The daily morning journal and courier., 1896-02-13
ARmsrRoNG w111 CASE.
Three Wills Made Hut Miss Lizzie Arm stro s Received the same Legacy in Each Instance,

three wills Made But Miss AiL1ie Afm-
 stro E Received the same Legacy in Each
 Instance.
 The Armstrong will case engaged the attention of the superior court yesterday during the entire session. The examin- alton oe Attorney George A. Tyler was continued as to the similarity of the two wills drawn by him, It was shown by his testimony that the amounts left
 Miss Lizzie Armstrong, the appellant,
 was the same in both instruments.
 MT. Tyler was subjected to rigid cross examination by Judge Stoddard.
 MT. Armstrong's mental condition was
 en9uired into. In answer to questions respecting this phase of the case MT.
 Tyler was very sure that the testator's
 mind was in sound condition.
 James D. Dewell was called to testify
 as to MT. Armstrong's qualifications for
 doing business. He said that he had
 found the testator to be quiet and
 reserved man, but especially alert in
 business matters, and man who, if
 left to himself, was competent of mak-
 ing a disposition of his property. George
 Armstrong of New York, who succeeded
 the testator, Lorenzo Armstrong, and
 was named as the eXcutor of the will,
 was called. He testified as follows: On
 January 1, 1894, my sister Arletta (Mrs.
 Tenney) came to see me at the Hotel
 Savoy. I sailed on the fourth. Don't
 remember that I had been out of the
 United States for ten years previous
 to this. My sister said that Lizzie was
 visiting fathers house frequently, and
 intended to bring her mother there to
 live. I did not inquire from whom she
 heard this report. Do not remember that my attention was called to the fact at any other time. It was sur
 prise that Lizzie was calling frequently. and intended to bring her mother there to live.
 The first part of the statement did not particularly surprise me, for l had
 known eor year that she was calling there. Think that I had known of Liz zie going there for five years previous. I don't remember whether I expressed any surprise in the matter or not. Arletta spent the day with us at the hotel and then went home Father first spoke to me about making a will, saying that he was growing old and | asked where he should make it. That was all the conversation we had at that time It was in the summer or fall of 1879 that father said he wished to draw a will MT. Jacobs took memorandum | as my father dictated. It was then read to him. He asked me if thought it all right I told him that he had not l provided for his wife, to which he re- piled that she was i'll and would prob ably no. survive; if she did she would have her dover rights. I then told him of the promise he had made Elizabeth | and suggested that he make the amount larger. He said that he had considered the matter and that he thought that ample provision had been made. l Did you testify in the probate court that provisions were made for his wife? ! I think not; I testified that there was a provision to give her dover right in l money.
 do not remember just when said 1 to my father that I thought that he should make a larger provision for Lizzie. cannot say why 1 said that it
 would be wiser and better, other than should personally have wished that she should have a larger portion. The residue of the first will was divided in l to four parts.
 l I was as familiar with my fathers affairs as he was himself. We went to 1 MT. Jacobs office twice-once for the i drafting and once for the execution of l the will The first will provided lega- i cies to his brother and three sisters, | $1, GOO each; $5, GOO to Miss Merwin, s5,000 l to Elizabeth, $50, 900 to John Chard Grif- fin and the balance to be divided in four equal parts.