Evening star., 1897-01-18
Trial Of an Important Win Case
Commenced Today.
COUNSEL FOR BOTH SIDES
Grandson Charged With Using
Undue Influence.
THE PROPERTY AT STAKE

times, the trial Of the contest over the
will of the late Mary Van Riswck, widow
OF John Van Riswick, was commenced to-
day before Judges McComas in Circuit
Court No. 2. The trial will, it is expected,
continue two or three weeks.
Mrs. Van Riswick died the oath of last
February. her husband having died in 1856,
and left a will made about two years pre-
Viol sly. At the time of her death Mrs
Van Riswick was seventy-five years of age.
-Four children were born to her, the first.
Mary Jane. dying unmarried, in 1888.
second daughter. Avarilla, married Mr..
Iaumadge A. Lambert; a third daughter,
Eugenia. Gied unmarried in 1884. and a
fourth child, Martina, a daughter. married
Mr.. Carr of Norfolk, Va, and she is the
one who Is contesting her mothers will.
claiming that the instrument was made or
procured to be made through the undue in
huence OF Wilton J. Lambert son of Mr.
aRd Mrs. Tallmadge A. Lambert, who. to-
gether with Mrs. Carr. was named in the
will as executors.
Trial Commenced.
Mrs. Carr was represented in the trial
To-Day by Attorneys r. Ross Perry and A.
.. Worthington, while Messrs Jere M. Will
son, VIM. F. Mattingly and Henry E. Davis
appeared on behalf Of Mr. Wilton J. Lam
pert. Little time was lost i,i obtaining
Jury. the following being finally selected:
Jerry F. Ritter. Eugene R. Russell Chas
Butt. Geo. w. Shoemaker. John J. Ffster.
ST., Charles Behrens. w. H. johnson, Geo.
K McReynolds, George Kelley, Henry Hap-
gerry, VIM. A. Cunningham and Elmer
Dement,.
When the Jury had been sworn Mr.. Will
son suggested that the next matter to he
decided was the question of which side was
entitled to open and close the testimony
and arguments in ha Nv
tended that Mr.. Lambert, as the executor
and propounder of the will was entitled to
SO open and close. and he read a number
Of authorities. which, he claimed. war
ranted such a ruling by the court The
other side. however. argued that the unit
form practice in Maryland and here has
always been to the contrary, the party at
tacking will. the caveator. always having
the right to open and close.
After some further discussion Judge Nc
Comas sustained the contention Of Mrs.
Ing her the plaintiff, and Mr.. Wilton j.
Lambert. the caveatee and co-executor. the
defendant in the case
Mr.. WOrthington OPENS,
Mr.. Worthingtcn then opened the case
to the jury, on behalf of Mrs. Carr, ex-
planning that the estate was estimated to
be worth about 100000. 1t would not be
claimed, he said, that Mrs. Van Riswick
was mentally incapable of making a valid
will at the time the will was made. Feb
ruary II, 1884, but 1t would be shown he
asserted. that 1t was made through the
undue influence of her grandson Wilton
J. Lambert. 1t would also be shown, stated
Mr.. Worthington. that some time before
Mrs. Van Riswick made the will she suf-
fered from IN attack of the grip and that
while in such condition her grandson visit
ed her very frequently, holding secret con-
sultationS with her, and assuming practical
management Of her property.
Her grandson, said Mr.. Worthington is
a member of the bar, as is his father, and
the old lady became favorably impressed
with his legal and executive abilities. Mr..
j. j. Darlington. a man of the very high
est integrity, remarked Mr.. Worthington,
drew two Wills for Mrs. Van Riswick, one
Of which gave the Lambert children only a
life estate in the property, while the other
was the will at issue
Mr.. Worthington claimed that Mrs. Van
Riswick first signed the former will, and
then the one under contest. The old lady
was averse to making WILL and 1t will
be SO shown, asserted Mr.. Worthington.
1t will also be shown, he said, that Mrs.
Carr knew nothing of the will until it was
filed.
the will, only a life interest in a piece of
real estate worth about ST 900, while her
nephew, the caveatee, gets piece of coun-
try property. Van View" worth about
So, 900, and his mother and sisters the
rest of the estate. Mrs. Carr was always
loving, devoted. daughter. said Mr..
Worthington, greatly beloved by her moth
er. who induced her and her husband to
remove here from Norfolk. 1t will be
shown, said Mr.. Worthington, that Mr..
Wilton ]. Lambert held the will from the
time 1t was made until filed, and that 1t
was his undue influence which induced his
grandmother to sign it. If he did secure 1t
through undue influence then, remarked
Mr.. Worthington, the jury should say SO,
that it might be set aside and the estate
divided between Mrs. Lambert and Mrs
Carr according to law.