The daily morning journal and courier., 1896-02-26
4 N0r.inLE SUIH
The Taking of Te'timony Begun iu the Case
 Yesterday,

Yesterday.
 A suit involving about $l00,0O0 has just been instituted and the case will undoubtedly be an interesting one be- cause of the prominence of all the persons involved in it,
 The plaintiff in the action is General George II. Ford and the defendant is Edwin S. Swift MT Swift is well known as the confidential man for Dr. E. J. Too:, and because of his activity in law and order matters,
 General Ford is administrator of the estate of the late Nathan William Mer- win. MT. MerWin was engaged for years in the feed and grain business in this city and had store at the corner of State and George streets. He died about two years ago, and his estate was found to be insolvent. His wife, Eliza H. Merwin, also died, but left daugh- ter, 8 Mrs. Fitch of this city.
 As administrator of the Merwin estate Gen. Ford has sued Edwin $. Swift, ad- ministrator of the estate of the late J.
 Burton Hine.
 J. Burton Hine was brother of Eliza
 H. Merwin, wife of Nathan w. Merwin. He died about year ago and left an estate valued at $30000, principally in real estate He died without leaving a will, and Edwin S. Swift was appointed administrator.
 The daughter of Nathan w. and Eliza H. Merwin. Mrs. Fitch, a brother of Lewis A. Hine, and two children of de- ceased brother in Chicago were the sole heirs
 MT. Hine carried on the real estate business and had his office with his brother law, N. W. Merwin, on State street, for a number of years. He also roomed and boarded with his sister and
 brother-in-law for long term of years A few months ago Edwin $. Swift, as administrator of the Hine estate, pre- scented a claim of several thousand dol lars to General Ford, for alleged ser vices rendered N. W. Merwin in carry ing on the grain business endorsing notes, etc.
 The MerWin estate then, through Gen eral Ford presented claim to Admin istrator Swift of the estate of J. Burton Hine for board and services rendered to Mir. Hine for nearly a score of years The charge for board and care | was computed at the rate of $20 a week MT. Swift refused to pay the claim. General Ford then secured counsel. retaining filling, Webb & Warehouse,
 and at once instituted a suit for $S7, ,000 against J. Burton Hines estate. In addition to the claim for board it | is set out in the complaint that MT and Mrs. Merwin boarded and cared for Mr Hine for the long term of years upon the express provision that MT. Hine should make a will leaving all his prop l erty to them. This MT. Hine failed to | do, dying intestate. The Merwin es- l tate sets up the allegation that there was a breach of contract and puts the damages claimed at $S7 ,000 1 The papers were served upon Admin istrator E. S. Swift on Saturday and he | has retained ex-Judge A. Heaton Rob | defend the Hine estate.
 | As the matter now stands the Merwin
 estate is now insolvent, and there is l $S0,000 in the Hine estate If the ale
 gations of General Ford are sustained
 the Hine estate will be entirely wiped
 out and the Werwin estate will be sol vent.
 | Robert T. Merwin Arthur T. Hoadley
 and George F. Platt, neighbors of the | testator, were put on the stand by the
 appellants yesterday to prove the men,
 tai incapacity of the testator to make 8 l will. The case was continued until to- l Say.