Evening star., 1897-02-03
HER BUSINESS METHODS
Testimony Today in the Van Riswick
Will Case.
Mr.. Darlington Tells Of Drawing the
Document for the Deceascd-The
tiOn.


ing the eleventh of the trial. After The
Stars report of the case closed yesterday.
James Fenwick, nephew of Mrs. Van
Riswick, was called as d witness on behalf
OF MIS- Martina Carr Mrs. Van Riswicks
daughter who is contesting the will, and
charging that Wilton J. Lambert, her moth
er's grandson procured the making of the
will by undue influence practiced by him
upon his grandmother. Mr.. Fenwick testi-
fed to endeavoring to secure a loan of $500
from his aunt, who compelled him to see
Wilton, who required real estate security.
MIR. Jesse l.. Heiskell. of the real estate
firm of HeiskeH & McLeran testified to col
Iecting Mrs. Van Riswick's rents and at
tending to other business matters of hers.
At the request Of Mr.. r. Ross Perry. Mr..
Heiskeil valued the real estate belonging
to Mrs. Van Riswick. showing the estate
to be very valuable ore. Mr.. Heiskel
stated that Mrs. Carr's husband occupied
desk in their office, but was not MEM
Der of the firm.
The first witness called on behalf of Mrs.
Carr this morning was Mr.. Heiskell's part
ner Mr.. John E. McLeran. He stated he
mad known Mrs. Van Riswick for twenty
five years. ard intimately during the last
ten years. His firm collected her rents and
Gid other real estate business for her. be-
ginning in 1899. but her memory became so
defective, and it was difficult to get her
to fully understand business matters dur
ing the last year or SO Of ner life that the
firms connection with her business about
ceased. She became dstrustful of her abil-
ity to transact her business. and appeared
to be cropping about for some one to as
sist her She said her sons-in-law, Mr..
Carr and Mr.. Tallmadge A. Lambert were
not business men, being engaged in their
books. and regretted that they could not
help her in her business affairs. Mr.. Carr
occupied desk in their Office, but was
there simply as any other tenant. Mr.. Nc
Leran. identified letter received by his
firm in August, 1894, signed NJ. Van RiS-
wick. The letter referred to some real es-
tate notes belonging to Mrs. Van Riswick.
1t was read to the jury, counsel for Mr.
Wilton J. Lambert admitting that it is in
his handwriting. During the last year Of
his firms transaction of her business. Mr..
MeLeran said that in his opinion Mrs. Van
Riswick was incapable of transacting any
complicated business without assistance.
amined.
To Mr.. Jere NJ. Wilson. of counsel for
Mr.. Lambert. Mr.. McLeran stated that Mr..
Carr took desk room in their office in 1890.
and still has desk room there. At Mr..
Wilson's request Mr.. McLeran detailed at
great length the conversations he had held
with Mrs. Van Riswick, on which he based
his opinion as to her incapability to tran
sact business unassisted. He stated that
before Mr.. Carr took a desk in their office
a,
real estate dealers. He also understood
that that firm had attended to Mrs. Van
Riswick's property, or some of it, before
his firm took 1t.
Mr. McLeran said that Mrs. Van Riswick
frequently asked the advice of himself
anc partner in business matters, and
thought that indicated in manner an in
ability to understand or arrange her busi-
ness affairs. although he could not say
that the mere taking of the advice of 9TH
ers showed an inability to manage business
matters
To Mr.. A. s. Worthington, of counsel
for Mrs. Carr Mr. McLeran stated that
Mr.. Carr had no connection with Mrs. Van
Riswicks property, and always declined
to nave anything to do with 1t.
Being asked by Mr.. Worthington on what
he had based his opinion as to Mrs. Van
Riswick's inability to attend unassisted to
business. Mr.. McLeran replied on the con-
versation he had detailed and on other
things Which he could not exactly state.
For instance" he explained although /
never heard Judge Wilson before today.
have always considered him a great law
yer"
Nr. Darlington.
Attorney Joseph J. Darlington was the
rext witness called by Mrs. Carr's counsel
He stated tnat he drew the contested WILL
al explained that some weeks before he
drew it Mr.. Wilton Lambert said Mrs.
Van Riswick wished him to draw her will
told by her that she wished to so dispose
of her estate that it she uld always remain
in ner family. She said she desired to make
no distinction between her two daughters,
Mrs Carr and Mrs. Tallmadge A. Lam
tert. She referred to the fact that Mrs
Carr had no children, and remarked that
she had mentioned her intentions to Will
ton. who had suggested that Mrs. Carr
might have children, and that the will
should provide that her share should go 10
her children, if she haG any. Mrs Van
Riswick asked Mr.. Darlington what ne
thought of it, but he declined to express
an opinion, saying she krew best.
She said she did not believe Mrs. Carr
would be satisfied with life interest only
but said her father had given her a great
deal, much Great Falls Ice Company stock,
Mr.. Carr's father. she mad disposed of it,
Mrs. Van Riswick said she had assisted
Mr.. Van Riswick in acquiring his property
and thought she could dispose of it as she
desired. She said the bulk of her estate
Was in stocks, when Mr.. Darlington sug-
gested that a trustee should be appointed
as to the personal estate. She did not like
mat, however. She said she wished Van
view 10 go 10 Wilton, all but two acres
which she wished Mrs. Carr to have. Mr.,
Darlington suggested that 1t was a small
part to leave Mrs. Carr, but she thought
inherently. and then told him that she was
about TO visit the Lamberts for awhile
Mrs. Carr being in North Carolina and
asked him to draw the will before She
went there, SO that il could not he said
that they (the Lamberts) had anything TO
do with it. ~
Matters remained in abeyanee, said Mr.
Darlington. for about ten days or two
weeks. when Mr.. T. A. Lambert informed
MIN that Mrs. Van Riswick was at his
mouse and wished to see him. He call,d
upon her there, when she told him that ff
she must have a trustee she wished to an
point Wilton. She did not wish to make n
VIII II she could transfer her property by
deeds He advised her 10 make a Will. and
requested ter to write out hei wishes in the
matter. Later he received memorandum
! from her, dated February j. 1884 Tho
memorandum, in Mrs. Van Riswjck's hand
writing. was produced by Mr. Darlington
ana shown to the jury by Mr.. Perry. who
can ii attention to the difference in spelling
In 1t and that in Mrs. Van Riswick's ac
count books. the latter being said Mr.
Perry, full of misspelled words The memo
rahdum made no mention of the two Acres
or the Van View property to Mrs carr
and only differed from the will under con
test in that If her children died with,ut
issue surviving them the estate should go
to the lawful heirs of Mrs Van Riswick.
Shortly afterward, Mr. Darlington said
he received message from Mrs Van Ris
wick TO the effect that she wished that i,
her grandchildren died without issue sur
viving them then the estate should go tc
her lawful heirs. Five days later he was
II IV <t<..r4