The Providence news. (Providence [R.I.]) 1891-1906, 1894-11-01
THE WILL FIGHT
Postponed Until Next Week.
Documents Wanted.

The contest over the late Judge Eli
Aylsworth's will has been continued Till
o'clock next Wednesday afternoon.
Little was accomplished at the con-
tinued hearing in the Municipal Court
this morning, most OF the time being taken
up with arguing on objections.
There were more witnesses in readiness
than yesterday and the continuance of
the case is exactly suited 10 the contest
ants counsel, who aver that the m ore
frequent the delays the mere witnesses
they will have.
The forenoon was spent in cross-examin-
ing Lawyer Thomas &. Greene, the most
important witness yesterday, who acted
as Judge Alyswo this attorney
in drawing sup the wills. He
submitted rough drafts of the will offered
for probate, made before the Will was ex-
ecuted, also copy of the will and codicil
made from papers in his possession at the
time, and knew OF no other papers in
existence.
In reference to the will made in 1888, the
witness said he knew of no will con-
tanning so many different provisions, al
though he had made wills a number of
years. Considerable argument arose over
Lawyer Browns question as to whether
witness had ever seen such peculiar will
as that OF 1888.
Judge Sphinx ruled that all wills are diff
ferent and Lawyer Ripley suggested that
the WA of 1888 was not the one on trial.
Judge Sphinx sustained Mr.. Ripley.
Continuing. Lawyer Brown insisted that
the original wills ought to have been in
evidence, hut they had only lad the copies
and then followed lively tilt on
N ba i.rtt le
in or not, copies only having
been submitted. Lawyer Ripley would
not name the hour when the originals
would be produced, and claimed that il
the counsel for the other side would not
consider the wills "in" under the cir
cumstances they had no right TO cross
examine. Lawyer West said: az We will
cross-examine just the same"
In answer to Lawyer Brown, Mr.. Greene
said that the words in the will of 1892 did
not all come from Judge Ay lsworth's
lips.
"All the provisions relating TO the
amounts of the annuities were
taken down as he wanted
them. TIE scheme got en-
tirely from him. The preamble j copied
from the will of 1888 and took all the APP
plicable clauses from that win. He told
me be wanted some changes made in the
trustees, that he was very much inter-
ested in Mr.. Jefferson; he told
of no relation between Mr.. Jefferson's
father and himself; there was nothing
said about Mr.. Jefferson being unusually
young; Judge Aylsworth did not want
much advice; he was somewhat arbitrary;
when he wanted thing he wanted it,"
Witness was asked about the will OF
1883 again, having said there was some
thing in there he did not want, and then
occurred another long harangue. Law
yer Brown said that that viii was the
most remarkable paper ever seen in
Rhode Island. Judge sphinx thought
they had better put the
will OF 1853 IN evidence, in order TO cross
evamino on il and not assume that it was
remarkable. The contestants counsel re-
fused to consider copies competent and
Lawyer Bassett claimed them, saying get
US not burden you with them.n
Then it was decided that the originals
of the two previous wills should be pro-
duced as soon as possible, after fighting
about n so-cailed agreement yesterday
that the copies should serve.
Witness Greene said that he would not
introduce provision into any viii which
he thought unlawful.
Objections kept arising owing to the
absence of the old wills and the case was
adjourned.