The evening times., 1897-01-18
THE VAN R|sW|cK CONTEST
Another Suit Brought by One of
the Daughters.
JUDGE McCOMAS PRESIDED
The Trial Promises to Develop Into
Battle of words-The Charge Is
Made That a Nephew Exercised
Undue Influence Over the Tess
tator-The Opening Argu ments.

The contest over the will of Mary
Van Riswick, upon suit brought by one OF
her two daughters who was dissatis-
fled with its provisions, and who alleged
the exercise of improper influence upon her
by Attorney w. J. Lambert, beneficiary
under the will, came on for hearing this
morning before Justice McComas of the
District Supreme Court.
Considerable time was consumed in the
selection OF a jury, but finally. upon mo-
tion of Attorney X. Ross Perry, the panel
was made up from a list Of twenty men
who had been examined in open court as
to their qualifications, and the Jury was
composed as follows:
Jerry F. Ritter, Eugene r. Russell, Charles
butt, George w Shoemaker. John j. Fis-
ter, ST.; Charles Behrens, w. Ii. johnson,
George R. McReynolds, George Kelley.
Henry Hegerty, william A Cunningham.
Elmer Dement, and william H. Rollins
ThedeCedent' 'shusband John Van Riswick
was at one time prominently identified
with Washington business, having been
connected with the Union Savings Bank.
the Great Falls Ice Company, and the
Southern Railway. Naturally, his estate
was largely in stocks. Mrs. Mary Van
Riswick, the widow, died February "a,
1896, leaving property by will under date
of February II, 1894. which was valued
at $500 900. After making several small
requests to grandchildren, so much Of the
estate as remained, the bulk it, was left
in trust, the income therefrUm TO be di-
vided equally between her two daughters
Mrs. w. K. Carr and Mrs. T. A Lambert
Upon the death Of either, leaving heirs,
the share in that case TO 20 to such descend
ants but If there should be no children,
the surviving daughter OF Mrs. Van Ris-
wick should succeed to the whole Of the
property for life. and upon her death I was
to descend by heritage to her children. but if
no children in that event survived, the es-
tate was to be divided among heirs at law.
Mrs. Carr objects 20 this disposition Of the
property, and instituted suit to have the
will set aside. In her petition she al
Ieges that Mr.. W j. Lambert. her nephew,
and the grandson OF Mrs. Van Ris WICK, had
exercised undue influence upon the mind of
the testatIix, and procured a VIII not in
accordance with her mothers wishes.
Attorneys A. S Worthington and K Ross
Perry are counsel for Mrs. Carr, and Mr.
Harry Davis and Judge Jere Wilson appear
for Mr.. Lambert.
Tie trial promises TO develop into a bat
tie of words, and each side pressed eagerly
for the best chance at the jury. Judge VIII
son insisted that the Cayeatees should have
the opening and closing, while, on the other
hand Mr.. Perry contended that the privi-
lege belonged to them. Judge McCOnIas de-
cided that, while he quite agreed with
the logic OF Judge wilson's argument. still
tie Maryland authorities all hold that the
caveator should have the point desired In
so rulingIt was ordered that Mrs Carr, the
repudlat0r CT the Will, should be desig-
mated the plaintiff and that Mr.. w. j. Lam
bert be termed defendant.
The opening TO the jury was made by
Mr.. a. 5. WoTthingtol.
Mr.. WorthingtOn, in his opening. referred
to the visits Of the deceased TO the home
of the Lamherts, and said she always ex-
pressed a relief when they were terminated.
He claimed TO be able to show that Mr..
Wilton J. Lambert had Influenced his
grandmother in the making OF the will at a
time when Mrs. Van Riswick was unusu-
ally feeble and unwell, she not having re-
covered fully from an attack of the grip.
Mr.. William F. Mattingly, who became as
sociated with counsel for the defense OF
the will, delivered the opening statement
on behalf of Mr.. Lambert