The Providence news. (Providence [R.I.]) 1891-1906, 1895-12-30
LAST EDITION
4:l5 O'CLOCK.
WILL CONTEST.
Was Renewed in Court Of
Common Pleas.
Large Array of Legal Talent
and Witnesses.
The Struggle Promises to Be Long
and Interesting.
The Struggle Promises to Be Long
and Interesting.

The already celebrated case OF the will OF
the late Judge Eli Aylsworth is receiving
another airing in the coprfs. this time before
Judge Rogers OF the Court OF Common Pleas,
to which it was appealed after the win was
admitted TO probate in the Municipal Court
last winter 10 will be remembered that this
case attracted great deal of attention, be-
cause Of the immense array os leading legal
lights employed, and because of the large
number of witnesses. as well as some of the
so'called peculiar provisions of the instru-
ment in question. Judge. .Aylsworth died in /.
August, 1884. at the advsnced age of g2 years.
or thereabouts. and left bis estate, taxed for
between S200.000 and $500. 600. in his family,
but tied up in the hands OF three trustees, :
who are also the executors. They are William
z. Angel, George A. Jepherson and Gilbert
A. Phillips Now there are a great many
heirs, and they are not so much disgruntled,
1t IL said, with tho executors. but they feel
that they ought to have been beQueathod the
principal. properly divided as well az the in
come; hence the effort TO break the will.
They also claimed that the old gentleman was
not Of the soundest mind. because Of old age,
and one reason advanced for this Is that he
left one Of his grandsons six silver dollars ,
earned by deceased when he was 10 years old.
and which was the first money he ever earned,
and which he Lever spent. Of course. There
were two other wills. and all had codicils. bur
the last will was executed in January. 1892.
II Is a long document end very. .intricate.
The parties 20 the appeal are Hiram b. A.
Aylsworth. Edwin n. Burlingame and wife.
Emily Rothwell. Emily hothwcll aud others.
Fred A. Phillips and William ii. Phillips.
This practically makes six cases. but il WAS,
agreed this morning to try them in bunch.
The lawyers employed are: Arthur W. Brown.
AUGUSTUS s. Miller. Clarence A. Aldrich.
George j. Vest and General Charles II. Bray
ton. for the appellants, with James NJ. Ripley
and Edward ID. Bassett for the executors.
There was considerable time spent by Judge
Rogers in giving the charge to the Moronsyj
jury. and then much time was consumed su
getting jury for the will case. which Is
liable 70 last week more. as there are
about 100 witnesses. and sharp and some
times lengthy encounters between counsel,
inay bs looked for. Several jurors were
challenged. and finally IL were chosen, as
follows; Frederick u. Fuller. chairman:
Rinaido s. Brown. Charles Z. Tourtellot.
William n. Kinnecom. Fred j. Armincton.
Samuel G. Pelictt, Bernard Mcmahon. Abra-
ham NJ. Sidebottom. Leonidas Franklin.
Walter X. Ray, Eugene II. Taft and John
Hnrdman.
Clerk Edward G.. Field OF the Municipal
Court was the first witness. and produced
what was purported to he the last will and
testament of Judge Aylsworth.
LAWYER Thomas C. Green Of East Greenwich
testified that be Witnessed Judge Aylsworth's
will on January 10. 1892. in the presence of
Samuel 5. sprague and DR.. Lester s. Hill,
the othei subscribing witnesses
MIR. Bassett askcd Mr. Greene ii the judge
was OF sound mind in his judgr snt. Mr..
Brown objected 10 the question, but he court
said it was all right, so Mr.. Greene said. "he
was" Mr. Greene testified that he was the
writer Of the Will: that he began TO write Ia
some weeks previous TO January ~ le02. and
that ID was written in his office. There were
two other wills with codicils. ono executed
October o. 1880: codicils. Iune 90 1888: the
other Jrly ~. ssJ; codicii September ), 1885,
Mr. Greene t. stifed that the codicil to tho
last will. dated October l2. 1s33. was also wit.
messed hy him.
Lawyer Brown called for the reading Of the
viii. Lawyer Ripley thought they could con-
duct their case in their own way. and Mr..
Brown called for formal reading Of the in
strument in the case. Judge Rogers had no
objection to the reading of tie will. so Mr..
Brown read ~.
As Mr.. Brown did not read the entire will.
Mr. Miller finished IL after lunch. When tho
codicil was read, 10 was seen that ;he late
Judge cut down several OF the annuities and
added to others. those heiue reduced being
for the most part tho nearest relatives. Mr..
Greene was cross-examinec by Mr.. Brown
20 when and where he received instructions
for making the will. IL took six or eight
weeks TO prepare the Will. and he received in
structions ut tho judges late residence. He
he'd no records 70 enable him TO bottor fix the
timo. and was not positive as at whose request
he 6rst went TO the house.