Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1893-04-27

Woho uls Will dnO nave 1CS provisions
carried out. It Is important that
every man In the county and state
should know that they have right to
distribute their property as they may
see fit.
Mr.. Sheppard then arose, addressed
the Court, and said that in the di-
vision of the labors of the caveators,
case 1t had fallen to him to argue on the
evidence, while Judge Pancoast would
speak upon the law surrounding the
case, and such comments as he desired
to make upon the evidence.
The caveators case was then ex-
planned, the object OF the litigation
was shown, and the object was a
broad one. Mr.. Sheppard argued
that there was:no dispute of previ-
Gus will existing, and the caveators
contended that If Mr.. Cook was In.
capable OF making new will, he was
incapable of destroying the existing
one, which was made when he was in
sound mind. If the caveators could
show the contents of the former will,
that instrument, under the law, could
be established, and the provisions put
In that will. can be carried out. ANY,
thing else would be travesty of JUS
tice. But the caveators stand now Is
that at the time of his making his last
will, Mr.. Cook was incapable of exc
cutting such an instrument. The after
considerations will take care of them
selves. Mr.. Sheppard then argued
that an equal distribution of property
was sometimes the rankest injustice.
inasmuch as during the life of the
testator, one child might have received
more assistance than others, while
other children might not haye the
same opportunity of caring for them
selves. This last will, Mr.. Sheppard said
made four equal shares, and appointed
three executors to divide the property,
just what the law provides for. At
this point Judge Pancoast broke In
with the remark that he would argue
that this will was the strongest evil
dence of Mr.. Cooks imbecility.
Mr.. Sheppard then called attention
to the provision of the previous will,
which provided that Augustus should
receive more than Orestes, and Mrs.
Lizard more than Mrs. Sheppard. And
there were reasons for this, argued Mr..
Sheppard. The counsel also claimed
that there was never any influence
brought upon Mr.. Cook to make
change in his will, until he was in fail
ing health, and OF unsound mind.
Mr.. Sheppard began directly to
make matters interesting in his review
of the testimony, by claiming that
Augustus Cook and Mrs. lizard were
not In any way more cruel or unjust
to their father than Mrs. Sheppard
and Orestes were. Mr.. Cook was in
snch a condition of mind that his
children were obliged to restrain him.
and If Mrs. lizard and Augustus re-
strained him, more than Mrs. Shep.
pard and Orestes, it was because the
former had more sense of the proprie.
ties of the occasion. The advanced
age and feebleness of Mr.. Cook, it was
claimed, together with heart trouble.
rendered him very weak mentally, and
reviewed mass of testimony In SUD-
port of the assertion.
THURSDAY MORNING,
Immediately after the opening of
court this morning, Mr.. Sheppard re.
sumed his argument on behalf of the
caveators. He dwelled largely upon
the testimony that had been offered
showing that Mr.. Cook was mentally
insane. Mr.. Sheppard claimed that it
was the multitude of little Incidents
before and about the time the will wss
made, that would prove the mental
capacity of the man. There were
incidents recalled bv
Mr.. Sheppard from the testimony to
show that Mr.. Cook was entirely nm.
balanced, and If SO was incapable of
making a will. Mr.. Sheppard was
speaking when court adjourned for
dinner, and Judge Pancoast will
consume much of the after.
noon session with his argument.
AY.MoRNING.
All yesterday afterooon the argu-
nent in the Cook will case proceeded.
Mr.. Sheppard gave way early In the
afternoon to Judge Pancoast that he
might catch the afternoon train. and
resumed after the Judge had spoken,
Mr.. Sheppard spoke hours before
the Court on the Cook will case. and
himself almost entirely to
the evidence. Mr.. Sheppard showed.
as he understood 1t, that Orestes Cook
and Mrs. Fannie Sheppard used all
their subtle influences In endeavoring
to make their father make new will
which would give them an equal share
IF HI nNkxv