The Windham County reformer. (Battleboro, Vt.) 1876-1897, 1893-09-29
wINDHAM COUNTY COURT.
Warm fight Over the TimsOn vii
Case Snstained.-The Bogus Check Case
Now just n Yearling,

A Warm fight Over the Timson VIII
| Case Snstained.-The Bogus Check Case
/, Now just Yearling.
The Tlmson will case occupied about sever
days IN the trial. The proponents represent
| ed by Chester Il Perry, executor, claimed and
Inc evidence tended to show that Mrs Clark
Timson made her will on tie 10th day of Jan.
uary, 1892, giving her property to the Dover
and P0ndville Baptist churches In equal shares
and prescribing how 1t should be handled and
conducted from time to time; that Il was
duly executed and that her mind was In a ties.
tamentary capacity at the time of the execu-
ton OF the will; that her husband, who died
Jan 10th, 1902, ,willed his property, mainly, to
the same churches; that they had no children
and had earned between them all the property
they had by frugal and industrious life |;
that 1t had been talked over between them for
years that these churches should have what
ever might be left after their decease: that
the $l100 of which she died possessed was
deposit In the savings bank and little per.
S sota, properly ana was the common earnings
Detweeh them. The contestant. John
Moore OF Newfane, brother of Mrs TImson.
claimed and his evidence tended to show that
Mrs Ilmson's mother nearly 80 years old and
a sister who were poor and living together
near the testatriX at the time of making her
VIII and were naturally the objects of her
bounty but were not mentioned in her will
nor were her other sisters or brothers; that
Mrs Timson had the La Grippe 10 1890, and
from that time began to fail physically and
mentally; that her husband was taken sick I'm
the summer of 1891 with hi art disease, and
grew worse until he died January 10th, 1899.
and during his said sickness Mrs Tmson
manifested "freaks" OF insanity, would talk
strangely ard look and act at times as though
''she did not know what she was abour,' and
as some witnesses stated 1t ''sne acted con.
fused" and was not of a sound, disposipp
mind and memory. Mr. and Mrs Tmson lived
10 WillIamsvlle, and the people there seemed
to be somewha, divided, for nearly thirty
witnesses from there testified and about half
OF them said Mrs Timson's mind was clear
and all right. while the other half said 1t was
unsoupd, and they all appeared to be honest
and Intelligent witnesses. In justice 1t should
be said that Mrs. Alice Morse and Mr.. and
Mrs. John H. Merrlfeld, and others might be
named whose testimony was SO clear, intelli-
gent and convincing and their opportunity of
knowing Mrs. Tlmson intimately for many
ears and giving 1t as their opinion that she |
was of sound mind was evidence that the |
contestant was unable 10 overcome. There |
was some evidence that she was under the |
influence OF her husband and that he directed |
what her will should be and that this In
1uence continued after bis death so that It |
really was not her will. Thejurv rendered a
verdict Tuesday afternoon In favor of the |
sustaining the will. Waterman
Martin & Hit for proponant, Haskins &
Stoddard and Judge Read for contestants.
E Mills & COY James Kiniry. This was
IN action of repIevin for two horses. God.
lard buggy and pair of harnesses. The plaiE-
IFS were In September, 1902, horse dealers
II Boston, carrying on a large business IN
)uying aud selling on their own account and
N commission for other dealers. September
6, one 7 HARE came to their stable and
wanted to buy pair of horses, and finally
elected a pair that suited and the price was
greed upon at $500 cash. He then wanted
o buy buggy and they showed him a fine
me and sold that for $3.50. and went with
i'm to harness store where he bought a
'ar Of double harnesses. Later In the day
e came again and drew two checks, one for
900 for the horses and one for $3.50 for the
uggy, both on the Ware National bank
Vhere be had no money deposited and ever
ad, aud handed to Mr. Mills, took the team
nd drove of. He had previously given
heck for the harnesses. On the same day
Q went to other horse marts in the city and
ought other teams. giving checks for them on
le same hank. and that evening collected his
'ams, being eight horses in all. with wagons
nd harness, at Waltham. He had compan- I