Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1897-11-18

Juneau, Wis, Nov. 16.-The jury in
the second trial of the Baker contested
will case in Judge Dicks court returned
a verdict in favor OF Contestants Adel-
bert and Ruby Baker, children of Ba-
ker's first wife. Dennison Baker was
a leading business man and one of the
wealthlest citizens OF Neosha. He
died February last, leaving a large
fortune to his second wife, Nancy Ba-
ker, with the exception OF some small
amounts TO his children by his first
wife and to five grand children. The
estate was valued at 100000. The
contestants objected on the ground
that the will was not executed in due
form of law, that the testator was not
of a sound, disposing mind and men,
DRY when he executed the will and that
he was under undue and improper in
tluence when he signed the will.
Dennison Baker was for years the
leading business man and weaIthiest
citizen CT the village of Neosha. On
the 18th day of last February he exc
cuted will, the terms Of which gave
to his wife, Nancy, all of his immense
son, Adelbert Baker; 500 to his
daughter, Ruby Baker, wife of ex
Mayor Rector of Oconomowoc; $3.50
each to Grace and Josie Rector, his
grandchildren, and SO each to the five
children Of his deceased son, George
IT,, of
George reside in Montrose, Mo Ac-
ccrding to the terms of the will his
wife was named as sole executrix
without bond.
Mrs. Baker is the testator's second
wife and was married to him about ten
years ago. The contestants are Adel-
bert Baker and Mrs. Ruby Rector, chill
dren of Mr.. Bakers first wife. Mr..
Bakers second wife is sister of Miss
Julia Clark, author of Driftwood and
several other novels, and is also sis
ter-in-law of Lieut.. Chase of the
United States army, who attended the
trial
Mr.. Baker died on February %, 1897.
A few hours before Mr.. Baker signed
the will presented, he signed will
alleged to have been written in pencil
OF his wife, Nancy, which gave her the
use of the property during her life.
! This was presented and testimony was
| offered by the contestants to the eff
| feet that MIR. Baker had declared sew
| eral times to new friends that he in
| tended to let the law dispose of his
property, which meant that he intend
ed that she should have her dover
rights only. Some discussion arose at
the time as to the validity of the pro-
posed will and, according to the tes-
timony OF one of the witnesses called
upon refused to sign it. Julius Mar
| tin, one Of the witnesses present at the
time, came back in the evening bring
| ing with him copy OF his fathers
will, with the aid of which a new will
was drawn, giving the widow all Of
! the estate, which is valued at 100000,
and two farms and the Neosha flour
mills. Mrs. Baker is about go years
of age and Mr.. Baker was about II
years vi dS0 lL ulS uSdCD' 4NCAShDoAS
testified to his feeble condition.
: The case was first tried in the coun-
! ty court, where the will was sustained.
On that trial DR.. Voye of Oconomowoc
| testified that he attended the testator
and that he was incapable of making a
will. On this trial Judge Dick eX-
cluded all the medical testimony, on
! the ground that in accordance with
! late decision of the supreme court
physician shall not be permitted to
testify to anything he learns as family
physician, without the consent Of the
party he attends, and, Mr.. Baker be-
ing dead, this of course could not be
obtained
The jury, after being out three
hours, rendered verdict setting aside
the will on the ground of undue in
fuence. In cases Of this kind the
verdict Of the jury is merely advisory
and the Judge can do as he pleases, but
the judges charge clearly Indicated
that he was in sympathy with the jury