Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1893-05-08
W ALLKNGFORn.

The Parlnelee Will Case he Decis-
ion of Judge Davis in Favor of tho
Contestants - other Matters of In
terest.
Judge Davis of Meriden has notified the
clerk of the probate court here of his de-
cision on the Parmelee will case, and 1t Is
in favor of the plaintiffs, or heirs, Mrs. G.
]. Psrmelee and Mrs. O.. H. D. Fowler, and
sets aside the will on the ground that the
deceased was of unsound mind when the
will was drawn. Following are tho main
points of the written decision:
In arriving at my conclusions I have taksn
into consideration the instrument itself and the
condition of mind of the testatrix at the time the
instrument was executed.
Mary Parmelee died leaving "a her natural
heirs brother and sister. By the terms of the
will these heirs are practically disnheritsd. Her
such manner to prevent the enjoyment of
any portion Of the same until they became of ags
and free from the control Of their parents.
All the testimony showed that the kindsat and
most loving relations existed between the tesla
trix and this brother and sister except as here
matter referred to-: For many years they had
every want. attending to much of her business
affairs, always solicitous for her comfort and
welfare. This the testatrix realized, aud many
times expressed her love for them and desired to
have them near her.
Testators not expected to EXCLUDE from
their bounty their nearest heirs toward whom
they entertain feelings of attachment growing
out of personal kindnesses. The evidence does
not disclose any sufficient reason why this tesla
It is claimed a letter written to her by Mr..
Fowler-her brother-in-law-in September, 1881
caused her to disinherit her sister (his wife, Il
does not appear that she ever had any difficulty
with Mr.. Fowler aside froan this letter or that it
In any manner affected her relations with her
sister. have given this letter careful consider
alton in the LIGHT of the relations of r,I-
at the time it was written, and am of tae ocinion
that it contains little if anything which would
naturally provoke person Of sound and reason
able mind. Though formal in character, 1t was
kind Ia substance and intent and should have
SO considered In the case of the brother no mo-
tive is urged for the di5inheritaBce.
The evidence discloses that Mary Parmsles has
been an invalid for eighteen years. Before her
fathers death, which occurred in 1888, she was
subject to nervous turns which necessitatsd great
care upon the part of her family to prevent her
doing herself bodily injury;
Instances were testified to which showed that
she labered under great mental excitement at
times, and on few occasions she used express
sions which indicated she was a. least tempora-
rily mentally unsound
At the time of her fathers death she was alone
in che house and male the discovery herself
Witnesses testify that in their opinion she never
recovered from the shock. For nearly a week
she scarcely closed her eyes. Her life after
wards was life Of increasing pain and suffering
to its close.
do not care to detail the evidence as testified
to by those who saw her naost. 1t n sufficient to
clearly that she was mentally unsound Her fire.
quent reference to her connection with her faith
ers DEATH suspicion Of her nearest friends al
lusions to attempts to poison her, sleepessness,
wild and frightened expression OF eyes, morbid
excitement and depression, confusion Of ideas,
50 abundanty testea to bS the SEES ss
not be explained to my satisfaction upon any
other theory than that OF mental unsoundness.
selves are consistent with sanity, but taken in
combination they cannot bear any such con-
The remaining question is, did her menta, un
soundness exist at the time the will was executed,
January. 1898.
ten visits in June Of that year, and seeing her
twice afterward. In his opinion she was mental
~ unsound then and incurable, the impairment
OF her brain resulting from her feeble and de-
biated bodily condition.
II this diagnosis was correct the presumption
is that the unsoundness existed at the time the
will was executed
At that time sheswas confined to her bed, q
mere skeleton in body and the constant care of
her nurse both night and day.
The nurse testified that near the date of the
execution Of the will she was subject to many
and bed covering which were not there, also
persons in the room and outside who were not
there, whether upon the exact date of the will
the nurse could not state. Frequent screaming
both night and day, calculations without mead
ing, thinking people would think she was insane,
pressed by the nurse that az times In her opinion
she was Incapable Of making will, coupled
with the testimony Of her brother and sister who
were with her daily, leads mo to the conclusion
that DR.. Mcaaughsy was correct in pronouncing
her incurable.
Her unnatural suspicion Of the honesty of her
brother In her money transactions with him,
such as the pocketbook incident, her expression
of opinion that he did net do enough for her and
asking Carrie not to go back on her if Charlie
did take her to the asylum all occurring at about
the date of tho will, consider very important as
showing she had no capacity at that time to
weigh her relations with this brother and sister,
or to saneIy consider her feeling toward them.
Our courts have said the burden Of proof SHOW
ing the testatrix was Of sound mind when she
made the will rests upon the prcponent. think
they have failed to sustain the burden the law
casts upen them
The Case was thoroughly tried. L. n.
appsared for the executor and e.
P, Arvine of New Haven for the contest
ant.
Dave Eakins Of the Ramblsrs Cycle club
has told his friends of his mishap in break
ING his wheel, while following the relay
riders to New haven early Monday morn
Ing, but has bsen very csreful not to tell
about how he had to back his wheel for
long distance into the city, or how he was
by an Elm City policeman who
he was ''orook," and was carry
ing away stolen property, or how the mat
ter was explained to the satisfaction of the
officer.
The Everest school ball nine of Hamden
,ame up here Saturday and played game
With the high school team on the Associa-
ion. ground. The Hamden boys were
BADLY defeated by score of 90 to g..
Frank Morris of6oiatsd as umpire. The