The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1898-02-11
IN AND ABOUT THE COURTS
CLAYTON Appeal FROM PROBATE
TRIAL BEGUN.

Important VIII Case in Superior Court
Jury Decided Against DR.. Budd-Doc-
tors Dlsagree-Important Decision by
Judge Bradstreet.
The trial of the Clayton will appeal
case was begun in the superior court
yesterday before Judge Wheeler and a
jury. This is an appeal from probate
ruling in not allowing the will of Hen
ry Winship Clayton, the appellants be-
ing Miss Daisy Wood and Henry
White.
Clayton, the testator, was born in
July, 1868, and was a cripple from
birth. He died on March 70, 1897, and
left a will in which he gave his father
$1,000, with the provision that he
should make no attempt to break 1T.
He left a small sum to his cousin, Hen
ry White, and named him as the ex-
ecutor. The remainder of the estate
was left to Miss Daisy Wood. The will
was offered for probate in July and was
disallowed. The appellants claim that
he was capable of making will, while
the opposition claim that he was not.
The counsel for the appellants are
Henry Stoddard, William H. Williams
and Hobart L. Hotchkiss. On the side
opposing the will are John w. Alling,
Samuel A. York, James T. Moran and
Burton Mansfield
The jury is composed of James Long
WORTH Henry V. Church, Albro SEQ
vile, John r. S. Todd Stephen P. Brad
ley, Conrad Hofacker III. G. Miles, f.
7. Burr, j. D. Russell, q. E. Barker,
William Reagan and w. ]. Andrews.
VERDICT FOR MISS PHIPPS.
In the suit of DR.. Budd VS.. Miss
Phipps, for false arrest the jury yes
terday morning returned verdict for
the defendant after twenty minutes
consideration.
THE PFLEGHAR CASE.
The demurrer to the fourth defense
in the suit of r. p Pheghar & Son
against the Fidelity and Casualty
company was overruled by Judge Prem
tice.
DECISION BY JUDGE BRADSTREET
Judge Bradstreet yesterday in the
district court of Waterbury rendered
decision on a new question in Sweeney
VS.. Pratt ct ais. The plaintiff brought
a foreclosure Of a judgment lien on
mortgage which the defendants con-
tested Judgment was rendered for
the plaintiff as to the mortgage and for
the defendants as to the lien. Both
plaintiff and defendants appealed to
the supreme court. The supreme court
sustained Judge Bradstreet's decision.
Judge Bradstreet limited in his judg-
ment time for the redemption of the
mortgage. This time ran out pending
the appeal, and a term Of the city
court went by. On Monday last Ed
mund Zacher, counsel for the defen-
dants, moved to open the decree and
limit further time for redemption.
The plaintiff through his counsel, d..
| p. Arvine, contended that the court
had no power to open the decree after
the term had gone by in which the
Judgment was rendered The counsel
| for the plaintiff cited the recent de-
c1S1On OF BenndIn VS.. BTOohS. Inc
plaintiff contended that this decision
did not pass upon the question before
the court Judge Bradstreet held that
| he had no power to open the decree.
WHEN DOCTORS DISAGREE.
| The case of DIR. Edmund A. Thorn
son vs.. DR.. Ernest Leroy Thomson
| both of West Chapel street, was tried
| yesterday before Judge Hubbard of the
| common pleas court. The doctors are
second cousins and neighbors. DR.
Edmund is q young man who came
here in 1892, and the other one is ar
older man who came here in 1875. The
older man used to give his cases tt
the younger one when he was out OF
| town, and Dr. Edmund helped him or
operations They fell out, and tht
| younger one received no more cases
from the older. The cause of the trou
BILE did not appear in the trial, but the
younger demands now $165 for assist
ing the older in the operations.
Ctty Court-f,riYn;nalS ide-Judge Dow,