or appeared that tho will wad
first signed by the deceased
himself and then by the . two
and in his presence. Those Witnesses
sworo that at the time Of the execution
of the will the testator was OF sound
mind-as much 40 NJ ever he was, that
he knew his relatives, and that, 80 far
M they could sec, no undue influence
was used. AS 10 his condition for some
time previous 10 the making OF tho
will, II was shown that he had been
weak, that he drank heavily, and was
nearly always under the influence OF
liquor while he resided In this city.
His sister who lived at Eureka) WINS
sent for, and the testimony went
TO show that from the time
she arrived here she endeav-
ored to keep the drink from
her brother and have him sober.
Finally she took him TO her home, and
II would appear that after his arrival
there he received no stimulants, except
such ms were administered by direc-
ton Of his physicisn.
The contestants introduced some
evidence to indicate the extreme
feehleuess OF the testator both In mimi
anu body. As TO the fact OF his drunk
enuess previous to the making OF tho
will, II II were shown that Mt the time
he signed that instrument he was OF
sound mind or had lucid intervals, so
that he knew the person whom he In
bounty, and II he had clear
knowledge OF his property, he could
still make valid disposition Of 1t.
In his opinion, the contestants had
failed to prove that the testator was
not of sound mind ut the time OF the
execution Of the will.
He had carefully listened TO the ties.
timony In the case, and while the Will
seemed rather unnatural In some
TespeCts-for II was great hardship
that son should entirely disinherii
his aged and decrepit father who was
in need OF support-yet, under tho
law, II he desired TO do 20, and II he
was sane at the time he signed his
will, there was nothing to prevent
him. So far IA the evidence went
respecting the mans brother ~ having
stood over the dead body and using
the epithets he did - and thai
evidence WINS not contradicted--hii
Honor thought such conduct mus
, have been the outpourlng OF de.
praved nature. He could not lool
I upon 1t In any other light. As far al
thu brother was concerned, therefore
, his Honor's Judgment was that this
testator exercised "the discretion tina
he had without reserve" The deaf
( man seemed TO have had confidence IL
. tho sister Mrs. Glllls) to whom he lef
all his possessions-that she would pro
\ vide for the father and other sister
, There certainly We're some thing
o which threw some suspicion on thi
= matter, and his own mind was not alto
4 gother free thereirom as TO influence
' having been used by Mrs. Gillif
!. There was, however, no proof tina
h. she actually used undue Influence
, 1t only became such when tho iniu
ence was carried to such an extent tina
the testator himself was not his owl
free agent in making his will. IL sue
"A state Of affairs did exist In this cane
y was In evidence, and under all the ell
cumstanoes, therefore, he held that tn
: will should be admitted to probate.