The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-05-22
THE TESTIMONY ALL IN.
Windham's Picturesque Will Case
Nearing An End.
STORIES OF THE TWO LEGATEES
DO NOT AGREE.

Series of Lively Tits Engaged In
During the Progress of the TriaI-The
Judge SURPRISES a Preferred Wager
Mrs Marcia Libby Tells How the Will
Was Drawn,
The testimony in the Nancy Edwards
will case, which has engaged the attention
of Judge Peabody in the Probate court
two full days was concluded at o'clock
last evening, and the case will be argued
today.
Many novel and surprising features
figured in yesterdays hearing in the testi-
mony of the two principal legatees and
the executor Of the estate named in the
will
Isaac Il. Edwards, the contestant of the
will, resumed the stand at the opening of
court, was asked few more questions in
direct examination by Mr.. Frank and
was cross-examined at great length by
Mr.. Morrill,, He, testified: The parlor
suit was purchased in her own name, but
she didn't happen to have the money to
pay for 1t at that time, and paid for it,.
The $50 mortgage on the farm which
paid was due..to Caleb Morton.
His testimony in cross-examination
was, in substance, as follows:
Last fall l had conversation with my
wife regarding our wills and she said she
couldn't trust Leroy Mason She wanted
me to get somebody else to make our
wills, but told her would just as leave
give our law business to him as to any
body. thought he was honest.
What made you change your mind
regarding him?" asked Mr.. Morrill,.
Because the first time he made out
our wills he made mine all right, straight
to my wife, but hers he made out so that
if anything had happened to her the prop
erty would all have gone to the children.
can't read, and I thought the will was
all right, but my wife was looking it
over one day and said she didn't like. the
wording of it.. She said she wanted me
to have all the property. went and got
Mason to draw up a new will
What made you go to Mr.. Mason if
you had no confidence in him?'
We'll, she wanted me to get somebody
else to make the will, but we had started
in with Mason and we couldn't seem to
let him go. -
son the day before your wife's death
did she say she wanted Mr.. Mason to
make her will?'
mo. She said all she wanted was to
give away her clothes, and wanted him
to draw up the paper
Did you want him?"
"No, but Marcia Libby did. That was
how we came to send for him.
Did you tell some of the neighbors
that you were waiting for Mr. Mason to
come home, and if he didn't come soon
you would have to get Mr.. varney or
Mr.. Cobb?'
"No, did not tell anybody that. She
said anybody would do, for all she wanted
was to have list of clothes made out.
"You had confidence in Mr.. Mason
when your wife's mother was alive,
didn't you?'
''No, SIR
''Who handled the money that she re-
ceived in payment for her homer
"She received $500 or 1925. The money
was placed in Portland bank in her
name, and it was drawn on from time to
time as she needed medicine. Sometimes
she sent in by, the stage driver, and two
or three times Mason brought the ord ers
in and got the money on them. -
''Who handled the money for you when
your wife's mother died?'
"Nason handled it. We had got him
into it, and had to let him go it.'
"Who did the pension business for
your wife's mother?"
fNason did it,
"Was Nancy Edwards your third wife?"
''She was.
''What stock did you have on the farm
when she came into the family?'
-Four or five cows and a horse
''What was the condition of the build
ings2'
"About the same as. they are now.
They were in good condition.
"Were you saving any money!"
eyes, saving right along and laying
out good deal for repairs
"Did you have any occasion to hire
money!"
"Only $50, Of Caleb Morton, and I paid
that short time after 1 was married.
The receipt is in Tom Nason's safe''
"You say you never hired money but
once. The records show that May 81,
1875, you hired $55 of Mr.. Morton and
gave him mortgage; another mortgage
for $62, February 8, 1876, and another for
$50, January 90, 1878. Do you remember
these mortgages?"
II remember only one. know 1 paid
Caleb Morton $50 to clear all owed him -
70 do