The Providence news. (Providence [R.I.]) 1891-1906, 1894-11-12
Highest Of all in Leavening Powe-Laest u Govt Report
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ABSOLUTELY PURE
AYLSWORTH WILL.
Slow Progress This Morning and a
Lot of Documents Presented.


-
The Municipal Court room was well
filled this morning at the continued hear
ing OF the contest over the will OF the late
Judge Aylsworth. Lawyer Bassett stated
that the execu tors had closed their case
and he proceeded TO read the will, as Gus
tomary, before Offering 1t To probate. A
long argument Immediately took place
over the right of the proponents TO rest
their case without calling all the wit
nesses within tho jurisdiction of the
court.
Judge Sphinx ruled that they had a
right to rest their case where they chose,
and Lawyer Bassett went on with
tine s,ch Gss6n1sa reading Of lone the tms Will, Tbs
codicil changed about all the annuities,
the majority of them to smaller sums.
Lawyer Bassett claimed that the will was
perfectly simple one and went on TO
state what they purposed TO show and the
general scope OF the Will which, outside
of few items, left the property to the
trustees to be paid out in snnuities of
some 5000, cut down by the codicil to
$1,000.
lawyer Browne called one OF the ex-
ecutors, named William {. Angel, as the
first witness for the contestants. MIR.
Angel was born in 1870 grad uated from
the Providence High School in 1888. and
worked in the National City and West
minister banks.
Mr.. Angel said that after the death of
his father in 1881 be did some writing for
Eli Aylsworth, who was his grandfather
going there on Saturdays in fact,
was being taught business rules and
methods at Mr.. Aylsworth's request.
After 1888 did business at the deceased's
request such as paying bills, filing them,
etc, but received no compensation for it.
Judge Sphinx stopped Mr.. Brownies
cross-examination OF bis own witness,
although witness was one OF the Dropon-
ents of the will.
Witness, continuing, said he kept ac-
counts for his grandfather, but did not
keep set of books for him, only making
memoranda of rents received. On Feb
ruary 1, 1892, he opened a cash book,
which was shown Ia ro2rt. Another
book wes also produced containing the
memoranda already referred to. -ru--rvrT'yT
Upon Judge Spink's inquiry an to the
purport OF all the inquiries about these
accounts Lawyer Browne said that IT was
TO show the business incapacity OF the
testator during the latter part OF his life.
After a little more skirmishing, two
other books were presented, one contain
ing a ledger account of each tenant, be-
gun in 1892, and book with list of in
surance policies and deeds. The ledger
contained entries In the handwriting OF
Edwin III. Burlingame and witness. Wit
and the items in the book were given him
by others.
Three letter books and three check
books next figured, and then a whole lot
of small memorandum books and papers,
but not all the documents in the custody
OF witness relating TO the affairs OF Eli
Aylsworth.
The old will, heretofore in Mr.. Angell's
care, was called for and produced, and
was found TO have a cancellation In lead
pencil on the back.
A long argument arose when lawyer
Browne asked MIR. Angel whether he
heard prev iously 10 being given the VIII
by the testator about the cancellation.
Lawyer Bassett held 1t was immaterial
and Judge Sphinx sustained him.
Witness was handed the document in
November, 1892, when Judge Aylsworth
told him TO keep it. Witness was never
told TO burn the paper nor ever told the
Judge that the old will was burned.
Witness knew of codicil TO be made
to the last will, but had no part in it
whatever except TO ask Mr.. Greene to
call at the house at Mr.. Aylsworth's
request. Witness stated that his grand
father asked him TO be n trustee. The
only powers Of attorney he ever had from
his grandfather were for the transfer OF
stock ard were on record at the West
minister Bank.
Witness had no deed or transfer OF real
estate from Eli Ayls worth 80 him. Ia
| 1893 the Judge gave him present OF 5000
and two or three smaller gifts, but never
| gave him anything else; or to
hold for him; or told him
he was TO be compensated for being trus-
tee; or gave him Instruction or advice
about duties as trustee, except that the
/ Judge wanted his widow to be well cared
for.
Witness produced g demand note for
! the 5000 spoken OF aud a check book con-
| tanning the stubs OF checks in payment
| on the note.
Then another document was put in
being in acknowledgment OF the receipt
/ of the 5000 and an agreement not TO ask
| Judge Aylsworth for any romunor-
/ alton for services rendered rom
\ the date OF the death Of witness
\ father 10 May l, 1893. Next came a lot OF
/ vouchers and receipts. After an argument
/ IL was decided TO leave all the papers, a
/ bushel or moro, IN ths custody OF the
/ court.
Witness never drew any checks except
/ what Mr.. Aylsworth requested him TO-.
| No one ever signed a check for Eli AYls-
/ worth but himself up 90 December,
1893. lie had shock at that
time From Dec. 8, 1891, Mr.. Angel kept
/ all he stubs IA the check book, because he
/ drew the majority OF the checks. IL was
hard for the old gentleman TO write al
| that timo.
Witness started bank book for Eli
| Aylaworth in August 1898, but denied
that ne did so az ,he request OF Hiram ID.
| Angel TO show transactions between wit
ness and bis grandfather. Four checks in
\ the last check book prior To Dec. u, 1893,
| were not signed because of the shock.
Judge sphinx thought Lawyer Browne
asked n great many immaterial questions,
but counsel said that this case involved a
large amosnt Of money.
ARRIVAL Or The TTlHse CHAMPION.