Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-13
MR.. OIL MSTEAD'S SIDE
Testimony in Favor of His Wife's Testa-
mentary Capacity.
Lawyer Mattingly, Who Drew Up the
Will, and Other Witnesses
Are Examined.

The contest over the estate Of the late
Mrs. John F. Olmstead was continued before
J-r7pe Bradley in Circuit Court No. l to-
day. IS announced in The Star. after Judge
Bradley had overruled the motion OF Mr.
Olmstead's counsel to direct verdict for
him on each of the four questions at issue
viz: AS to the testamentary capacity OF
Mrs. Olmstead: as to whether she knew and
understood the contents of her will: as to
whether her husband exercised undue In
fluence over her. and as to whether he prac-
ticad fraud upon her. Mr.. Olm5teafs coun-
sci proceeded to introduce testimony tending
to sustain the will.
The first witness called on behalf OF Mr..
Olmstead. who was made sole beneficiary
by his wife's will. was Mr.. VIM. +. Mat
tingly. Mr.. Mattingly has beer Mr.. Ohm
stead's attorney for twenty years, an1 II
was he who drew the will Of Mrs. Olmstead,
Mr.. Mattingly was emphatic in ms state
ments that Mrs. Oimstead not only pos
sessei full teStamentary capacity, bat alsc
that she persisted, when he explained the
effect Of the instrument, that she desired
the will SO written as to make her husband
the sole and absolute beneficiary.
After Mr. Mattingiy left the stand, counsel
for Mr. Oimstead introduced the dispositions
of Mrs NJ. c. Smith and Miss Lucy Corkhtil.
The dispositions tended to show that the de-
ponents were intimate friends of Mrs. Ohm
and Mrs. Olmstead were affectionate. The
Opponents also testified that Mrs. OImStead
had expressed a determination to leave her
estate to her husband.
When the trial was resumed this morning
Mrs. Constance Beach Johnson of AleXan-
dria, Va, was called as witness on belalf
of Mr. Olmstead. She testified that she
knew Mrs. Olmstead quite intimately. and
after her marriage frequently visited her
and very informally, often spending the
night at the Olmsteads'.
The relations between Mr.. and Mrs. Ohm
stead, said Mrs. johnson. were of the most
affectionate character the devotion of Mr..
Olmstead for his wife being of a most ro-
mantle character. Their marriage she
thought. was one of the happ-est she ever
knew of. On one occasion, In June, 1891,
she met Mrs. Olmstead, said the witness.
on the street, when Mrs. Olmstead told her
that she and Mr.. Olmstead were going
abroad, and that she intended making a
will. leaving everything to Mr.. Olmstead.
To Mr.. r. Ross Perry, of counsel for Mrs
Linda Hutchinson Webb the sister of Mrs.
Olmstead, and who is contesting the VIII,
the witness stated that Mrs. Olmstead
seemed to depend almost altogether upon
her husband.
Other Testimony.
Mrs. Johnsons sister, Mrs. Bryan, follow
ed her as a witness, and her testimony was
similar to that given by Mrs. johnson. Mrs.
Arabella Nash an old colored woman, testi-
fled that she was for time the Olmsteads'
cook, and said the relations between MIR. and
Mrs. Olmstead were pleasant and affection
ate.
the jury number of dispositions, including
those made by the widow of Justice
Miller, Senator Blackburn Senator and Mrs.
Paddock and Senator and Mrs. Henderson,
the Opponents testifying to the pleasant ard
affectionate relations existing between Mr..
and Mrs. Olmstead.