The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-26
RIGHTS OF SISTERS
CONTEST OVER JULIA WILLS WILL
is ARGUED IN SUPREME
COURT.
stst* 4-st4EHtt Htr~
SHE WAS A CATHOLIC SISTER
AND WILI.EDs HER PROPERTY TO
THE ORDER OF ST. BENE-
DICT.
IS MIR. HOSHAW COMPETENTs
Question Raised in Probate Court
On a. Motion to Discharge u
Guardian

The supreme court yesterday heard
the arguments in the matter of the
estate of Julia Will, deceased, in which
is involved the rights of the deceased
to bequeath to the Sisters Of the Or
der of st. Benedict. of which she had
been a member for fourteen years.
The will is contested certain property
to which the father claims to be the
sole heir, on the following grounds:
First-That the same was not witnessed
by two (2) competent witnesses.
Second-That the same was obtained by
undue influence exercised upon the testatriX
and that she was not free moral agent.
Third-That the will should not have
been admitted to probate, because testatrix
left no property upon which the will could
operate.
Under the second clause the con-
testant claims that the will is invalid,
on the ground that under the oath OF
obedience to rule SO, of the Order of ST.
Benedict, the teStatri was as complete
ly Invested cf freedom as though she
were a lunatic. The respondent, how
ever, holds to the opposite view and
argues that the woman must not be
held to be incompetent or under undue
influence, because the members do not
look for rewards which are worldly
and know when they enter it that the
work of the order is not a path. of
roses. 1t is claimed that the court can
nCt hold that the years Of study, medi-
tatiOn and prayer necessary to fit one
fer the vows of the order, cause the
loss of her mind and memory and
destroy her testamentary capacity.
The contestant claims that the order
possesses the body and mind Of
teStatriX and that q more perfect eX-
ample of undue influence could not well
be conceived Against this the re-
spCndent claims that the testimony in
the case shows that the testatriX, at
the time Of the execution of the will,
was in fair physical condition, and
that her mental condition was very
good; that she was a woman Of ex-
cellent education, and that at the time
OF the execution Of the will, was direc-
tress of the musical department at the
Ladies academy at ST. Joseph, Mimi,
conducted Ey the order Of which she
was a member; that before she signed
her will she stated to her subscribing
witnesses that she wanted to make her
will, and wanted them to he her wit
nesseS to the same; that at the time
OF the execution Of the will, she had
! been a member Of the order for at least
fourteen years.
The testimony further shows it is
claimed, that person desiring to be-
| ccme a member of said Order of st.
!
years. That all the rules, regulations
and duties Of its members are fully eX-
| planned to them before they are per-
mitted to make their profession to said
OrGer. If there is any undue influence,
! say they, then it must be the free,
deliberate, and voluntary act Of the tes-
tatrix in assuming the burdens, duties
and obligations of the Order Of st.
] Benedict. The court, they hold, can
not prevent anV person from assuming
| these obligations, and taking such
! vows as she or he may see fit, as long
! as she or he, Of her own free will, and
! with full knowledge Of its burdens, obi
! gates herself to assume them and carry
/ them into execution.
! Previous decisions are cited t. the
| effect that a teStator may be affected
! by his association and external in
fuences, he may nevertheless dispose
of his property as he pleases by will,
if it be his own voluntary act; to con-
stitute undue influence, the tesla ter
must be controlled by persuasions, pres
sure or fraudulent contrivances that he
is not left tC act intelligently and vol
unfairly, but becomes subject to the
will and purposes Of others.
1t is also claimed that the annulment
Of the will would be in violation of the
spirit, at least, of the sixteenth sec
ton of the Minnesota constitution
which provides:
Nor shall any control of, or interfer-
ence with the rights of conscience be
permitted, or preference be given by
! law to any religious establishment or
mode Of worship; but the liberty Of
! conscience hereby secured shall not be
! SOS construed, as to excuse acts Of licen-
| tiousness, or justify practices inConsis-
| tent with the peace or safety of the
| state.''