The Providence news. (Providence [R.I.]) 1891-1906, 1895-04-25
Mrs. Brayton Had the Right
to do as She Did.
Amanda McMurphY's Will Was APP
proved by the Court.
District Court Cases Heard-Matters
OF General Legal Importance.

The only case tried in Uncommon
pleas division Of the Supreme Cour today
was that of David w. Potter Of era nston,
administrator on the estate OF the late
Anna Maria Potter of Phenix, against
Sarah NJ. Brayton. The plaintiff alleged
that the defendant had drawn
money from the Phenix Savings
Bank belonging to Anna Maria Potter
on orders signed by her in her lifetime.
The orders were paid as follows: Oct. %,
1888, s40o; May IL, 1891, 5000; May 20,
1890, 200; May IL, 1892, 5000; August 2,
1892, S400. 1t was shown that while $1,000
was withdrawn on the 18th of May, 1892,
Mrs. Brayton on that day deposited $1,000
In the same bank in her own name. 1t
was admitted by both sides that
Mrs. Potter had been very sick
for a long time and was
confined TO her bed and all her affairs
were looked after by the defendant in this
case. The plaintiffs commended that Mrs.
Brayton had converted between 5000 and
$4,000 to her own use that should have
gone to the estate OF the deceased. Since
the beginning of this suit Mrs. Brayton
has sent the administrator a bill for the
care OF the deceased, Anna Maria Potter,
amounting to s1f25. Mrs. Brayton and
Mrs. Potter, wife of the administrator OF
the will, are second cousins of the de-
ceased. On the conclusion of the testi-
mony in behalf OF the plaintiff, Dexter b.
Potter, counsel for the defendant, moved
that the plaintiff be non-suited, because
the latter had not made out any case, and
had failed TO show any wrong doing on
the part OF the defendant.
Mr.. Owen, counsel for the administra-
tor, opposed the motion, arguing that
$500 OF a 5000 order had been converted
to the defendants own use.
Judge Wilbur granted Mr.. Potter's mo-
tion and notice of a motion for a new
trial was Immediately given by counsel
for the administrator.
In the case CT Ellen Henry VS.. Alfred
Lake, administrator, the defendant has
submitted to the judgment for the plain
tiff for $3.50 and costs.
The Will Finally Probated.
A jury in the common pleas division Of
the Supreme Court found that the instru-
ment in writing presented by James
Murphy administrator, as the last will
and testament of Amanda NJ. Murphy,
deceased, was such after the examination
of certain witnesses. The will was
originally probated In the court OF
probate of this city but an
appeal was taken by Mrs. Margaret Nc
Cormick and other sisters of the deceased.
Within a few days the questions in dis
pute between the administrator and the
appellants have been satisfactorily settled
hence there was no opposition TO the APP
prevail OF the will today. The deceased
was a daughter of the late John b. Hen
Messy, and died last summer.
District Court Cases.
The following civil cases were disposed
of today in the District Court:
Robert Wood and wife VS.. b. III. Chip
man. Decision for the plaintiff for s25.
Sarah III. Collier VS.. George +. jerks.
Decision for plaintiff for s45 and costs.
Thomas p. Hourigan VS.. John f. Gray.
Decision for the plaintiff for $40 and costs.
William l.. Whipple vs.. Eugene Page.
Decision for the plaintiff for $50 and costs.
James w. Nolan VS.. Il. VI. Mathewson.
Decision for the defendant for costs.