The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-05-28
FRANCIS WILL CASE
IS BEING AIRED
Son Is Trying to Break Will Made BY
His Mother.
GROUNDS FOR THE PROCEEDINGS
He Alleges Among Other Things That
His Mother Was Not Of Sound Mind
At the Time the Will Was Made.
Evidence That Was Offered Yester.
day..Verdict Taken in the Martha
Pritchard Case.

An appeal from the decision of Regis
ter Of Wills Hopkins is on trial before
Judge Gunster and jury in court
room No. .. 1t Is In the Rachel Francis
will contest. The decedsnt lived in
Providence and died there two years
ago. She left will. made in 1884. dis
posing of her estate, which is worth
about $4,000. and in that will she dis
inherited Evan NJ. Francis. one of her
children.
He attacked the will before Register
Hopkins on two grounds: one that she
was not Of sound memory when she
made II, and the other that she mar
ried a man named John Williams after
she made it, which fact, II true. would
invalidate the document. The case
was tried before the register and was
contested with all the legal skill that
the disinherited son could obtain.
Eventually the decision was against
him and the will was sustained.
His next step was to take an appeal
to the orphans court from the deci-
sion Of the register, and after hearing
and argument, Judge Archibald decid-
ed that there were questions Of fact
involved In the case. which should be
submitted to a jury: accordingly, he
issued an order framing an issue to be
tried in common pleas court and Evan
NJ. Francis was named as plaintiff and
James E. Francis and Elizabeth Beale,
the two benefciaries under the will.
were named as defendants. Attorneys
Hulslander & Vosburg represent the
plaintiff in the trial and Attorneys
John f. Scragg and George w. Beale,
the defendants. The case will be fin
ished this morning.
PLAINTIFFS SIDE OF CASE.
The plaintiffs side of the case con-
sisted principally of offering in evidence
the testimony taken before Register
Hopkins. Rev. William Edgar. Of the
Providence Methodist Episcopal
church, was called to the stand by the
defendants and produced the church
record Of marriages, deaths and births.
Williams and Rachel NJ. Francis were
united in marriage by Rev. w. ]. Judd,
then pastor of the, church.
1t was then shown that Williams
lived with her three or four years and
left for Patagonia, South America. He
never wrote home. but it was UNDER
stood that he was, and for all they
now know, Is still alive there. The
PLAINTIFF claims that about Christmas
time. 1886, his mother and John Fran
els were married. The defendants ad-
NIT that John Francis lived at the
house for awhile, but deny that he was
married. James f. Francis testified
that he turned John Francis out when
he heard the latter was reported to be
his stepfather. A nelghbor named
Diesline was sworn and he said that
the decedent was at his house one day
and he accosted her with. )" lie Gents,
Mrs. Francis?" and she dIsavowed be-
ing Mrs. Francis This was when
Francis lived at her house.
VERDICT AGAINST PITCHER.
In the case of Bartholds e. Edwards
against Martha Pritchard the jury re-
turned q verdict of $500 for the plain
titf with interest from Nov. Z, 1889. The
suite OF g. c. Steere against d. X. Oak
ley will go to the jury today. The evil
dence Is all in and argument will be
made to the jury. The defendant ac-
counted for what Mr.. Steere claims
was an overpayment Of $1,000 on a
mortgage by claiming that the plain
tiff agreed to pay 10 per cent interest.