The daily morning journal and courier., 1896-04-23
.arPEAL FROM rRonArE

Made by Mrs. A. II, Kimberly in Regard
 to the Will of Dr. Frederick N. Hond-
 ley.
 In the civil side of the superior court yesterday the trial of the appeal from probate of the will of the late pr. Fred erick H. Hoadley of this city was be- gun before Judge Prentice and a jury The appeal is taken by Mrs. Cornelia Kimberly, wife of August II. Kimber- ly of this city, and sister of the de- ceased Dr. Hoadley. Hon. Samuel Fes- senden of Stamford and ex-Judge Hen ry Stoddard of this city appeared for the executors, and William c. Case of Hartford and William H. Ely of this city for Mrs. Kimberly.
 Three reasons were given yesterday by counsel for Mrs. Kimberly, why the paper purporting to be the will of her brother, the late Dr. Frederick H.. Hoadley, should not be admitted to probate as the last will and testament of the testator. Dr. Hoadley left an estate when he died in Florida on February 26, 1895, which inventoried $74,44S.62, and will was subsequently, offered for probate here. The will was admitted after for nal proof in the probate court and Mrs. Kimberly appealed from this ac- tion.
 Mrs, Kimberly in her reasons of ap- peal alleges that the paper propound- ed by the executors and executed on November ?. 1893, in the office of Judge s. E. Baldwin by Dr. Hoadley, is not the last will and testament of Freder- ick H. Hoadley, and was not signed | by him as such; that her brother was | not of sound and disposing mind ol | mentally capable of executing such an instrument and that the testator was l unduly influenced by some one, un- | named. in drawing the will. | In the will which is under contest l pr. Hoadley appointed Judge William | K. Townsend of the United States | court, and Dr. Clinton Hart Merriam o1 | Washington, D. C., as executors of the | will and the chief beneficiaries under the instrument. Dr. Hoadley bequeath- | ed to his cousin and the adopted daughter of his father, Maria Hoadley Bradley, of Mackenny Baker county Florida, the income of one-half the de- vised estate during her life time. Tc his uncle, Heli Hoadley, who boards at 47 Avon street this city, Dr, Hoad- ley gave $500 annually during the rest of his lifetime for his support. It is
 then provided that upon the death o1 Mrs. Bradley and MT. Hoadley one
 third of the estate shall be given out 1 right to the children of his sister, Mrs 1 Cornelia Kimberly, by her first mar
 riage, one-third to his friend, Judge
 w. K Townsend, and one-third to Dr c. H. Merriam.
 The executors were instructed tc l invest $1 200 in a house for the testa
 tors former servant and friend. Patrick 1 Dugan and his wife. All wearing ap parel, surgical instruments, sporting goods, etc, were given to the execu
 tors for us or destruction, but not fol
 sale.
 In court yesterday Clerk A. F. Welle:
 of the probate court unidentified the vii
 which was probated as Dr. Hoadley' $ Edwin A. Smith, one of the witnesses to the will was the next witness. H, testified that he saw Dr. Hoadley sgl
 the will in Judge Baldwin's office, ant that the witnesses signed at the sam time.
 The inventory of the estate of tn
 late George Hoadley was read and i showed that Dr. F. H. Hoadley ha,
 received over s67, 1000 from his father estate.
 Mrs. Lydia Hoadley Pond was tn
 next witness and she testified that tn relations between Dr. Hoadley an
 Mrs. Kimberly were very loving an
 affectionate.
 The case was still on at the close Q
 court yesterday afternoon. It wli D
 continued this morning.