The Providence news. (Providence [R.I.]) 1891-1906, 1894-10-31
A CONTESTED WILL.
Aylsworih Estate Not Thought to be
Divided Properly.

What promises TO become a celebrated
case was begun in the Municipal Court
before Judge Sphinx this morning. 1t is
contest over probating the will, executed
January 10, 1892, with codicil made Oct.
u, 1898, Of the late Judge Eli Aylsworth,
the contestants declaring that he was
of unsound mind and that the distri-
button of the estate among IA benefciaries
would be too remote, that those OF whom
the Judge was most fond would be cut
down to ridiculou.ly small incoms, rang
ing from S25 per annum upward.
The executors named in the will are
Gilbert A. Phillips, William c. Angel and
George A. jefferson. They are represented
by Lawyers Thomas G. Green. James M.
Ripley and Edwin ID. Bassett. The con-
testants are represented by Lawyers Ar
thur NJ. Brown George j. West, Thomas
c. Aldrich and Charles r. Brayton.
The court room was well filed with
witnesses, among them being the execu-
tors, Mrs. Eliza Burlingame and Mrs.
James Rothwell, deceased's daughters.
DR.. Augustus c. Hill, the attending physi-
clan, was absent.
Most of the time was taken up in exam
lining the witnesses to the will in question.
and to two previous wills made by the de-
ceased. All of the wills bear codicils.
Thomas G. Greene, one OF the witnesses
TO the will and codicil, who had known
Judge Aylsworth a good many years,
testified TO the validity OF the late judges
signature, and said emphatically that Eli
Aylsworth was of sound mind and body
when he signed the document.
The first WILL made in October, 1890, with
a codicil dated June 26, 1888, has been in
William c. Angell's possession since the
will this contest coucerus was made. An
other will, made in 1883, with a codicil of
1885, was in Mr.. Green's box in the safety
deposit vaults.
Witness Greene could not remember
whether Judge Aylsworth gave him
drafts of instructions for the making Of
the will, and doubted il he had any manu-
script relating to the wills or codicis.
He destroyed some memoranda after the
last Will was made, thinking he would
have no further use for them. He took
notes from the judges own lips, formu-
lated the schemes and dictated them to a
young lady typewriter. That happened
from time to time till 1888 or 1899. All
the dealings concerning the will now
offered to probate were at the judges
house. 1t was principally oral instruc-
tion.
The witness stepped aside for the time
being to give counsel an opportunity To
examine copies OF the other wills.
George H. Darling, witness TO the codi-
Gil, was then called and corroborated Mr..
Greenes testimony as TO signatures and
soundness OF mind.
He used TO make friendly calls at the
home by invitation. He denied stating to
Mrs. Eliza Burlingame that he had seen
so little OF her father during the two or
three years prior TO his death that he
would not be able TO testify to the mental
soundness of deceased. Witness had
talked with William c. Angel about the
soundness of Eli Aylsworth's mind.
Lawyer West then questioned Mr.. Dar-
ling.
From the time witness first saw the
judge in 1850, until his death, saw no
mental change. Had heard it said that
it was thought that the junde had
shock after his son Curtis death, but
never saw any signs OF it and never in
quired OF him about IL.
Samuel ). Sprague, who also signed the
will, said tho matter of doubt as 60 the
old mans mental soundnoss because of
old age was settled by the fact that DR..
Hin had witnessed the will. Witness.
although neighbor, never had any in
innate relations with deceased.
Found a change i'm the judges mental
condition about a month after witnessing
the will, when calling on him one even-
ing. IL was remarked that the judge
kept repeating himself. IL witness had
observed similnr behavior previously he
would not have witnessed the will.
In answer TO Lawyer Bsssett, Mr..
Sprsgue stated that Judge Aylsworth's
conversation had been tedious for some
years. Witness had not heard of the
shock OF paralysis until after he had wit
messed the will.
Court adjourned at 1890 o'clock to 10
o'clock tomorrow morning.