Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1897-11-18
A WILL SET ASIDE
DENNISON BAKERS LAST TESLA
MENT BROKEN.
CONTESTANTS FINALLY WIN
An Estate Valued at 100000 Involved
Alleged VIII Gave Most of Big
Fortune to Testator's Second Wife
An Appeal to Supreme Court Is
Probable.

juneau, Wis, Nov. 16 The jury in
the second trial of the Baker contested
will case in Judge Dicks court returned
verdict in favor OF Contestants Adel-
bert and Ruby Baker, children of Ba
| ker's first wife. Dennison Baker was
leading business man and one of the
wealthiest citizens o. Neosha. He
died February last, leaving a large
fortune TO his second wife, Nancy Ba-
ker, with the exception of some small
amounts to his children by his first
wife and to five grand children. The
estate was valued at 100000 The
contestants objected on the ground
that the will was not executed in due
form of law, that the testator was not
of sound. disposing mind and mem
DRY when he executed the Will and that
he was under undue and improper in
fuence when he signed the will
Dennison Baker was for years the
leading business man and wealthiest
citizen CT the village of Neosha On
cuted will, the terms Of which gave
TO his wife, Nancy, all of his immense
fortune except $50, bequeathed to his
son, Adelbert Baker 800 to his
daughter, Ruby Baker, wife Of ex-
Mayor Rector of Oconomowoc; $3.50
each to Grace and Josie Rector, his
grandchildren, and $40 each to the five
children of his deceased son, George
Baker Adelbert and the children of
George reside in Montrose. Mo. Ac-
cording to the terms of the will his
wife was named as sole executrix
without bond
Mrs. Baker is the testator's second
wife and was married to him about ten
years ago. The contestants are Adel-
bert Baker and Mrs. Ruby Rector chill
dren of Mr.. Bakers first wife. Nj.
Bakers second wife is a sister of Miss
Julia Clark author of Driftwood a1i
several other novels, and is also a sis
ter-in-law of Lieut., Chase of the
United States army, VINO attended the
trial
Mr.. Baker died on February %, 1897
A few hours before Mr.. Baker signed
the will presented he signed a will
alleged to have been written in pencil
oy his wife, Nancy, which gave her the
use OF the property during her life.
ms was presented and testimony was
offered by the contestants to the ef
tect that Mr., Baker had declared sey-
eral times to new friends that he in
tended to let the law dispose of his
property which meant that he intend
ed that she should have her dover
rights only. Some discussion arose al
the time as TO the validity of the pro-
posed Will, and, according to the tes-
tlmony OF one Of the witnesses called
upon refused to sign it, julius Mar
tin, one of the witnesses present at the
time came back in the evening bring
ing with him a copy of his fathers
Will, with the aid of which a new will
was drawn, giving the widow all OF
the estate, which is valued at $50 600.
and two farms and the Neosha -four
mills. Mrs Baker is about so years
Of age and Mr. Baker was about II
years of age at his death. Neighbors
testified to his feeble condition
The case was first tried in the coun-
~ court where the will was sustained.
On that trial DR.. Voye Of Oconomov oc
testified that he attended the testator
and that he was incapable of making a
will. On this trial Judge Dick ex-
cluded all the medical testimony. on
the ground that in accordance with a
late decision of the supreme court a
physician shall not be permitted TO
testify to anything he learns as family
physician, without the consent of the
party he attends and, Mr.. Baker be
ing dead, this Of course could not be
obtained
The jury, after being out three
hours, rendered a verdict setting aside
the will on the ground of undue in
huence. In eases of this kind the
verdict of the jury is merely advisory
and the judge can do as he pleases, but
the judges charge clearly indicated
thai he was in sympathy with the jury