The morning times., 1897-01-27
4 DECLARATION RULED OUT
An Important Decision in the
Van Riswick viii Case.
TESTIMONY TO BE EXCLUDED
The Ruling of Judge McComas VIII
Have q Far-Reaching Effect-An-
other Question TO Be Argued
Today-Miss Cleary Still on the
stand

'sDeclarations of the legateeS under
will are not adniissable,' ruled Judge NC
Comas Yesterday afternoon in disposing OF
one legal point of the VanRiswlck Will con-
troyersy. III fact, from legal STANDPOINT,
that is the extent to Which the case his
developed since Monday afternoon, When
the court adjourned to listen later to argu-
ment on the point decided. Another ques-
tion came up yesterday afternoon just De-
fore ad journment which Will be argued TO-
day one question a day is regarded as
unusually slow progress, even IN Will
contest, but it was announced that with
several of the questions at law out OF the
way the path for real testimony will be
much clearer.
Mrs. Carr's counsel has sought to elicit
from Miss Cleary, who still remains the
witness under examination, the substance
OF a certain declaration said to have been
ma de by Mrs Tallmadge Lambert, mother
of Wilton and sister of Mrs. Carr, as to
who was trying to get Mrs VanRiswick's
nroperty II was this declaration or a
lecatee under the will which the court
ruled out:
The reason given was indicated by the
explanation that the law would not allow
it because a legatce in any will might
ma Ike declarations which would iniure the
interests OF other legatecs. There might he
cases where nominal legatee purpuSely
made declarations and admissions to defeat
the other beneficiaries. This was why the
law denied such course, and though there
was nothing of that kind in this case the
question and answer were not adniissable.
This point was not disposed OF until after
considerable argument on 10th sides.
Mr. Perry noted an exception to his
honor's ruling, and Judge Wilson, Mr..
Mattingly, and Mr. Harry Z. Davis smiled
broadly at the great victory they had won,
for the ruling means the exclusion OF much
testimony on the line Indicated.
Mr.. Perry announced another question
Tie asked Miss Cleary further as to Mrs
Van Riswick accusing Mrs. Carrot eXtrava-
gance and of selling her property. This,
the witness declared, was soon after a
visit OF Mr.. Wilton Lambert to his grand
mother.
Mrs Carr denied selling any OF her
property" explained Miss Cleary, but
Mrs. Van RiSwick insisted that she had.
Now. then, Miss Cleary, tell us what
Wilton j. Lambert ut any time said, if
anything, about Mrs. carr extravaganza
| and selling her property. What he said
to you," questioned the lawyer.
Judge Wilson objected, and insisted that
| he had authorities on the subject which
would admit of no dispute. Mr.. Perry
took advantage Of the opportunity TO re
veal to the ears of the jurors what he eN-
pected to show, and claimed that he could
| secure an answer Indicating that Mrs.
| Van Riswick had probably secured her in
| formation from Mr. Lambert, because lie
had spoken to Miss Cleary In somewhat
| the same strain OF thought. One of the
| counsel for Mr.. Lambert remarked that
| Mrs. Van Riswick might have herself told
Wilton about it. Judge Wilson, how
ever, insisted on his objection, and there
VIII he another argument today over the
| question.