The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1895-08-02
CIVIL AND CRIMINAL CASES.
JUDGE CLEAVELAND DECIDES THE
ISBEEL WILL CASE.

Decision Against DIR. Fitoh-Notioe of an
Appeal FIled-rhree Liquor Licenses At
taohed for Debt-Riohard ii. Iyner's
Appointment-other Court News.
In the probate court yesterday Judge
Cleaveland rendered his decision in the
Isbell will contest. The decision, which
is unusually lengthy sustains the ,,tll
in every respect except as to one para
graph in which bequest is made to DR..
Charles W. Fitch of Bridgeport who
attended Mrs. Isbell during her last ILL
ness. In reference to this bequest the
decision Is to the effect that undue in
fluence was used and consequently the
devise to DIR, Fitch is declared void.
Immediately after the decision had
been announced Judge Comley of
Bridgeport, counsel for DR.. Fitch, gave
notice of an intended appeal to the SUI
perior court.
Mrs. Isbell died September II, 1894,
at the home of her friend, Martha K.
Clough of Bridgeport. In her will she
bequeathed property valued at $500 to
Mrs. Clough. To her nephew, William
r. Hendricks of Brooklyn, she be-
queathed property valued at $6,000 and
to her servant, Bridget 7. Ross, she
bequeathed property valued at $780,
DR.. Fitch's legacy was $500. The res
idue of her estate was bequeathed to
George A. Isbell, husband of the testa-
tor. He claimed his share was only $S,
900, minus a mortgage of $3.50.
The husband contested the will, al
leging undue influence and mental in
capacity. The case had long trial
The property left by Mrs. Isbell con-
sists chiefly of real estate located on
Grand avenue and Franklin street in
New Haven, which Mr.. Isbell estimates
to be worth $4,000, This property,
which at one time belonged to one of
Mrs. Isbells grandparents, she had in
herited from her mother, Mrs. Lee, who
died in the year 1887, and who was a
sister of Mrs William D. Hendricks.
Mrs. Hendricks, being the only heir of
Mrs. Isbell, would, in the absence of
any will, inherit all the property left
by Mrs. Isbell at her death, except the
share which Mr.. Isbell would take I'M
der the statute of 1877. Mrs. William
D. Hendricks, who is a witness in sup
port of the will, is not remembered in
it, but her son, William r. Hendricks
of Brooklyn, N. Y, receives the most
desirable portion of the Grand avenue
real esate--the corner lotv.fronting 241a
feet on Grand avenue and 70 feet on
Franklin street, which property, ac-
cording to Mr. Isbell's testimony, IS
worth from $4,000 to $4,000. He is also
given Mrs. Isbelps burial lot in the Ev-
ergreen cemetery. The other devisees
include Mrs Martha K Clough of
Bridgeport who is not a relative, but
for years an intimate friend of Mrs. Is
bell, and at whose home in Bridgeport
Mrs. Isbell died; Bridget T. Ross, do
nestle in Mrs. Isbell's family; DR.. Chas.
w. Fitch of Bridgeport, her attending
physician, and her husband, Mr.. Isbell,
Enormously described in the will as
George L. Isbell instead Of George A.
Isbell)
The devise to Mrs. Clough consists of
IS front feet of the Grand avenue prop
erty, estimated by Mr.Isbell to be worth
from $120 to SIPS per foot The % front
feet on Grand avenue given by the will
to Bridget T. Ross had been decided to
her by Ms. Isbell on January 10, 1894.
This deed, however, was not recorded
until after Mrs. IsbelIs death. This
piece of real estate Is worth about the
same as that given to Mrs. C1ough. The
land devised to DR.. Fitch consists of IS
front feet on Grand avenue, worth
about $500. These specific devises COW
er all of the Grand avenue real estate.
Mr.. Isbell is then made the residuary
Foe ND "a -aa1 &C
tate not specifically devised consists of
65 front feet of land on Franklin street,
which he estimates to be worth about
$4,000, after deducting a mortgage of
$3.50. This Franklin street real estate
is substantially all the property OF
pecuniary value included in the resi-
due.
ASSISTANT CLERK OF CITY COURT
Richard H. Tyner a graduate of the
Yale Law school, class of '93, was yes
terday morning sworn in as assistant
clerk of the city court, vice James D.
Dewell, jr, who resigned in consequence
OF having been recently appointed pros
ecuting agent for New Haven county.
After graduation Mr. Tyner was for a
short time in the office of Attorney
GndrIeS .. hamilton anu since last
spring has been associated with Judge
Gable in the latter's law office.
ADMINISTRATOR.
In the probate court yesterday after
moon John A. Hauff was appointed ad-
ministrator on the estate of his brother,
the late William Hauff. Attorneys Da-
vid Callahan and Henry G. Newton
were also appointed commissioners on
the insolvent estate of James T. Dunn,
of the Hotel Monopole.
BROUGHT SUIT.
A. H. Sizer & Co. have brought suit
against Isaac Loeb of 200 Franklin
street to recover an alleged debt of 50,
600 for money owed. The papers were
drawn by Attorney A. D. Penney and
served by Deputy Sheriff Koon.
ATTACHMENT OF LIQUOR IL
CENSES.
The first three cases brought under
the statute recently enacted by the gen
eral assembly authorizing the attach
ment of liquor licenses for debt the same
as other property were brought yester-
day, which was the first day the law
went into effect. The cases in question
were brought by Mrs. T. F. H. Weibel