The Providence news. (Providence [R.I.]) 1891-1906, 1897-11-29
Claims of Mrs. Howard
of North Scituate.
ONE HAS BEEN APPOINTED.
Appeal From the Action OF the
Probate Court Taken.
ALL OVER A LEGACY OF $4,000.

Three different iuries In the Common
Pleas Division of the Supreme Court
were called upon today to consid, r
whether parties who had money knew
how to take care or dispose of 10. Befo @
Judge Wilbur and jury was heard the
appeal of Mrs Abby Il. Howard of North
Scituate from decree OF the Probate
Court of Scituate appointing a guardian
over her property.
The moving party in the original pro-
ceedi nes in Scltuate was Leander Hop
kins. Some ten years ago Mrs. Howard
came into the possession of legacy of
$4,000, from the estate OF a Mr.. Harris OF
this city, and it il charsed that she spent
the legacy so freely that in very snort
time most of 1t was gone though il is
admitted she now owns piece of prop
erty in North Soituate valued at $1,000,
which Is uneEcuin bered. The placing OF
her under guardianship was done on the
plea that she NAV become a charge on the
town because she has no business capacity
and does not know the value of collar.
Henry j. Dubois has since the guar
dianship proceedings have been begun,
been appointed n trustee of Mrs. Howard
under the married womans act. Mrs.
Howard claims, through ber counsel, III.
81
j.. Q. Dubois, that there Is no necessity
for the appointment OF guardian for her,
Overseer OF the Poor Lander gopkins
testified he knew Mrs. Howard about
year. On cross-examination he said Mrs.
Howard had never applied TO Kim for
relief.
Elmer O. Card testified he knew Mrs
Howard about 10 years and was asked IL
he kuew her when the legacy was left her.
III. i. Dubois counsel for Mrs. Howard.
objected TO the question as this legacy
was left to her over 10 years ago, and the
question was simply as to her condition
at or about tho time the petition was
uled.
franklin P.-0weH,- counsel for the
overseer of the poor. after Judge Wilbur
had read the authority, MIR. Dubois had
quoted the words ;at or near the time
was u general expression, and it seemed
proper TO show how a person used money
when they did have IL. Not that MIR.
Owen said, 1t was claimed she was des-
titute now, but that she had no control
any mopev.
Judge Wilbur thought the time of the
legacy TO remote.
T. G. Dubois claimed the action OF
the overseer was premature but that he
and those at whose solicitation he was
acting were afraid Mrs. Howard would
sQuRnder some money she was yet TO re-
ceive.
Mr. Own argued that If the action was
not delayed the remedy would BE- as effec-
tuul as locking rbe door Of the barn after
the horse had escaped.
Judge Wilbur limited the enquiry as TO
Mrs. Howard's extravaganza To one year.
Mr.. Card said Mrs. Howard had re-
qu,stod him to put by expensive cologne
and smoking sets for her, though she
olaimed TO be pure Once when her
husband was sick. witness visited Mrs.
Howard q home. She said she was out
OF fuel and food and when there was
. further enquiry about whether she had
any income, Mrs. Howard said she had
written to her lawyers. a few days after
Mrs. Howard came TO his store ana wanted
to he trusted for a calico dress, saying she
had spent Sl5 received from her lawyer.
There was further objection TO Mr..
Cards testimony, but that gentleman
said he knew when he visited Mrs How
ards home there Twas every evidence Of
poverty. Mr. Howard had horse blankets
over him and the table set ana only
crackers upon IL. Sometime afterward
\ rs Howard bought wagon on the in.
stalment plan.
Mr. Card was asked by Mr.. Owen IL in
his opinion Mrs Howard was capable OF
managing her estate, but Attnorey r. q.
Dubois objected and the court sust aimed
the opinion on ths ground that Mr.. Card
was not an expert
On cross-examination Mr. Card said he
was the uerson appointed 10y the court OF
probate Of Scituato as guardian, but did
not know OF his appointment or that his
appointment was under consideration un-
til after IL was made.