Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-16
THE RUPERT WILL.
Its Provisions Are Sustained by the
Verdict of the Jury.
JUSTICE BRADLEY'S CHARGE.
No Evidence to Show That tho Deceased
was Mentally Incapacitated-The Counsel
for the Will Submit Their Case without
Argument-An Appeal Likely.

As stated In yesterdays STAR, the testimony
in the Rupert will case closed yester-
day afternoon. Each side then sub
mitted the usual number Of prayers,
some Of which failed to receive tho ap.
proval Of Judge Bradley, and at few minutes
to o'clock Mr.. Leon Tobriner. for the cavea-
tors, began the final arguments in the case,
Judge Bradley explaining that each side would
| be restricted to two hours.
Mr.. Tobriner, referring to Christian Rupert
as q miser, whose whole life was given to the
accumulation Of money, asked the jury to con-
| slider whether it was probable that such q man
would. uninfuenced, devote the great bulk Of
his estate to the formation Of great charity. II
was not claimed, said Mr.. Tobriner, by the
caveators that Mr.. Rupert was lunatic, but they
did contend that after the fire in December.
and brooding. 1t was significant fact,
said Mr.. Tobriner, that those who
had testified that they saw no change in Mr..
Rupert were those interested in the charitable
requests Of the deceased and those who had
observed him only those occasions when
m entail faculties.
MRS. wIKGMAN's INFLUENCE.
Referring to Mrs. Wiegman's connection with
the will, Mr.. Tobriner claimed that she did
influence Mr.. Rupert and that her expecta-
tons were the possession of the 9th street house.
She went to that house as q housekeeper,
but in short time thereafter and
ever afterward, remarked Mr.. Tobriner, "what
she said went!'' Contrasting the treatment Of
Mrs. Rupert had remarked that she
''was nothing" in that house-so, it
was idle nonsense, claimed Mr.. To-
briner, to say that Mr.. RUPERT was not
under the complete control Of Mrs. Wiegman.
But more than that said Mr.. Tobriner, Mrs.
Wiegman was continually poisoning the mind
of Mr.. Rupert against his relatives. forever
telling him that they cared not for
him. but alone for his money, which
they hoped and expected to get at his death.
Much as had Mrs. Wiegman said against his rel
atives the woman, said Mr.. Tobriner, had said
poor, infirm old woman, who had day and night
worked years to help build up the fortune Mr..
RUPERT left.
MR.. SIMON VOLTS POWER
1t would not do. continued Mr.. Tobriner, to
say that Mrs Wiegman. because she was left
but $4,000, did not influence Mr.. Rupert. for
although she might not have obtained
all she sought, it, nevertheless, re-
manned that she did wrongfully influence
him. Where Mrs. Wiegman stopped some one
else stepped In, and that person was Mr.. Simon
Wolf. Mr.. Wolf had explained that he took
little or no part in connection with the fire In
December, 1890, yet he had put in o bill
OF $3.50 for services in connection with it. And
Mr.. Wolf, stated Mr.. Tobriner, had said on the
stand that in connection with the will he had
acted more as personal friend, but for his
friendly services he charged the estate $780,
Mr.. Tobriner said that the executorship
under such will was one no LAWYER would re-
fuse, for It meant about $4,000. The fact
that the will had been made was kept from the
init IN fria ls
mary OF the circumstances incident to the exc
cution OF the will, he said all pointed to Mr..
Ruppert having been controlled by Mr.. Wolf.
Mr.. MATIINGLY WILLING TO SUBMIT
Mr.. Mattingy, for the propounders Of the
will. said that they did not desire to argue the
case and would submit it to the charge of tho
court.
The court said he understood that the cave
ators abandoned issue Us to the mental capacity
Of Mr.. Rupert
Mr.. Worthington answered that they did not
claim that he was continuously unsound, but
that there were times when he was Of unsound
mind. and one OF the questions was whether he
was Of unsound mind at the time Of its exc
cution.
JUDGE BRApLEYs REMARKS
The judge remarked that there was little
left him outside OF reading the prayers, which
he read to the jury, and said that the burden of
proof as to sanity was on the caveators (plain-
tiffs) The law comedies the right of disposing
Of his own property to every man. and the only
person who could not be set aside
absolutely was the wife, and from the
fact that she was not party TO
this suit it would be presumed that the will was
satisfactory to her. The question of the execu-
ton OF the will having been procured by fraud
was ruled out by the court, who held that there
was no evidence to sustain it. Such evidence
rs would Justify the jury sustaining the issue
on undue influence should show that by such
influence or coercion the act Was not that of
the testator.
As to the want Of mental capacity, the evil
dence must go beyond a mere suspicion. 1t
was not enough for them TO believe that oppor- |
tunlties existed for the practice Of undue in !
fiuence, but they must believe that such in |
fuence was exercised and that the circum- |
stances show that such influence substituted the |
mind or will Of Mr.. Wolf. Mrs. Wiegman or |
other person for the mind Of the testator.
They should consider all the circumstances |
which took place before, after and at tho time |
OF the execution of the WILL and they should |
be satisfied that the mind OF testator was under
the influence Of Mr.. Wolf Mrs. Wiegman and |
others and his will was controlled by one or |
more of them.
1t was claimed that Mr.. Wolf had control of |
the testator, for he (Ruppert) believed that Wolf
knew that the fire at the store was incendiary.
but to justify the conclusion that Rupert |
evidence and circumstances leading to such |
conclusion. II Ruppert was guilty they |
must find that Wolf had knowledge of the |
fact from evidence that he not only might |
be guilty, but that he did set fire to the place
There was no evidence except that Of Upman. |
who had proclaimed his rascality in the court |
room, and would do any act He felt il /
his duty to characterize him, and had |
he been in the Criminal Court he |
would have directed the marshal to
have taken him in custody and hold him for the |
action of the grand jury. This man said that |
Mr.. Rupert told him that he had set fire to |
the store, bu: he did not believe |
that Simon Wolf knew Of it. il Wolf |
was not aware of that insinuated rascality |
and OF the fact that because of it he |
had such influence then one Of the props was |
wanting. There evidence to Justify the |
casting Of this aspersion on the deceased. i
whose mouth was sealed. They could believe |
Cpman or not, for what he (Upman) thought |
was not to the point.
The caveators took a number of exceptions
The jury found a verdict sustaining the will /
after thirty-five minutes delberation.
The case will be appealed.
An Evening on the Potomac.
At $50 this evening the steamer Harry RAN |
dali will leave the 7th street wharf with a great |
many friends Of the Parsonage Aid and |
Woman's Home Missionary Societies OF Ham |
line Me Church on board. No down-riyer |
iyfyi Ia 10 .v 40