Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-12-02
KAN ~ WILL CASE.
Evidence Concerning the Testator-Cases
cited on an Objection.

the question whether certain paper
writing was the last will and Testament
OF Michael Kane, the case being that |
of J. Frank Ball. guardian for james
and Thomas Kane VS.. James ii. Kane, |
executor of Michael Kane. Judge |
Ball and II. II. Ward represented the |
plaintiff, and william I. Lyman. the |
defendant
On February 18th. 1902, Michael
Kune executed will He died in May
of 1893 and letters Parliamentary were
granted to james II. Kane, his son.
Sometime after that j. Frank Ball
was appointed guardian Of the two sous
of Thomas Kaue, a son of Michael
Kane, and he filed a petition 10 tho
Office of Register OF Wills Crossan asH-
ing for review Of the will. Thareupon
the matter was sent up to the Superior
Court. The attestiug witnesses 10 the
will wers John >. Rossell, Michael
Hsssion and William II. Holland.
First, Mr.. Lyman presented evidences
to establish the will. John $. Rossell
answered the statutory questions show
ing that the will was the last Will and
testament OF Michael Kane, that it was
HiRned by tho witnesses and by Mr.
Kane in the presence Of each, and
tuHtt III nib DDlulUut hduO n"o ~
sound and disposins mind and memory.
Upon cross. examination. Mr.. Rossell
said he wrote the will for Mr. Kane
from notes which he tnok while iis-
cussing the matter with Mr.. Kane.
The will was finally completed after
three or four interviews. The testdtnr
had thought to leave 800 to servant
but, upon the assurances OF james II.
Kane that he would attend to that. 1t
was left out of tho final draft OF the
| will. Mr.. Rossell also drew up Mrs.
| Eane's will about the same time. lie
could not recall who made the aug'
| Eestion that MIR. Kane leave $500 in
| trust TO each of bis gTandsons. Tho
testator was feehle but waa able to
move about the room.
William II. Holland also testified to
| witnessing the will. Michael iiessioD,
the other attesling witness. is dead.
Register OF Wills Ciossan testified to
the proceedings in his office.
| II. II. Ward. in opening for the con.
testapts OF the will, said they would
show that it was most unnatural in its
provisions, that Mr.. Kane's mental
condition was such that he was entirely
under the control Of JAMES III. Kane,
and that j. II. Kane's will was his
will; that Mr.. Kane had saiG after the
will was executed that Jimmie and
the old woman had made il.
DR.. Joseph r. smith was called to
testify concerning Mr.. Kane's condi'
ton after an accident awhile before
the execution of the will, for which he
attended Mr.. Kane. The patient had
lost his reason, he said, and ii was rot
altogether restored, his mind never
being entirely clear when he Waited
him.
The cross examination was still il
progress when adjournment was made.
Philip @. Churchman, for the do
PENDANT, reported settlement in progress
in the cass of Linton Smith vs.. Sett
A. Feaster.
In the case of Delaware Lodge. No.
|, ]. o. o. f., VS.. George Allmon,
Horace Greeley Knowles was allowed t.
file an amended nRrr.
Lilburne Chandler was allowed to fill
an additional narr in the case of Taylo
va. the Mutual Benefit Life Associa
tion.
The court Tuesday morning fixed thu
time for trying the special Jury oaseH
The case OF John McNRlly vs. the Della
ware Iron Co., was continued by con
sent, The case OF Ellen X. Lewis vs.
the Wilmington City Railway Co., wa
fixed for trial December 9th; that o
Joseph W. Sewell VS.. the Wilmington
City Railway Co., December 10th
William o. Shallcross vs.. the T., ".
: b. Railroad Co.. December 18th.
At the afternoon. session OF court
William b. Carswell and EdwaIt
Carswel testified that Michael Kan
, was drinking man and that the.
, rarely saw him when he was not unde
the influence of liquor in the latte
years of his life. On cross examination
7 Edward Carswell denied that he 9TH
Q witnesH) was sent TO Farnhurst suffer
T ing from deirium trenlens. but said b
was confined there because "Milt'
, Solomon wanted to get him out CT tn
Z way.
J patrolman Michael j. Maloney als
! swore that Kane waE bard drinkeT
4 He was asked to tell Of conversation
0 ne had with Kane after Mr.. Rossell ha
: boen there to writ tho will. Willi9L
Il. Lyman, who represents James II
!, Kane, the executor, objected to tn
8 question. judge Ball, for tho grand
!. children, who contest tina will cite
J. cases in support OF the admldsIo
/ of the Testimony.
o Judges lore and Iloyce decided I
b admit the testimony, simply as apply
II ing to tbs mental oondition Of Michat
i Kane. Judge SpruanGe dissented
II Officer Maloney then testified tina
while ia conversation with MIR. Kan
!, about two days after the will was mRd
I; Mr.. Kane eRic; 81 have made M
I; will" sis that so?' asked Maloney
h "Yes," replied Mr.. Kane. 1t is ne
J. my will, Jimmie and the old woma
:; made ii. "
i The case of James A. Kelley vs., th
It Republican Printing and Publishin
2 Co.. was continued for settlement. q
h the ground of the aahouce OF materii
II witness for the plaintiff the euse {
o William Il. PrettymGn Va. Edwin /
10 Williamson was continued until u
next term. Judgment for SGD. rs Il
l. Il. Il. Rooney was given in the appeI
u case OF j. B. Stidham VS.. Rooney. Cor
!; tnuapce was granted 10 the case of tt
Of Port Kennedy Stag Works VS.. Fran
L A. Mitchell.
I. Publication was ordered in the d
,, vorce cases Of Hannah E. Glenn v
g Robert @. Glcnn. Lizzie Dinesn v
., Dennis Dineen. and Edwin q. Mea
's Va. Lydia l.. Mead. In the first tN
9, cases the comm issioners favored Il
u granting of the divorce, but the Mea
o. return was not opened. The commi
!, sioner in the Glenn case recommends
:. that the children be given into Il
I'd custody OF the mother.
ly Court adjourned at Las until
l. O'Clock this morning.
10 --sa------
ID Another Fire In Cecil County.