The Portland daily press., 1897-05-21
Contest Over Estate Of Nancy Ed.
wards of Windham.
INTERESTING HEARING IN PRO-
BATE COURT.
The Husband of the Deceased Says the
Second VIII, Which Bequeaths $1,000
TO Saco Cousin, Was Executed When
Mrs. Edwards Was in State of Mental
Collapse.

Collapse.
Isaac E. Edwards, farmer of Wind
ham, appeared before Judge Peabody, In
the Probate court, yesterday, with long
line of witnesses, in an endeavor 20 break
the last will and testament OF his wife,
Nancy Edwards who died at Windham,
April LIST.
A peculiar feature of the case is that
two wills were found among the docu-
ments left by the deceased, both of them
in the handwriting of Leroy B. Mason,
who was named in each as executor of the
estate, to serve without bond. The latter
of these two wills was executed when the
testator was on her death bed. The other
was signed by her in November, 1895.
One gives practically all the property to
her husband, while the document bearing
the more recent date, gives $1,000 to a
cousin, Mrs Marcia E. Libby of Saco,
and makes the husband only residuary
legatee.
The last will contains ten clauses, in
substance as follows:
First-A bequest of 5000 to Marcia e..
roy B. Mason, the executor, to be paid
only for her care in sickness, or for
fu neral expenses, or in the purchase OF
no ne, not to be conveyed to other parties
by deed or mortgage without the consent
of the executor; any unexpended balance
to be paid to Ellen Cressey.
Second-A gift of So each to the living
children of the testator.
Third-To set apart 5000 for perpetual
care of the testator's lot in the church
yard at Windham.
4 Follrth-To Marcia E. Libby, parlor
suite of five pieces, a table cover, two
lamberquins, a rocker, two sofa pillows
and several rugs.
Fifth-To Ellen Cressey, my hired
woman" a black cashmere dress, brown
cashmere dress, green cashmere dress
and a plush cloak.
Sixth-To her sister, Martha Mains, a
Baltimore easel and picture containing
the war record Of the testators father.
Seyenth-Io Marcia K. Libby the con-
tents of the parlor cupboard, dishes and
silyerware that were her mothers S.
Eighth-To Marcia E. Libby, q picture,
easel and articles of clothing.
Ninth-All the rest of the estate, both
real and personal, to her husband, Isaac
E. Edwards.
Tenth-!The appointment of Leroy B..
Mason of Windham as executor, to serve
without giving bonds.
1t bears the date of March 81 1897, and
the witnesses are Benjamin +. Shaw,
Almon L. Freeman and Leroy b.
Mason.
In the other will, which bore the date
November 1895, SIS each was bequeathed
to the living children of the testator, and
to her mother, Mrs. Sarah Wakefield, was
given sufficient sum to provide for her
maintenance, the residue of the estate to
go to the testator's husband, Isaac E.
Edwards.
The witnesses of that will were Leroy
B. Nason's wife and two daughters.
The hearing was in reality on the
petition of Leroy B. Mason for an allow
ance of the last will. He and Benja min
F. Shaw and Almon L. Freeman, tho
witnesses to the signing of the will first
gave their testimony.
Mr.. Mason was on the stand full hour.
His testimony, in substance, was that for
years he had transacted legal business for
Mrs. Edwards. At the time he drew her
first will she told him that after her
mothers death it would be changed.
Some time before her death she told him
she wanted him to make another will for
her. He called at her home and had a
blank will with him, but she deferred the
matter, saying that some of her intended
bequests might not suit her husband. She
further told Mason to be in readiness to
come to her at any time if he should be
sent for.
On March 31st he had been in Port
land, and went home on the stage. His
daughter informed him that he was
wanted at the Edwards house. Without
waiting for supper, he FASTENED there,
was recognized by Mrs. Edwards when he
went into the room, and after clearing
the room of spectators he listened to her
dictation regarding her disposal of her
estate. Then he wrote the will, in strict
compliance with her dictation, read it to
her and then, after the witnesses were
called in, she signed it in their presence
and they affixed their signatures.
He testified that her mind seemed clear
that evening, and he believed she was in
the full possession of her mental faculties
4. In cross-examination he was asked if he
had not told parties that if the will was
sustained it would be great thing fol
him. He replied that he had made nc
statement to that effect, though he might
have said that it would be business
help to him to be executor of the estate.
The other witnesses were examined
briefly. The chief point brought out in
their examination was the testimony
that on the evening the will was drawn
up Mr.. Edwards was asked in theil
presence if his wife's mental faculties
were all right, and he replied in the
affirmative
DR.. l. D. Hooper of Windham, who at
tended Mrs. Edwards in her last sickness
was questioned at length regarding hi
methods of treatment and her menta
condition. She died of consumption
Among the medicines prescribed wer
opium pills. which he instructed thu
nurse to give her at regular intervals
81 4