The Providence news. (Providence [R.I.]) 1891-1906, 1896-12-16
When He Made One Daugh-
ter ReSiduary Legatee?
The Three Who Were Left Nothing
Assert That He Was.
Family Skeletons Dragged Into Public
View In Common Pleas Court.

who died last spring was or not in
sound ana testamentary condition of
mind when he made an instrument on
June 7, 1894. that IA now offered as his
last will and testament was submitted to
a jury in Judge Rogers Court this morn
ing.
The testimony submitted was quite ex-
tensive snd very sensational, and the
case was closely contested as could not
fail 10 be the case with the counsel on
gagged on either side. Jonn Miller was q
tanner, and had real estate on Camp
street ns well ss in other parts of the city
valued ct $4,000 and also left personal
property which brought the-paiue- of his
estate up to $40, 90. at the time of.bis de-
cease.
The provisions CT the will, which is
a brief enc. are that the testators debts
be paid: each Of the grandchildren, who
were Clifford Huntington Miller. Minton
Miller, end Maud Evelyn Miller, is
given $500 and sDould one Of them die
during the testator's life, les wing a child,
that child was 10 get lis parents share.
The residue and remainder of the estate
was Ieft to Annie NJ Miller. The latter
was also made executrix Of tha- will and
not required to give any bonds. The
three other cbii5ren of Mr.. Miller are
dissatisfied with this distribution made
CT the estate.
The will was admittsdto probate by the
Municipal Court in this city and Clerk
Field was called to give formal testimony
as TO tho probate Of the will. Witnesses
were called as to the preparation and
execution OF the will. Louis l.. ANGEL.
Esq., was the first to be examined on
this point.
Office a couple of days before June z, 1884,
and gave instructions for the preparation
Of will On tho latter date Mr.. Miller
returned for the Will and requested wit
ness to go with him to Brown Brot hers
store In Butler Exchange. There the
will was executed, Mr.. Angel, William
j. Vsughn, Jr., and Rufus b. Con
acting as witnesses, the two latter being
employees OF Brown Bros. Up to this
time Mr.. Angel never knew nor had
heard Of Mr.. Miller, and he said on
cross examination that from the result
of observation at tine times connected
with the will he formed the opin ion that
MIR. Miller was of sound mind.
William Nasg AH, Jf., shia- he-had
known the testator, John Miller, a good
while, and Cn the day the will was
executed MIR. Miller was apparently In
sound mental ccnoitfon. On cross exami-
ination witness denied, though ne had
frequent business dealings with tho de-
ceased, he had ever noticed him under the
ing II the deceased was not OF very
irritable disposition the witness replied.
"no more than any other human being"
This led Mr.. Cushing TO say: "You may
be an expert but want TO know ~ he
was of irritable disposition" After a
good deal Of parieying witnoss said de-
ceased was not of an irritable disposition.
Rufus B. Harris, the third witness to
the viii corroborated the statements OF
the previous witness and said tnat Mr..
Miller declared II was his last will and
requested him 10 sign ss a witness. lie
was sure that Mr.. Miller and not Mr..
Angel ASKED him TO sign ass witness,
and Mr.. Goh said he also asked My. Mil
Ter II he should sign ss he wished to be
very careful having on many occasions
performed the duty OF witnessing wills.
lie had never been q witness in a Will
case before, ss none Of the parties whose
wills he had witnessed had vet died.
This furnished the formal testimony
In support OF the will ana then as in the
manner Of procedure I'm appeals from the
decision OF the probate courts Attorney A.
j. Cushing OF counsel for the appellants
stated to the jury what his side expected
to prove.
Mr.. Cushing said that II would be
shown tbat when the will was made Mr.
Miller wHs of unsound mind. that he was
unduly Influenced In the msking OF the
will by his dsuGt ter. Annie NJ. Miller, In
providing for the distribution OF his os-
trte and that Mr.. Miller was q men con-
stiDily under the influence o' liquor.
The four cnilcron of deceased are VII
liam A. Miller, susan T.. sphinx, Annie
"a. Miller and John l.. Miller. Mr..
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