Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-03-02

hubbard and Robert Whlte,
Counsel for Mrs. Emma Ebbert.
Inc Grounds Incapacity and I'm
due Influence Upon Decedent.
The Main Allegations as They
Appear in the Bill-An Interest
ing Trial Will Result.
There is another interesting will
contest just ahead of us.
In the Circuit Court yesterday
Messrs. w. P. Hubbard and Col Rob-
ert White, counsel for Emma Ebbert,
filed a bill in chancery having for its
object the upsetting of the alleged last
will and testament of the late Jacob
Snyder, and contest is on which
promises to be of great public inter-
est
The title of the case is: Emma Eb-
bert V. George Snyder, Benjamin Sny-
der, Jacob Y. Snyder, Joseph Snyder,
Henry K. l.. Snyder, and Ida, his wife,
Margaret White, Joseph A. White,
Henry Snyder (son of John Snyder,
Joseph Snyder (son OF John snyder,
Dean Snyder, Laura Snyder, Stewart
Snyder, Emma Starkey, and Henry
Starkey, her husband, Albert Ebbert,
Alice Ebbert, Henry Ebbert, Eva Eb-
bert, George Gilbert, Joseph Gilbert,
Lydia Warthen, and all other per-
sons interested in certain paper
WRITING Of
November, 1886, purporting to be the
last will and testament of Jacob Sny-
der, deceased defendants in a bill of
complaint heretofore filed in this
Court"
Among other allegations in the bill
are the following, relating particularly
to the late contest OF the will, which
was Abandoned
Complainant is unlearned and mex
perienced especially with reference to
litigation and the conduct Of proceed
ings in Court, and this the said George,
Benjamin and Jacob we'll knew, and
knew that this plaintiff had not and
that she could not obtain such knowl-
edge of the circumstances connected
with the making of said alleged will
and of the capacity of the testator that
she could aid the said contestants.
And the said contestants as we'll as
the said George Snyder, Benjamin
Snyder and Jacob v Snyder purposely
withheld from her and refused to
communicate to her the facts end cir
cumstances within their knowledge
touching the said subject matter. She
never was in any way advised of the
secret conferences, agreements and ar
rangements which were had by and be-
tween the said contestants and the
said George Snyder, Benjamin Snyder
and Jacob V. Snyder, looking to the
withdrawal and abandonment of the
said contest She did believe. before
and after the time of the entry of the
order of May Sth, 1897 hereinafter
mentioned, that such contest of the
said will would be made earnestly and
aggressively, without the expenditure
by her the large amount necessary
to be expended in the employment of
counsel, and she did believe that, at
least until the question of the appoint
ment of curator was disposed Of by
the Court, it was unnecessary for her
TO make such expenditure, and that
her interests would be furthered until
the said question of the appointment
of a curator should be settled, as the
matter was then pending before the
said Circuit Court, as effectively as
though she should appear by counsel,
along with the said contestants, whose
interests were similar with her own,
and she was informed and did believe
that said contestants were carrying
on the said contest with every pros
pect of success. and that the contest
would be continued after the question
of the appointment of a curator should
be settled. Besides this, the said
George and Jacob. during the tendency
Of the secret negotiations which were
pending from the time of the said ap-
peal. and which were consummate by
the entry of the order of May s, 1897,
frequently and purpOsely came to her
as well as to her husband, and told
them that it was unnecessary for her
to employ counsel then, or to give any
attention to the matter. and assured
her that there was ample time to en-
ploy counsel. They used. too. other
means to deceive her and prevent her
from employing counsel to appear for
her as contestant; they played upon
her credulitv: took advantage of her
Ignorance they promised that her in
terests should and would be protected;
they purposely kept her from the ne
gotiations which We're pending look
ing to the withdrawal and abandon
ment of the said contest, which had
been entered they purposely kept her
brother Joseph by promising to pay
him a large amount of money, from
communicating with this plaintiff: he.
the said Joseph lived in the State of
Ohio, and they told him to keep away
from the city of Wheeling; they
had a secret arrangement and compro-
mise with the said Henry K. l.. Sny-
der. who was and had been one of
the contestants. by which he withdrew
from the contest All of which they
not only kept from this plaintiff. but
they insisted that the said Henry
should and would not communicate
with plaintiff uDon the subject. and
which the said Henry did not do until
after the adjournment Of the said term
of this Court and thus it was that
during the whole time from April 5.
1897. until the order of the Sth Of May
was entered. this plaintiff was pur-
posely and designedly kept in the dark
bv the said parties, and so deceived
and led astray by them that she was
prevented and kept from employing