The Newtown bee., 1892-01-22
FAIRFIELD.
THE PERRY WILL CASE.

The evidence in the Perry will case was completed, Saturday and the law yers were given till this week Satur- day to file their briefs with Judge Glow CT. Miss Annie B. Sturges, her mother, Mrs Henry Sturges and brother, Dr A.B. Sturges were the remaining witnesses for the contestants and all were equally confident of Mrs Perry's incapacity to make the codicil drawn up by Judge Hollister, December l. Mrs Sturges tes- tified that Mrs Perry told Judge Hollis ter that the rest and residue of her es- tate was all right; it would go to the
 family, but Judge Hollister said that it was better to put it down in black and white. The judge had to get close to Mrs Perry's ear and talk very loud.
 She said that she could hear, but not comprehend what was said. She was not naturally deaf. Mrs Sturges, widow of Mrs Perry's brother Henry, knew Mrs Perry intimately and was with her for nearly nine weeks before her death, much
 of the time night and day. On the morn ing of December l, after the nurse had
 given her a drink of milk, Mrs Perry said, "Send Judge Hollister." The nurse left the room and Mrs Sturges went di- rectly to Mrs Perry and asked, "Do you want to send for Judge Hollister?'' Mrs Perry replied, "Yes, I think too late," speaking slowly and with difficulty, af- ter which she fell off to sleep again. After a time, Mrs Sturges went to her and ask ed again, "Do you want to send for Judge Hollister?' "Yes, bring papers," Mrs Sturges went to her son, Dr A. R. Sur ges, at the post office, about 10 30 m and told him that "Aunt Harriet wish ed him to send for Judge Hollister and drawn, Mrs Sturges was with Mrs Perry constantly, three days and two nights. Mrs Perry was perfectly quiet, didn't know anything and took no interest in household matters. nor anything that concerned her. Mrs Perry did not know
 Mrs Sturges for two or three days before the codicil was drawn and was no better, gradually failing. She had no memory, or mind sufficient to transact business. If spoken to or if sthere was disturbance, Mrs Perry was afflicted with nausea. To the "Good morning" of Mrs Sturges, Mrs Perry made no response, nor demonstra- tiOn whatever. Since July or August, Mrs Perry had seemed to feel uneasy and to be sick. During the Summer, Mrs Perry did not visit Mrs Sturges nor t. tend church as frequently as usual, but kept on with her missionary work. It was not usual for Mrs Perry to speak of her private and money affairs. She nev- CT spoke to Mrs Sturges about Judge Hollister, but sent for him without sug- gestion from any one. Mrs Perry gave no signs of recognizing any one on the morning of December l, the day that the codicil was drawn. There might have been times when she could have been reused to recognize voice, but was not capable of operations of the mind Mrs Perry's failure had been gradual, but she grew worse from the Sunday after Thanksgiving. She had not seen Judge Hollister, previous to December l, foI Is years, when he drew her will. Dr Dunham said in calling, ,''Don't you talk
 Let me do the talking" Dr A. B. Stur- ges, Mrs Perry's nephew, always consid, cred her a strong minded woman able tc attend to her own affairs. She would ask him about some security, but always decided about investments herself. The doctor saw her, November l, but not af- ter that until December l, the day Judge Hollister drew up the codicil. He took pr Wells to see Mrs Perry, Thanksgiving day. His mother called at the post office
 December l and said Mrs Perry wanted something, but all she could make out was Hollister, New Haven, papers. He telegraphed in Mrs Perry's name, "Come to me to-day and bring my papers. Dr says my time is short.' About , 30 that day, his sister came to the post office and said Mrs Perry had made him executor and Judge Hollister wanted him to come to the house and bring some one with him as witness. He got Simon c. Sher- wood and, at Mrs Perry's, Judge Hollis ter took him aside and asked if he knew how much his aunt was worth. Dr Stur- ges said that he did not know. The judge said that he could not make out from book of Mrs Perry's, but thought that it was $90,000. He had made the codicil as near to Mrs Perry's ideas as he could get at them, but was not at all certain that it was as she wished it. Dr l,s~ act as executor with him. Judge Hol. lister, MT Sherwood and the doctor went up stairs to Mrs Perry's sick room. The doctors sister asked if Judge Holliste1 wished Mrs Perry reused and she and the nurse propped her up with pillows, supporting her from either side of the bed. Judge Hollister handed Mrs Perry pen, but she was not able to write and Miss Annie B. Sturges tried to help her
 Judge Hollister said, "I guess I can dc that better than you," grabbed Mrs Per. ry's hand and finished the signature. The nurse and s. c. Sherwood signed as wit. nesses. Judge Hollister said to Mrs Per. ry, "You know this to be a codicil to your will that you have signed" He re- peated the question three or four times. but Mrs Perry made no reply. Dr Stur- ges accompanied Judge Hollister to the station and the Judge remarked that he thought it doubtful,if protest was made, whether the codicil would stand. After Mrs Perry's funeral, E. c. Sherwood, no tary public, went to her house, but both s. c. Sherwood and Mrs Perry's nurse, witnesses to the codicil, refused to sign +h1,r f,H