The daily morning journal and courier., 1898-11-16
IN AND ABOUT THE COURTS
WANT HEARING ON M1RIETIA
 BAILEY'S WILL RE0PENED.
Charges Made Against Dr. WinchelI- Alteration of Wn Alleged-Fines Ina Common Pleas Court Notes.

Alteration of Wn Alleged-Fines Ina
 Common Plens~ Court Notes.
 Eunice Holbrook of Lebanon, a cousin of Miss Marietta Bailey, who resided on Ferry street, New Haven, and who died in August, 1897, Monday, through counsel, Attorney Charles B. Matthew man, filed a petition in the probate court praying Judge Torrance of the Derby probate district, to reopen the hearing on the will of Marietta Bailey, Tor reasons set forth in the petition.
 The petition would have been brought to Judge Cleaveland, but owing to his connection with the City Missionary so- ciety one of the benef1ciaries under the 1 will, he declined to act, and Judge Tor rance ot the Derby probate district was selected. The hearing will be held No Nember 2S, at 10 o'clock.
 The petitioner expresses her belief ana aYowal that the will of the said Marietta Bailey admitted to probate November 4, 1S97, was in fact not her last will and testament The petition then proceeds as follows:
 Your petitioner is further informed and therefore believes and further avows that a will was made and exc cuted by Marietta Baiiey on the 12th day of August A. D., 1897, and wit messed by Joseph H. Beale. William r. i Hopson and Mary A. White. | That said will was mutilated and changed after the signature of said Marietta Bailey and that a portion of said Instrument purporting to be said 1 Will is an addition to said orig i lnal will as signed by Marietta 1 Bailey and the paper now purporting 1 to De sald Will and which was approy- i ed, allowed and ordered on record in ! this honorable court is in fact fictitious. deeeitful, fraudulent and void, and was known to Alfred E. Winchell, executor on the estate of said Marietta Bailey at the time said instrument was offered Tor probate to be fictitious, deceitful and fraudulent, and that your petition CT Will offer evidence to prove and yeri fy."
 1 Affixed to the petition are the affida, wits of the two witnesses to the will. Joseph H. Beae states in his afiida Wit among other things connected with the signing of the will that after the 1 witness had signed Dr. Winchell took the sheet of legal cap, tore the two leaves apart and took them on the table and with muscilage pasted these two sheets and third which was lying on the table, together. He then took several sheets of paper upon which there was writing and went out into | the kitchen.
 | ne VII! was not read to her in my | presence, neither before nor after sign 1 Ing. After she had decared it to be her last will and testament, he tore 1t in two and made the addition with | musclage There was only one sheet | Of legal cap in Dr. Winchell's hand | when he asked her if she declared that to be her last will and testament. The doctor then said: T have no further need of you.a
 Miss Bailey also makes affidavit to much the same statement as above. Dr. WincheTl says that the allega- | of the petition and aflldavlts are ab- | '9tlut1lf Hllti Qc, lflGL the WNOlG InlnG is apparently ar unfortunate attempt to break the vii; that the will was drawn regularly, properly and legitimately, and is strictly legitimate and correct in every particular
 In the probate will two or thr ae minor bequests to churches and mis- sionary societies were made. and then the residue of the estate was bequeath- ed equally to the City Missionary as- sociation and the Women's Seamen' $; Friend society. The estated amounted to some s4o00o in all The small be- quests amounted to some S7,0O0 and $l0,000. Of the relatives but three were remembered i'll the will.
 pr. Winchell is one of the best known residents of New Haven and has al- ways borne @ name symbolic of up- rightness and honesty. His friends place not a bit of credence in the charges.