The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-03-24

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I. sustain the objection to the last sentence
The objection TO tho answer 10 the crti-
tccnth intcrrogatory Of James Converse Is
Z | sustained SO far as to the capacity 20 make
| the Will, but override the objection so far
, as II seeks to show she had sufficient men
! tai capacity. In regard to the testimony of
Bowen, the objection to intcrrogatury No.
, L. Is sustained Ia so far M TO tho answer
commencing with the words, after left
the room"
This brought the proceedings to the ey,
dcnce and the case was then proceeded
with by deposition. the following testimony
being adduced:
THE EVIDENCE
Mrs, Marian Hol.-was acquainted with
Mrs Rice intimately for a number OF years
first became acquainted with deceased
seven years ago. and lived In the same hotel
with her and they became good friends
Deponcnt was IN her company almost every
day, assisted In her receptions and had her
company. Some time In January, 1895,
Mrs, Rice came to my room in the evcnins.
She said she expected to go north and de
sifcd TO maze Mil, she said she had for
! merry made viii, but had revoked ii aud
/ ucslreI TO make another. that she had no
! money TO pay tor attorneys fees and want
eli To know II Nil. Hoit would give her the
! a1Ftce necessary without a cash payuienl
| To tell her he would be glad to assis, he,
IN any Way lse could, About April de-
| ceased handed deponelt q pencil and papci
! when deponent MAS In Mrs Rice's room one
/ sNeuins. and dictated to depouent a rough
| Grdit OF VIII indicating now Mrs Rice
/ desired her property distributed. and tals
I diu not after materially from the will Is
I afterwards prepared in legal form pepc
nent did not kuow why the will was not
executed at that time The nsmnraniun
was handed the doponent later on by Mrs.
| klce with the request that deponent have
| i, put in legal form. This was done and
returned 10 her The N emorandum WAS
the same that deponcnt made In April eN-
/ cept that at the time last mentioned Mrs
Rice made soine additions to tho Will. I
namely She requests to DR. RuthcrT0F7f' and
Miss Bessie Campbell and the clause To-
sardtns papers she had signed Oiher be-
quests were changed some in amount when (
the beQueSis to pr Rutherford and Miss +
Campbell were added. neponont saw Mrs
kice receive open and direct answers 10 /
letters size knew hose who called. and she (
selected from samples dresses she WAS "a I
take with her, aud she knew what WAS 60 /
lax on. pcpoGent here gave Instances OF I
memory which would indicate that the de- I
ceased was OF sound mind Mrs Ri>o io!A .
deponont That she MAS afraid o. MIR. Riccs
anger, that he had raroNysns OF ANGER AMI
from what deponsnt learned she understood
that the relations between Mrs Rice and
her husband wcrr strained Mrs. Rice
stated 10 heporeut that she did not desire
NJ Rice TO know OF the preparation OF the
Will
As FAR as deponents knowledge goes this
was not unusual, as the relations between
them were Yer, strained. neronaut told
VINO MIS- Rices nurses we're when She WAS
ILL., Dcpnaent know \. n. Stansbury who
was employed by Mrs Rice 10 wait on Mr.,
Rice. Deponeut saw him frequer:lv He
d ali
bring her mall in ihe morning
Cross -interrogat Ivy Z. T.. Turner
Mrs. Rice VAS about 81 years % age when
opponent first became acquainted with hes
All conNersAiions regarding the will had
wiki Mrs Rice We're private and heard BY
no one except deponen, the rough draft o,
Me VIII was made In pencil about April A.
but NOT later than April .. Tho will w.,s
written from a memorandum. the memo
raudum benS dictated by Ms Rice Tho
Viii was not written on June !. 1870 1t
MAS written previously. The will vas
signed by Mrs. Rice June !. lSg6. the onIv
persons present being deponent aud the
witnesses Mrs, Anna Wallace and Mrs
Laura Seward. poponCn; sfeadicd Mrs
hiee's hand when she signed the MIL. De,
ponent is the wife OF O. T. Holt. named AS
sole executor Ut the viii
CroSs interrosA,orlrs by contestants at.
to'rcys When Mrs. Rice npohe to dcpo-
uont regarding another Will she said she
referred ID "A Nytll ,Xyiffpy, hy Nfr 4 Al .
lon Mir, Nan,lA Itrrtlr,,,,, ,,,,. ,,I,, -
e,,t AZ any ,,opyrrs,iions h.,t v.,.,,, 3.r6,eI,
aud Nrs Rtre reeo,,iin, ~, 'y,i,i a,o a.
pousnt ana moi communicate v,,l Ntrs
Huntington REGARDING mo viii, ne,orcn,
,ltd noi commandments WIN vr pl.,. rn.,ri
lns Tho will prcnoArJ hv Ms pic, ~ a.
,s,n,nt had h,ap s,,,,-i,Ilv .n{,,r,I ~. No
Rirs tera,,,tne th,s o,,,s,ion Who $50,
thar she Mrs Nir,> cn,,ld nc, n,n MN
MIR Ric, IL he knsvS ~ ,hn vii NJ So
r,,stin,s ,-,r,, ,,,,tc Fl, Mr. No., ,.i',ar,I,
Tho pr,yisinas os mo wlu Nre W,,Mi
iiunftusto,, was In nor ,,int.s 49,, aiY,,os,
every day ana ycrct., i,,,,rs for Nrs -.
Nearly All AZ NJ. pi,o,s tr,a,5s .,Ilsa
Dar,napt couls va, ra,,,n,,hnr III - ~
csli.rS rcw ~ thosa Who c,ll.a 80, ~
,nifts5 ~ 81, her n,nor.,,1 IA W., -
sjAr Mrs Rice,s NINA atssc,,st ,,.,,,,,s ~,
h,,r ,i,rsrt,rc Dsoo,,snt says 49, ,hn',,,n
was written nv hcr NAV al Ises and ,,ss
,al,, - Nrs Istr, Il, ~ a,,a,,,,,,,,,s -,
, ,Sqs nhc,r r,;a-d.v M n,,,,, ,as
,,ressnt heipc NrS Rire trnonen, mi ~,