Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-03-15
JOHN BLYTH'S WILL
HeaTIn This Day Oh The Petition to
SCI Aside the Probate.
TESTIMONY OF TIE WITNESSES.
II Is slated That The Deceased was OF
SQUAD Mind When llo Signed
the Instrument.


In the probate court this morning
the hearing began on the petition 10.
Gently filed by Charlie, Blyth, by his
guardian, Margaret Mckay Blyth,
praying that the order Of the court
entered on May 20, 1902, admitting
the will Of John l.. Bly,h 10 probate, be
cot ABIDE. A oJpy Of the will OF the de.
ceased was published In full In the
Nkws about ten days ago. IL l.
Get forth IA the petition that the
Instrument In question was not Ia 9
latt will sud testament VI the late Mr..
Blyth, iuusmuch % at the time
u was Executed he was 70 en-.
iceblei by disease aud confused Ia
mind, by reason Of his situation and
circumstances, that he could not have
executed II uudefstandlDgly. All tho
next Ut kin and heirs ut law Join In
the petition.
Attorneys Zane & Zane aud Attor.
neg John NJ. Cannon represent the
iniuor huit Ut the deceased (Chaflrs
Blyth) AMI the rest Of the heirs Vt law;
Attorney Lu Grand Yuung appeals for
the executors and trustees under the
will and the other beueficlafies, with
the exception Vt those before referred
10.
Attorney Lc Grand Young prepared
aud now pat In Au answer on tbs part
Of the respondents to the petition, In
which u general denial u given to
most oi the allegations Of the petition.
ere,
The hearing was set for 10 O'Clock,
but the adjustment VI sundfy pttllmi.
uafles took somu time anu II was near
ly II before n start was made.
Joseph T.. Taylor, Onu Of the wit.
nrssss 10 the will, was ffst examined
on tue stand aud testified that he was
acquainted with the deceased In his
Lifetime. lie saw Mi. Blyth sign tho
viii produced, and 10 witneas's question
whether that was his last will anu
testament hp said II was and that hs
slguc1 II freely AMI Voluntarily. Tns
deceased sat up Ia bed In order 70 Sign
his name 10 the Instrument. Mfs.
Blyth (tho widow, Mr.. Ho,sltef (Onu
VI the executOrsl, Mt. DAVID w. James
Zone Of the Witnesses 10 tho
WIN, aud one other person were
/ present ut tho time. In Witness
| opinion tho deceased was In iull
/ possession VI his mental faculties NJ
the time. In reply TO Attorney j. NJ.
Zane, witness said no dii act Temem.
Dor whether either OF the executors
read tho several clauses Of the will
/ Over " tho deceased before he signed
/ q. Deceased had previously told MIN
In conversation that no had made
ample provision for every member Of
| hlH family this was not lUng before
the making Of the will. Witness was
/ not acquainted with the contents OF
the viii, but Mt. Blyth hal informed
him Of his desir, aud calculations o..
peoially In regard 10 Temple work, la
which no had taken deep Interest
ML RIHsilcf had asked him on tho
morning VI the day on which the will
was signod 10 be- n witness to the same,
ho being close friend OF Mr.. BIZ tn.
lie uid not believe the dUceAsed'a mind
was deOillIalud QUO particle, but be-
| liuved that he was quite capable Of
understanding the tcrms Of u Will OF n
complicated character SUCH ~ this one.
DAVID w, James testified that he
was intimately acquainted with the
| dtcrased anu signed the Will as one Of
! the witnesses, having been asked 20 do
] 30 by Mt. Rooster. WttneHtHtw deceased
attach his signature to the will after
answering Mt. Taylor that he signed
II entirely Of his own accord. De-
ceased thanked MI. raylsr anu him.
self for their services on tho OccA-
sion. From what wltnes, saw OF
the deceased he should certainly say
that at that time hu was Of sound mind
aud talked aud answered the questions
put to him as clearly aud intelligently
~ usual He appeared, however, 10 DO
physICAily weak.
Mr.. Zane wa, about 10 question the
witness In regard ~ the rulatiO "A
which existed between the deceased
anu Mt. R1ssiter, one Of the trustees,
when Attorney LeGrand Young oh.
iecled. Mr.. Zane said that what he
aimed g. show was that Mr.. ROsslteT
was the confidential friend anu agent
OF Mf. Blyth, aud n such were the case,
then ID was incumbent upOn Mr.. RIOS.
liter to show, without regard 10 the
other trustee, that the signing VI this
will was absolutely the free act OF
the deceased, anu that at the time he
was Of scum mind anu memory. IL
was not, however, claimed that any
UNDUE Influence was useI by either VI
the trustees.
Witness answered that ho did not
know whether Mr. Rossittr was the
deceafed's agent at that time, but he
knew them 10 DO warm personal
| friends. Deceased did not fail to
eanswor any Of the questions put "
| him, nor did hb stssn g. 70 OIL into n
kind Of sluIOf while the signing VI tho
viii was going forward.
At ~ O'Clock a recess was taken ill
| this afternoon.
When court Teassemblod ut 2 pm. n
| continuance was taken until tomorrow
morning at 10 O'Clock, Attorney Le
Grand Young having been unexpected.
ly called away by the death OF a leila.
tive,