Evening star., 1897-01-19
THE VAN RISNICK WILL
The Trial Runs Into an Argument To
day.
Legal Eject of Testimony Raises n
Question at the Outset
OF the Case.

| Inc tr1al OF the contest over the Will OF
! the late Mary Van Riswick, widow of
| John Van Riswick, a well-known citizen
| of this city, was resumed before Judge Nc
Comas, in Circuit Court No. 2. this morn
| ing, the little court room being crowded
| by witnesses and those interested in the
! case. AS explained in The Star yesterday,
! the contest was inaugurated by Mrs. Mar
| tina Carr, a daughter of Mrs Van Riswick,
who charges that her mothers will, made
February II, 1894, was made. procured
| to be made, through the undue influence of
| the testatrixs grandson, Wilton ]. Lam
bert. who was named. together with his
aunt. Mrs. Carr, an executor Of the will, or
! of some other person or persons.
When The Stars account of the case
closed yesterday. Mr.. A. 8. Worthington,
associated with Mr.. r. Ross Perry as coun-
sci for Mrs. Carr, had opened the case 10
| the jury, explaining to them the facts
which they expected to establish in sup
port Of their contentious. Mr.. Worthing-
| ton was followed by Mr.. VIM. F. Mating
ly. who. with Messrs. Jere M. Wilson and
! Henry 4. Davis. represent Mr.. Lambert.
| Mr.. Mattingiy explained to the jury that
undue influence really amounts to coercion
and is not mere persuasion. Mrs. Van
| RiSwick, he said. was a woman of strong
| character and determined will and perfect
| ly capable of not only managing her own
| affairs, but also of expressing her wishes
1t was true that Mr.. Lambert, her grand
| son, held intimate business relations with
Mrs. Van Riswick, and it was equally true
| that she esteemed him very highly and
had the utmost confidence in and respect
| for his abilities. But all that was most
| natural, and her will but reflected her re-
| gard and confidence
MI. Mattingly stated that Notwithstanding
| the close relations which existed between
| Mrs. Van Riswick and her grandson 1t
/ hot Ha
any ore else eXerted any undue influence
| over her in the making of the will, and it
| would also be shown that in making 1t
i she acted voluntarily and disposed of her
estate as she deemed best.
1t was not true, said Mr.. Mattingly, that
| Mrs. Carr had only been given a life in
terest in property worth about ST 900. On
| the contrary, he claimed, her mother had
given her life interest in about half of
the estate, after giving Mr.. Lambert one
| piece of real estate, and three pieces to his
| The piece of real estate given to Mrs Carr
for life. 1413 K street. 1t was provided, shall
pass in fee to her issue, If any, as well as
one-half Of the residue of the estate. the
latter provision also applying to Mrs. Carr's s
| sister, Mrs. Tallmadge A. Lambert, both
being given the profits and income for life
| of such residue.
| Upcn the conclusion of Mr. Mattingly's
| remarks, counsel for Mrs. Carr called as
| their first witness DR.. Geo. P. Fenwick, for
| the purpose Of showing that his brother
! VIM. H. Fenwick. is too i'll and infirm
+, TO testify in open court. This testimony
was submitted for the further purpose of
authorizing the reading of Mr.. Fenwick' s
affidavit. Mr.. Lamberts counsel objected
| to the reading of the deposition until after
| Mr.. Fenwicks physical condition had been
| further inquired into. ard the matter went
| over until today in order to allow such in
Quiry TO be made.
Troublesome Question.
The next witness called on behalf of
| Mrs. Carr was John McGregor, a builder
ard contractor. Mr.. McGregor stated that
| about two years previous to the date Of
| Mrs. Van Riswick's will he held a CONVEX
sation with her respecting the future dis
| position by her Of certain real estate. He
was asked what Mrs. Van Riswick said,
| when counsel for Mr.. Lambert objected,
contending that the inquiry was imma-
| terial and irrelevant. Counsel for Mrs
! Carr argued to the contrary, and the trial
vas adjourned for the day with the mat
ter still at issue. When the trial was re-
sumed this morning Mr.. Davis explained
| that the question raised by their objection
would be cropping out all during the trial,
| in all likelihood. and for that reason 1t
was desirable that it should be passed
upon at the very outset of the case. He
also explained that arguments on the uues-
ton would undoubtedly occupy the atten-
tion Of the court during the entire day,
and at his suggestion Judge McComas dis
charged the jury for the day.
In excusing the jury, Judge McComas
cautioned them against talking about the
case with any ore, and against allowing
any one to converse about 1t in their pres
ence. If any one approached them about
the case they should at once inform the
court. The judge also cautioned the Jury
against reading newspaper accounts of the
trial, telling them that they must decide
the case on the testimony submitted at the
| trial. unbiased or uninfluenced by anything
outside Of the case.
The Trial Adjourned.
Mr.. Davis then addressed the court In
support of the objection made to the ,ques-
ton asked Mr.. McGregor, being followed
by Mr.. Perry. But before Mr. Perry had
| concluded his remarks Judge McComas ad-
5ourned the trial until tomorrow morning.
because of the engagement elsewhere this
afternoon of Mr.. Lambert's counsel It is
understood that Mrs. Carr's counsel ex-