Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1893-04-27
BRIDGEToN, N. j., THURSDAY. APRIL 27, 1893

@AAAs Oooh hdo dA luCh tuh
his daughter, Mrs. Sheppard. wal
aoout to become a Catholic. He die
not know his daughter, Mrs. lizard
and thought she was the Presicent'l
wife. He asked Mr.. lizard when ht
became President, II he would ALLOW
MIN, Mr.. Cook, to be his boot blac k
He would run away from home bare
headed. He attempted to get hatch
cts and knives In his possession, and
made many threats. At one time Mr.
Cook attempted to jump from a Gee
ond story window and got his head
and body outside, when he was caught
and pulled back. This led Judge
Pancosst to remark that If Mr.. Cook
had accomplished the jump, Orestes
would not now have this will to fight
for. This was the tenor of the evi.
dence Mr.. Sheppard called the at.
tention of the Conrt to and evidently
felt satisfied that he had made an i'm.
preston upon the Court.
Judge Pancoast made one of the
most elaborate and strongest argu-
ments ever heard in the Court room.
He treated the matter impassionately
and made a great impression upon
those within the hearing of his voice.
de felt that there was no need of
his calling attention of the imbecility
OF MIR. Cook. In his sickness, his
physician did not prescribe for insan-
ity. 1t was known then that his mind
was total loss, and beyond the help
OF medicine. Mr.. Cook was a man
past four score, and when his mind
broke 1t never mended, and went rap.
idly down until 1t was an entire blank.
When Mr.. Cook was In his right mind
he made four wills, and In every one
OF them he gave Mrs. lizard and
Augustus Cook more than the other
two, and rightfully to, for Orestes had
been provided with learned profess
sion. In that right stateof mind Mr..
Cook always favored these two child
rem, and 1t was not until Orestes Cook
and Mrs. Sheppard found him in his
1mbecility that they impressed him
with the fact that his writings-mean-
Ing the will-were wrong, and that
equality was the only thing that was
just, and on the day the will was
made, -dr. Smith was obliged to speak
tor Mr.. Cook, as he was unable to
speak for himself.
The Judge argued that the will was
a meaningless one. 1t provided for
nothing but what the law provides
for, and three executors appointed by
Mr.. Cook, are not given single power.
not even the paying of the funeral e1.
penses. The Judge said he would
hazard the assertion that If the old
man Cook could be called from the
grave and showed the will In dispute,
he would say, II never made such a
WILL"
The speaker then recalled the cir
cumstances under which the will was
made, and declared that they show
that the old man was not mentally
capable of drawing the instrument In
question. He declared that if the
lawyer who had drawn the will had
the thing to go over again, this will
would never have been made.
Mr.. Pancoast caused the cross-ex.
animation of Orestes and Mrs. Shep-
pard, and then declared that they
found their father sick and with heart
disease and attack of insanity, the
fruit was ripe and they proceeded to
gather 1t, and when they found day
he was strong enough to be put
through the work, the new will was
drawn. The Judge contended that If
left alone the old man would never
have drawn the present instrument.
If Mr.. CooK had whit of sense he
would have made will so that his
four quarrelling children would not
have now been quarrelling. His will
that went In the flames, would have
stood for 1t provided for the proper
distribution of his property.
Reciting some authorities, Judge
Pancoast suddenly burst out with
sand / beg, yea demand, of this Court
that the will of David Cook shall not
be set aside, and the will OF another
substituted" explaining that David
Cooks own will was the one destroyed
by the flames.
There is reason in his making the
other former wills providing definite
of his property to his dis
agreeing children, while there is no
reason in his making this will in ques.
tion excepting that it be a shield to
cover up the will destroyed in the
flames. There is not a dollar to be
gained in this contest for the cavea
tors, as there was no hope of recalling
the destroyed will, but the Judge said
he spoke the sentiments of the cavea-
tors when he said that they would