The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-10-12
mn KENYON WILL IT?
- Question in Contest in Re-
gard to His Will.
n,rzie AND HIS AFFIDAVIT.
...Sss Story Of the signing OF the
rspsr--A Tack Not Legal Bsand-
ssy-Bssys Divorce Case.


- respective clients. interfering OBJ
,.,xIeos ss every possible point The day
= LARGELY occupied with the cross-exam-
..es,ou Of ]. II. KunEie. whose testimony
-. ..ysre.y criticized, and he vas no, re-
- anti the afternoon session. The
...tussnts are endsavoring 70 prove tina.
= month prior to Ksnyon's death his
x-s.se had made such inroads on his
.,s6 that hs was not responsible or COM
-, 10 make . will. Judge Langley.
k.ssver. 10 confining this line OF tests-
~s.v 10 the day and hour of the making
2 - viii. when Kenyon was on his
luafh bed.
n direct examination Of J. III. Kunxis
- rssumsd by Attorney X. ii. Lindsay.
"A Kunzss testified a. to his sequaint-
80 with Kenyon.
An AFFIDAVIT OF Kun zie. made during the
rossss Of the will two years ago, Vas
assn him and an attempt vas made by
~ Contestants to have Kunzie testify a.
4 whether the affidavit had been read over
3 him. and In fact whether he was familiar
IN rs contents. The affidavit was in
su5stsnrs to the effect that kanzis be-
tsvsd that Kenyon vas Of sound mind a.
- tine OF making the viii. and that he
~ entirely competent TO dispose Of his
yropsrty. The testimony was ruled out
iy the courl. the jury having retired dur
izs the Argument over this affidavit
TIE cross-examination of kunxie Was
rsds by L. c. Hughes. Kunxis's visits to
Kssyon we're gone over: they we're OF .
soeial character. and were made Saturday.
l.
hang the dag Of Kenyon's death. He had
fbs idsa that Kenyon vas sick with
.stai disease. Kenyon vas In bed Hcsaw
Kenyon first on Saturday, next on Mon
day noon, and then ~ noon Tuesday.
he fpt time was Saturday afternoon be-
tsssn noon and y. m. Kenyon Was In
bsc; be never saw Kenyon except la bed.
Ga Tuesday DIR. Coon was there and soon
sfer DR.. Coe came In, then Judge Palmer.
The execution OF the will was then gone
issoin detail. Each paragraph WAS read
70 Kenyon, who answered That's all
right" The whole will was then read to
bin. That was after Gasch came In.
Gssch was brought in as the second wit
ness to the Will. Then Kenyon sat mp in
he'd There were present Kenyon. DIR.
Coon. DIR. Cos. Judge Palmer and the wit
ssss Kunzie got . table and put II In
front Of the bed. Kenyon then sat on the
side Of the bed with the table in
front OF him and signed the will.
He did not remember Kenyon saying
snythine about handwriting. Before he
signed Palmer asked him II that was his
last will. Kenyon said IL WAS. He didn't
remember whether he or Gasch signed as
witness first. Judge Palmer then took
tie viii at Kenyon's request. Gasch left
trt but he did not know In what order
he'd a. length - to . conversation had
Nth - Grange and r. NJ. Muldoon In the
alters Office in the city. and written
ssstsment of that conversation was offered.
slowing that kunzie stated that Kenyon
su Of sound aud disposing mind and en-
tFsiy capable Of devising property. Ken
yens eye. he said, was bright and intsili-
Cat
On redirect examination by Mr.. Lind
~, Mr.. Kunxie said he had heard MOTH
lac about any other will from those pres
sas: did not know Granger except to meet
hin once or twice. lie met him Ia Ma
sonlc lodge frst, and then in Muldoon's
omus lie does not know Maidoon very
eel pontius asked him 10 go to Null
lsens office two or three times before he
vent There was no stenographer present.
Aaldoon seemed to be taking notes once
h while. Muldoon wanted the witness
hssear To what Muldoon said was state
neat of their conversation. The witness
txasi IL. but would not swear to IL. lie
had signed because he was in the habit of
kgaing most anything. but," no said, II
sil never do so any more" lie did not
nnsmber telling Granger or Muldoon that
kenyon vas bright and intelligent. DIR.
tos vent after Gasch. TO DO used as the
ncond witness TO the will ten or twenty
minutes before Gasch came In.
Fred Gssch, examined by Mr.. Lindsay,
nli he had known Kenyon for years. but
ssver bad any business with him and did
Dot know him intimately. During Ken
geh's last sickness Gasch was ASKED by
Dr. Coo To witness the will. lie met Dr.
Gee on the street. In kenyon's room at
he time were Kenyon. kunxie. Judge
falmer. DIR. Coe. aud another physician.
saom the witness did not know. Kenyon
Rsmed indifferent at FIRST when attention
su called TO Gasch's presence. then
sodded, but did not speak. Kenyon
Boxed 60 BE very sick man; his eyes
boxed dull and ''unintelllgent." Gasch
vas there some ten minutes, not longer.
!sdgs Palmer, alter the witness arrived.
vent 10 Kenyon with the will and asked
him If that was his last will and tesla
nent; his reply was. YES. II you haven't
sAanssd IT," Kenyon then signed the
wi. His first signature vas not salts
'assory 10 Judge Palmer. and hence Ken"
Jon signed again. After signing. Kenyon
semsd TO become insensibls--sort OF
scon. Gsseh had doubts about kenyon's
aaosing what he vas doing: he thought
sss late hour in life 20 be making q
VI. Kenyon should have made his will
assere he got so sick. lie bad doubts as
b ksnyon being of sound mind. Kenyon
partly understood what he was doing snd
partly did not. He did not think Kenyon
sas taliy competent to make vii from
MA; he saw
Hen. John II. Allen conducted the cross
Elimination, reviewing the circumstances
q bis meeting DIR Coe and going 10 hsn-
leHs house. but elected nothing new.
" II. Lanmsr. manager Of Dexter
Horton & Co. testified 60 kenyons sigma
'ess on cheeks and notes issued BY Ken
yoa 10 various parties IN lsso KENYON
seaed sometimes J. Gardner Kenyon.
s0mesimss }. g. Kenyon.
osorss K DAVIS. . sso7ekeeper. TESTIFIED
- selling s0ms microbe killer 10 heny on
iss Gays before bis death henyon
sAass 20 bis store. aud. after making hss
fafeaase. sat down 90 wait for car. lie
eessd 81. and sould wake sisA ssssrt anG
alk lneOhsrsatly. so maeh 80 that Davis
hesgat lie has been drinking. The day
sAs ssegDy and Asnyon rss feeble.
Aatihss boz, 8 contractor. tsstsnsd 30
sSrking as for~man for Kenyon on TIE