The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-12-12
OPINION OF THE REGISTER.

A hearing was had on the same day,
Attorney A. ID. Dean appearing for the
contestant and Attorney Milo Wilson
for the will. Register Hopkins took
tho testimony, and yesterday submitted
the following opinion multiplying the
will and Civ ing his reasons for so do
ing.
In Re: Estate of Mary L. Bevan, deceased.
Before w. s. Hopkins, Register of Wills
of Lackawanna County.
on 4th December. 1896. S. A. Northup and
George w. Decker, executors named in
the will of Mary l.. Bevan. deceased, APP
peared before the register of wills OF
Lackawanna county and offered the will
in question for probate. A caveat had
been filed by Mary +. Bevan. the only
child of the decedent. on the 23rd OF No
vember, 1896 and bond duly filed AS pro-
''Tfe The register ps fixed Friday December 4th,
1896, as the day when the will might be
offered for probate and witnesses would
be heard on the part of contestant. The
executors appeared with the subscribing
witnesses to the will, and large num-
Der of witnesses We're heard on the part
of contestant. and a further hearing was
fixed for Friday, December l1th, 1896, when
the testimony of contestant closed.
The executors called no witnesses except
the subscribing witnesses. The testimony
of NJ ii. Coon. one of the subscribing wit
nesses, was in effect against the validity
of the will. In all twenty -four witnesses
We're called on the part of contestant,
and most of them were intimately ac-
Quainted with the decedent and her fam
lily and had been thus acquainted for
many years. They unite i'm pronouncing
the husband of decedent a most kind and
considerate man, of great gentleness and
of a forgiving nature. The daughter
Mary Il. Bevan, the contestant. has de-
voted her life to the care of her parents.
In all respects she was a most dutiful
child. Industrious and self-sacrificing i'm
an exceptional degree. There was moth
ing in the conduct of husband or child
which could have caused the lack of af-
fection and consideration which was ex-
hibited toward both on the part of the de-
cedent.
USED SHOCKING LANGUAGE
While she was the wife of minister of
the Gospel. a member OF his church ana
a teacher in the Sunday school, she used
such language in her home as shocked the
ears of visitors, and left in their minds no
doubt as to her mental condition. Num-
erous instances were related by witnesses
of acts and conduct which cannot be read
ily explained consistently with the state
of soundness of mind. 1t Is charitable to
look upon her conduct as that of an ire
sponsible agent. and her family and
friends have long been in the habit of thus
treating her and concealing her conduct as
far as possible from the eyes of Others.
The testimony of B. F.. Ackerly. esq. as
SCISSOR of South Abingdon township. clear
ly shows that in 1883. when the will was
made she had not clear perception of her
own property.
The testimony of DR.. b. F. Evans. who
has been the family physician for many
years, and whose experience as physician
at the Hillside Home makes him especial
ly qualified to decide upon mental disor-
ders, unqualiiiedly pronounced her of un-
sound mind at the date of the will While
DR.. Evans is the only expert called to
prove the insanity of the testatrix. and is
deemed by the register as the most i'm
portant witness, the law Is well estab-
lished that non-eXperts can express their
opinion as to the mental condition of the
testator after stating facts coming with
in their knowledge. showing their means
for forming an opinion. Il Jarman on
Wills, 1l5. 116. Rambler VS.. Tryon. s.
Il r., 90 Grabill VS.. Barr, Pa. AL. Will
kinsOn vs. Pearson, % Pa, III. Bricker
VS.. Lightner. 40 Pa. 1897
Some lunatics are callous to q Just
sense of affection, decency or honor: they
hate those without cause who were for
appears that a will Is the direct offspring
Of partial insanity or monomania under
which the testatOr was laboring, il should
be regarded as invalid, though his gen.
eral capacity be unimpeached." (Redfield
on Wills, page 80
"a testator must have a disposing men,
ory. BY this we understand one that is
capable of presenting to the testator all
i his property and all the persons who come
reasonably within the range of his boun-
ty." (Redfleld, page 123)
ut is essential that the testator have
sufficient capacity to comprehend per-
relations to the persons who should be the