The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-12-12
FOURTH EDITION


This MOrntngs Court.
As soon as court convened at ten
o'clock this morning. Jury was
drawn and the will case of Joseph
Carpenter was taken up for trial, with
Holcomb. Rodney and John NJ.
Broomali OF Media, for the plaintiff,
and Lore aud Hoifecker for the de-
fence.
This Ia an action to break the will o I
Joseph Carpenter OF Brandvwine Hun
dred, when IL Is alleged he was not In his
right mind when the Instrument WAS
executed, and that it was also altered
Afterwards.
Torson Il. Billiard testified that he
saw the will signed, but that inter
wards 1t was taken down to the kitcll-
en-, where he believed that 1t was then
changed. The witness drew up the
will, which afterwards came into his
possession, aud he read it before tho
| legatees.
1t was afterwards given to Joseph
| Carpenter The testutor was an old
man, but the witness could not say
that he was feeble or debilitatei, ms he
saw him splitting wood short time
before his death.
The witness was subjected to a long
and tedious re direct examination by
examination by MIR. Lora.
John M, King was sworn, and testi
fled that his signature subscribed to
| the will was written by himself, and
! that he saw Joseph Carpenter, the do
| ceased, Sign 1t. He also identified the
! signatures of other witnesses, and
said that he believed the testatur was
In his right mind wnen lie signed IL,
aud that 1t has not been altered OF
changed since.
On cross-cxaminatlon he said that
he had heard the tcstutor ask. after
the will was read, il Miss Jane had
been provided for.
Mr. Carpenter signed the will in the
presence Of the witnesses, and before
they had signed. The will pissed tt
the hands of Mr. Billiard and then to
Mr., Carpenter, one OF the leRatees.
This witness was the last called for
the plaintiff, and Mr.. Holcomb read
the will, which after making bequestf
10 several relatives named MeSsrs,
Billiard and King us his admtnis:ra
tors.
Mr.. Hoflecker made his opening {,
the jury for the defense, and said that
he would show that the paper pro
duced was not the will of Joseph Car
penter, and that at tho time 1t wa
executed, he would show that he wa!
unuer undue influence, and lncapa
city Of mind. which rendered him un
fit to make a will. lie also claimed
that he would show that at the tim,
the will was made and read to him, he
was not in condition to know 1t
contents.
When he closed his argument h,
commenced the examination OF wit
nesSes.
Louis b. Jervis testified thnt lie knew
Mr.. Carpenter and saw him in the fni
of 1891, at Carpenters Station. He
told tho witness that some time prio
he had made u will which he deSlru(
to change. The witness then gave tn
names Of several ul his nicces to whom
he wished to leave bequests.
He took notes Of what was said, an
then called on Mr., HoilecRer, who
draw up will in accordance with TIL
notes which no presented. and IN
structed him to take it 10 Mr., CarpeI
ter ahd have 1t signed by him In tn
presence OF two witnesses. Tho wit
ness did as directed and took the pt
per to Mr.. Carpenter lic read it u
, him ard then tho testatur walker
across the room, aud alter talking
J pen signed tho Instrument in tn
presence Of two witnesses.
: Thomas h. Carpenter was named Q
one of the executors, and after II
: death of tho testator the wi
ness under the advice of Mr.. Ho
, fccker took the Will to him.
The witness was cross.eXamined a
length by MIR. liolcomb. but nothln
h contrary to the direct testimony wa
. brought out.
Waiter pearce testified that he hn
l known Joseph Carpenter for ~ year
! On November 4, 1891, saw the decease
sign will. The witness heard ii
Will read to him. and lie said IL was u
right and that he was satisfied with |
Mr. Carpenter was about ST years {
=, age when Mir. JGryis drew tho will.
y Mr.. Holfeeker stated that IL had bee
y agreed that us several OF the witnessa
, are now out of the state and as tho,
/ cannot be secured he asked to be Il
lowed to read their testimony as give
before the register. The request wa
a granted and this testimony read.
In this case there were thu 90 Will
J, the first being drawn up some Is yea
ago. Afterwards some of tho leGatet
died, and as the Diseased had ace UNI
"a lated more property, another Will WI
Z made, but within short time betOl
4 his denth still another will was draw
up, and the question Tor the jury
S decide Is. which OF these wills sha
= stand. The case Will probably extsI
y until tomorrow.
At O'Clock court took recess u
til 80 O'Clock.
! . 4uIn.