Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-03-16
BLYTHE WILL CASE.
Medical Testimony as to tho TCSlatofs
Mental Condition.
ONE ixgcuron IS rXmlSEO.
Hearing on the r,t lion 10 Set Aside
the rr'biic OF VIII R.uuad
leorc Judge Bia.r


the order entered ou May 20, 1892, nd.
Knitting to probate the will % john l..
Blythe, deceased, DC set aside was
roum d before Judge lilnr In the pro.
bate COR, at tU:31 THIS morning.
Attorney LuGunI Young Withdrew
bic appearance ns attorney Tor the
beuuhuIarius uGdrr tho will aud now
represents the executors only. The
court appointed Z,uo G Zane t.
represent the minor children aud
theiy guardians od htem. rnpy alsO,in
conjunction with Attorney John NJ.
Cannon, appear ior the petitioner,
Charles BIyth.
John a. Blylh, one OF the hslrs, H.
appointed guardian al ntom Tor bic
minor children aud Elizabeth Michel
y yin ior hor minor ohillfcn.t
The frstwituuss examined today was
ID. Jos =. Richards. Hu said he was
s.iguuy acquainted with the deceased
in hit ntuuc aud attended llm uuf.
ius hi. iilUvsH ut bic ftHIIruCr uu FlfHt
East aId second SUN, tue llst Ucca-
EiUn being ON April Z1.u, lhJ1. DE.
ceased was quite Uuiuublgd lu body at
mat time, but, in wituuE'g opinion, he
was perfectly Haut man uul quite
competent 70 execute Will. hu was
ruiIius rom enlargement Vt tue liver
aud wien Wiihtus was hfHt called In,
on April j,h, lac regarded his recovery
ns Impossible.
la answer to Nr. Zinc, witueas
stated hu knew that the deceased con-
l,mpiatel mAaiug his will, aud a. Mt.
Biyth was "a mAu 90 means, hu had
urged him 10 dos lt was his rulu 30
DO this when any patient Of his had
tltknUss when was considered Cutinin
10 terminate ia death. Mt. Biyth was
very taltaiivu man. w 20 UiiucssH
lnlt visit Ur tw9 uU wa perfectly clear
~ hil mind and they cIuyuusd lJr au
hour together about UtCcuHu4is early
experiences lu California uui other
places. llu exhibited no difficulty Ia
UCll.iur past Uveus.
Dir. Ihuy Would you con.
slider hIn AZ competent Go attend 10 iu.
trlCatu and important HilaiHoi business
wuvu be was lying tuuu rs hp would
have lcon while Ia hcathg
witness replied that be- would not
consider any man uu competent 10 10
~ Whom IN slckucss ~ In health.
Mi Hauc-A tue Time you suggested
10 him the magiug OF the viii iii Auy.
BODY else say anything 10 him?
Witness said lao di1 nat remember,
but his wife wAs there,
Judge Biair-WuulI the disease un.
der which ho was suffering have any
ELECT upon his minor
Internationally, n9nu whai.
even
Dr. G. +. Wilcox testified tina! he
saw tho deceased a. his homo two or
three timus In April, 1909, aud hal no
reason % doubt that lac was then Der.
iceliy sane. He was acquainted with
MI blyth for some hncvn years PFC.
yiUusy.
W. A. Rjssitor, one o! tho executors
anu trustees undvr the Will, was thon
called. lie stated, In answer 10 Mr..
Young, that during Mt. Blyth's life.
time lac transacted certain buflness
matters for him, such as the collection
OF rents. Mr.. Blyth suggested, Ia the
yonr 1892, some time IA February he
believed, that witness should gO anu
200 her huhbani, who was then In
Logan, with roiCrelCe % his making
VIII. Ho did no, Mis-. Blytn having
gone there before him. Witness talked
with Mr.. BIyth aud drew up certain
memoranda omboiying his wishes.
From this witness prepared viii,
which was submitted 10 Attorney l4g
Grand Young, read and fu.rpad Ii "
the trslator, aud amer one OF two email
alterations had been made nt his re-.
quest he approved the document. THIS
took place In this city. AZ wit.
ness read over each clause no
asked him II he quite understood
II, anu his reply was that ho did.
When his attention was called 10 the
fact that tue executors were appointed
without bonds, TO answered that he
knew n, and said, ~ 10 not want any
body 10 act IA this matter that | cannot
tIust."
Mr. Young Showing the wilI)-Can
you say this T. the same document YOU
read to him aud the same you saw him
sigu2
witness-Yeg, slf.
70 other qucslious Mr.. Rossiter said
tho viii was Ia exactly the same con.
dillon as when the tustatOT slgued Al: |
II had not been intorierod with IN any |
way. The same Will WAS road TO the
family anu handed over 10 Mrs. Blyth,
the widow.
MIR. Young-What was hla mental
condition wnen he siguei that docu. |
mont "a compared with what II was
anterior TO that tin,?
Witness-lt seemed Just 90 clear.
Mr.. Zluu askel the witness whether |
AZ the tins he went 10 Logan he wa, |
not acting 90 Mr., Blyth'a agent, ami |
Mr., RUssilet answered. that ho attended |
70 some Of his business affairs, as MIR. |
Blyth placed a good deal OF confidence |
In him. The witness was Questioned |
uy counsel at length In reference 10 his
conversations with the decreased ON the |
subject " the will, thH tfusleushIp, aud |
other matters IN controversy. Asked |
whether he explained 10 Mr.. Blyth the |
several clauses VI the Will a. no read
them, witness said he dlu not, but De. |
ceased stated he understood all that |
was contained in tho instrumont. Ills |
wishes In regard 10 tho amount set |
down Tor temple work we've clearly ex, |
pressed by tue testht0r.
Tue hearing Is proceeding this after.
tUOu.