The Providence news. (Providence [R.I.]) 1891-1906, 1893-04-07
Children'S Dread Of Publicity Of a
Trial the Cause.
THE WILL AND ITS PROVISIONS.
How the Appeal Was Originally Taken
Because Dr. Graves the Original Ex-
ecutor Was Under Indictment for Muir
der-Ihe Es ate Now Goes to the Lega-
tees According to thu wiil-The Execu-
tor Not Allowed to Qualify.

The famous Barnaby will case was set
tied this morning by the simple act OF
affixing the signatures Of the attorneys
for the opposing sides, who have come
TO an amicable agreement.
The will of Mis-. Josephine A. Barnaby
was filed for probate in March, 1892, by
Stephen o. Edwards, administrators
with the win attached Of the estate" An
appeal was granted by the municipal
court from the probatine of the will, by
the attorneys for J. Ii. Conrad and the
daughters of Mrs. Barnaby, on two
charges, namely that Mrs. Barnaby was
non compos mentis and incapable lof
making will, and secondly it was al
legged that she was unduly influenced in
making her bequests.
Uuder the will 4. Thatcher Graves was
ram,d as executor, but tie court refused
60 allow him 10 qualify because he was
under indictment for the murder of Mrs.
Barnaby and Mr.. Edwards was APP
pointed administrator.
Since the appeal large amount OF
testimony has been taken in anticipa-
tion Of the case which was TO come up at
the present term OF the court. During
the past two or three months, however,
MIR. Edwards and Messrs Colwell and
Barney with the ultimate aim in view
OF settling the case ont OF court IL posi-
BILE.
Tomorrow the jury docket will be called
and by urgent efforts OF the attorneys the
settlement was reached last evening.
Mr. Edwards was notified by Colwell and
Barney that they were ready to
Make a Settlement.
~. IA
papers and Colwell aud Barney, counse el
for the appellants. signed discontinu-
ance OF the appeal from the decree of
the municipal court probatins the viii
of Mrs. Barnaby.
clerk of the supreme court aud a certf
cate of the probate appeal was filed with
the municipal court.
BY law therefore "the suspension of
tie operation OF the decree probatine
the will upon fling the certificate ceases
aud is removed aud the original decree
stands AMI takes effect AS II no appeal
had been taken"
The lawyers for the Co olrads and Bar
nabys are Colwell S BarIey, Cyrus Van
Slyck and o. l.. B,sworth; for Mr.. Ed
wards as administrator the LAWYERS
were James M. Ripley, Edward ID. Bas-
sett and John 4. Blodgett. Mr.. Blodgett
was originally the lawyer for the Wor-
rells, and Mr.. Bassett tor the Benefits
The legal reasons for the appeal, as
stated above, are further expl aiued by
the fact that the appeal was taken to set
aside the whole will With the supposed
intent, on part of the appellants tnat II
the will were set aside, all the property
would 20 To Mrs. Barnaby' heirs, namely
her daughters.
But il is supposed that the main point
of objection by the family was to Dr..
Graves, VINO BY tne will was TO receive
$4,000, or about one quarter OF the who 10
es ate.
Since the appeal was taken Mr.. j. III.
Conrad has bought up the rights Of T..
s. Worrell as legatee, aud it Is currently
rumored that some one has m ade ad-
vauces to others of the legatees, but
nothing has thus far been dom in the
direction of securing a settlement, SO far
as is known.
The case has been given worldwide
publicity, which has caused much regret
10 the daughters of Mrs Barnaby. In
fact they were opposed TO the appeal and
always have been.
Had IL not been that one OF the legatees
under the will was under Indictment for
the murder OF Mrs. Barnaby they never
would have consented to an appeal being
taken.
Now, however. tb nave decided that
further publicity would involve them toe
much, auu rather ,aian submit TO "A tria
In which all the details of home lie aud
their relations with the dead would bt