Evening star., 1897-01-25
Van Riswiok Will Case Taken Up
Again Today.
RELATIONS INSIDE THE FAMILY
The Grandmother's High Regard
for Wilton Lambert.
LO Nc LEGAL B.ATTLE

The second week of the trial of the con-
! test over the will of the late Mrs. Mary
! Van Riswick was entered upon before
Judge MCComas in Cre uit Court No this
morning, the court room again being
crowded.
The will is contested by Mrs. Martina
| Carr, daughter of Mrs. Van Riswick who
| charges that it was procured through the
| undue influence of Mr. Wilton j. Lambert
| Mrs. Van Riswick's grandson or of some
other person or persons. The WILL made in
February, 1894, gave MIR. Lambert a piece
| Of county real estate. said to be worth
about S2oNN and three pieces of city
| property to his sisters in fec A life inter-
est in premises 1i13 street was given to
| Mrs. Carr, the rents and profits of the
residue Of the estate to be collected by Mr.
| Lambert and divided between his mother
| and Mrs. Carr during their lives. with re-
matnder to their issue the issue of the
survivor of them if the other should die
without issue AS executors of her will,
! Mrs. Van Riswick appointed Mrs. Carr and
| Mr.. Lambert
When the trial was adjourned Thursday
afternoon the court had sustained an OBJ
lection made by Mr.. Lamberts counsel
| Messrs Jere NJ. Wilson. VIM. F.. Mattingly
| and Henry E. Davis to an inquiry asked
Mrs. Van Riswick's brother. VIM. A. Fen
wick. by Mrs. Cars counsel. Messrs. r.
Ross Perry and A. S Worthington, as to
| whether Mrs. Van Riswick had been in
| fiuenced. and. If so. by whom. The read
| ing of Mr.. Fenwicks deposition, he being
| too ill to appear in court. was concluded.
| and the trial adjourned until today. When
| it was resumed this morning Miss May
| Cleary was called a witness by Mrs.
Cerr's counsel
| Morning Testimony.
Miss Cleary. daughter of the late james
| K. Cleary. grandniece of Mrs. Van Ris-
| wick. stated that when child she visited
| Mrs Van Ris wick and family at their coun-
! try residence. Van View. From there they
| removed to 911 NJ street and later to 14i3
| X street. Mr.. Van Riswick died in 1856.
| But four children reached their majority,
| and but TWO of them. Mrs. Carr and Mrs.
| Tallmadga A. Lambert survived their
| mother the other two never having mar
| ried. Mrs. Carr, the youngest child. was
n arried in 1885. and Mrs. Lambert in 1870.
| Mr.. Wilton j. Lambert was born a year
| later. He rs two sisters, born later Mrs.
| Van Riswick was in her saventy-siXth year
when she died, last February.
For several years Mr.. Lambert and fam
| lily resided with her at the X street house.
and, after they left, Mrs. Carr and hus-
band came from Norfolk. Va. to reside
| with her, at her request. After her hus-
bands death Mrs Van Riswick. then living
| with another daughter. Miss Mary Van
| Riswick. said that if Mrs. Lambert had
| invited her she would have gone to live
with her Then, Miss Mary having died.
|
| Mrs. Carr to come here and live with her.
| Another time, said the witness. Mrs. Van
| Riswick told her that Mrs. Lambert was
| very eNacting. and intimated that she did
not have the freedom she would at her
own home. She also said frequently that
| Mrs. Lambert when visited by her, COM
PEELED Mrs. Van Riswick to receive her
| friends on the stairs. That is, explained
| the witness, her great-aunt complained
that she did not. when visiting Mrs. Lam
bert. enjoy the freedom of her own house.
Of Mr. p.r-x t,.t
merous objections of Mr.. Lamberts coun-
sci. Miss Cleary related many incidents in
the home life of Mrs. Van RiswIck. saying
that Mr.. Lambert's s mother often complain
ed of her mother buying things. Once,
when Mrs. Van Riswick wished to have a
room kalsomined, Mr. Lambert objected.
saying that kalsomining cost $50 while
WhiteWashing cost only half as much.
| Mr. Mattingly moved to strike that out,
| is being too trivial Not at all trivial,
your honor" remarked Mr.. Worthington.
| For the smaller the expense. the meaner
| the objection
| Miss Cleary said that Mr.. Wilton ]. Lam
| bert called to see his grandmother every
| Sunday morning at 10, staying closeted
| with her for from two to three hours. He
had key to the house, and would let him.
self in. He seldom stayed to see the Carrs
| or any one else in the house.
| Witness was then living with Mrs. Van
Riswick. and the latter, often spoke to her
of the high regard she had for her grand
sons legal and business abilities. She often
| spoke OF having gwen MIN tue manage
ment of her business affairs. and once, when
| her physician remarked that she seemed
worried she denied being so. remarking
that she was very glad to have her gand-
| son SO relieve her of business cares and
troubles in her old age. when she had be-
ccme somewhat blunted. She described
! Kim as very shrewd and able and often
spoke of him having won many big cases
in the United States Supreme CouSt She
generally so spoke after he left her, and
his Sunday visits commenced socn after he
| left college.
| About Will.
| Miss Cleary detailed a conversation which
occurred In the November preceding Mr.
Van Riswick's death, between her and Mrs
Carr respecting the making of will She
spoke of desiring to leave a sister, then in
convent. something, and also something
to st. Paurs Church. She asked Mrs. Carr
how she would like life interest in the
estate, when Mrs. Carr said that if she
was to get anything she wanted it abso-
| luteIy. Mrs. Van Riswick then explained
that she was only trying Mrs. Carr. and
said she would never make a will, as she
| believed people soon died after making
one. Mrs. Van Riswick was. said Miss
Cleary. very superstitious about that. as
well as about meeting funeral process
sions. and opening umbrellas in the house
believing that death would follow.
About two years before she died Mrs.
| Van RisWick visited her sister in the con-
vent. and said she would surely give her
and the church something. but she always
declared that she would never make a will
and denied shortly before her death hav-
ing made one. Miss Cleary said that Mr.
| Lambert's mother often complained about
her mother spending money on Van View
the property given to him in the will. but
ceased complaining about two years before
| her mother died. Mrs Van Riswick smoke
of Mrs. Lambert as ruling everybody. and
being able to attend to more business in
| less time than any other woman she ever
| knew
. The examination of Miss Cleary had not
| closed when, at 12:3O recess was taken
until O'Clock, in order to allow Mr.. Will
son and Mr.. Davis to appear in the United
| States Supreme Court.
MIR. PRITCHARD'S ELECTION