The morning times., 1897-03-04
ANOTHER WILL NTEsT ON
Sister of the Late Mrs. Anita
COmagere Brings Action.
CAPT. THOMAS LORD DEFENDS
He Is Principal Beneficiary Under
the VIII, No Relative Being Re-
membered-Undu Influence Is
Charged by Caveator-Will Made
on Testator'S DeatEbed.

Following closely upon the heels OF the
Van Riswick will case, which was decided
Tuesday evening, another contest over u
will was begun yesterday. This time the
suit is brought before Judge Cole, in cir
cult court, No. 2, and the pr incipal
Army officer. The paper in dispute is
the alleged final will of the late Mrs.
Anita Comagere.
Mrs. ConIagere lived in n comfortable
house in Mount Pleasant. Her nearest
relative was a sister. Capt. Lord was a
close friend. Her estate is valued at about
Sc 900. With the exception of tw o
small requests of 500 each, she lett
all her property TO Capt. Lord. Her
sister is contesting the will, and claims that
undue influence was exercised upon her
relative by Capt. Lord
The will was filed several moEths ago
and shortly after the death OF Mrs. Com
agere The paper was drawn by Allen
Rutherford, attorney-at-law, whose name
appears oil the document. The caveaJor
was represented in court by Mr.. }. j. Dar-
lngtnn. Judge johnson and ID. W. Baker
appeared as the legal defenders of Capt.
Lord. That officer himself was in court.
He is man of good appearance, with
a heavy mustaciIe, beginning TO tinge with
gray. Ee does not look TO be more than
forty years OF age. He has a large social
acquaintance list.
At the beginning of the hearing the at
torneys for Capt Lord called witnesses to
prove that Mrs Comagere was of sound
I. 10 Of lii rril
The first OF these witnesses was Mrs.
Emma j. Moore who thought that the tes-
tatrix was in a ttuTid frame OF mind on
the day before she died and the same one
on which she made her will, Mrs. Rogers
testified to the same thing. Mary Williams
said ON the witness stand that she thought
the woman understood perfectly what she
was about.
Mrs. Nellie BranSon, a trained nurse and
one OF the henefciaries under the alleged
win, said that her patient was very weak
on the day before she died. She had no
conversation with her and could not say
that she was of impaired intellect. Mr..
Rutherford swore that she was of sound
and disposing mind. He alleged that she
sent for him to come and draw her viii.
Mrs Moore, a neiehbor, who was the other
beneficiary besides those already named,
asserted that Mrs. Comagere was perfectly
rational
Captain Lord was the next witness. He
testified that he went to the house in COM
panv with MIR Rutherford on theday he fore
Mrs Conagere died. She told Mr. Ruther
ford ia the presence or the witness to pre-
pare ner VIII and mentioned over the items
to him.
- saw nothing unusual in her manner
save her extreme weakness he answered
il reply TO u question from Mr.. Baker
What claim did you have onher?" asked
Mr. Darlington, on croSS-eXamination.
None Whatever, more than that OF mere
friendship
witness a;lini ted that he told Mrs. Moore,
one Of the witnes ses to the paper, that he
would consider himself morally bound TO
remember her in some manner for the kind
ness she had done Mrs Comagere in wit
Messing her Will. He said this under the
impression that the maker OF the document
had uEintentionally omitted to remember
her This was in no manler to be regarded
as a mere payment for her services in sign
ing the will alone. he said, but because Of
her many kindneSses to the testatrix.
did you offer 500 to Mrs Moore for
what she had done?" asked Mr.. Darling
ton.
mo SIR
DO you recollcct that you took a bill
from your pocket, gave il to Mrs. Moore
and told her to buy the children some
candy?'
Il have no recollection of doing such q
thing"
"Are you positive you did not do it?''
II don't recollect."
eff YOU did do it, why did you?"
~ possibly did it as a slight compliment
to the children
The case was rested here and the
caveator's attorney began to offer wit
nessas. Mrs. n. Cline testified that the
colored servant Of Mrs Comagere had told
her directly after the death that her mis-
tress had failed to remember her sister
in the will and that she did not believe
that she was of sound mind when she
made it. She left everything Ito that
man. the servant was credited with hav-
ing said
Mrs. Mary Ashton, distant relative of
Mrs. Comagere, said that she was informed
at the house after the death that the
woman's Immediate relatives were not
notified of her death because no one knew
of the addresses of any of them. Agnes
Burnett and Alice White, both colored, tes-
titled that Mrs. Comagere appeared dazed
on the morning Of the day she made the
will
The case was continued at O'Clock
until next Friday.