The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-11

IL
custody Of Mr. Seymour, was locked
In the vault Of Room 46, National Ger
man-American Bank building, Mr.. Sey-
mours Office. On the morning Of the
zoo OF June new will was executed,
ana the Old one was burned the next
Gay rms latter was prepared as re-
suit OF numerous conferences and after
one draft of the proposed will had been
rejected by Mrs. Allen. Witness and
tne maid We're again the subscribing
witnesses. Great care was taken in
conforming to the law. The will was
paced In the vault and the old one de-
stfoyed A codicil was prepared on
June 81, and he thought it was wit
messed by Mr.. Sanborn, husband of the
professor to admission of the WILL The
! coolcll was placed in the vault with
tne WILL but in a separate envelope.
witness talked with Mrs. Allen a num-
ger OF times after this, and upon
NUMBER OF occasions she stated that
| Sne desired to make a new will. The
last conversation was during the week
ehdlng the 10th day Of July. Witness
was then out of the city for a week,
returning on the 18th of July. He did
not see Mrs. Allen again alive.
Dlo you see Mrs. Sanborn after
that! asked Mr. Butler.
Yes; she called at the office between
and o'clock in the afternoon of july
u, before Mrs. Aliens DEATH
w nat occurred on that occasion?'
ohe gave me note from Mrs. Allen
ASKING me to send all private papers
! OF hers IN my custody, as she desired
10 reconsider the will. I handed her the
VIII and codicil, sealed and addressed
to Mrs Allen.''
W nat other conversation was there?
II was concerning some Chicago
property and the payment of taxes
| MY impression is that Mrs. Sanborn
stated that l was to call upon Mrs
Allen In day or so.'
| Mr.. Seymour called upon Mrs. San
torn after the funeral on Tuesday
AS soon as 1 entered the hail. con-
tinued the witness, Mrs. Sanborn said
mat we would go up stairs. She said:
NOW, MI. Seymour l am going to tell
you something that may reflect upon
me- Mrs Aliens will cannot be found
! said that Mrs. Allen could not have
destroyed that will; such conduct be-
ing 1rreconcilable with her conduct
| from the day after Mr.. Aliens DEATH"
! In response to Mr.. Buffers inquiry
as to whether Mrs. Sanborn desired to
! retain him (Seymour as counsel, Mr.
/ Seymour said:
After AT I had reached the foot of the
| stairs on my way out of the house.
Mrs. Sanborn said We will, of
| course. want You to look after this
matter for US l did not answer Mrs
Santorn said she had looked in the
safe, but had not searched the pockets
| OF Mrs. Aliens dresses. Mrs. Sanborn
! came into my office the next day, and
! l told her that | considered it advis-
! able to telegraph the facts to Mr. Tay-
Tor, one of the heirs under the will. 1
! told ner that we had a stenographic
copy of the will. and could reproduce
! il, word for word
! Mr. Seymour testified that Mr.. Tay-
Tor, one of the legatees under the will,
was sent for. and that the copy of the
will was read to Mrs. Sanborn and Mr.
! Taylor at the same time. Upon this
! occasion Mrs. Sanborn had sought to
| compromise the matter with Taylor so
as to avoid publicity
Mr.. COuntrynan renewed his obj5c-
| ton that Attorney Seymour could not
! testify as to conversations had by linn
with Mrs. SanbOrn, while he might
have been acting as her attorney, but
again the court overruled the objsc-
ton. Continuing his testimony, Mr..
Seymour said:
Mrs. Allen once said to me,
AS | have told you, my husband did
| rot want the Sanborns to have any
thing. AS you say my estate is worth
! $4,000, and l do not want to leave any
more to Edith Sanborn. The more I
think of it, the more I see that con-
siderable property will go to the San
bcrns, and I want to leave $4,000 to the
| Congregational Home soci ty and 81, 600
to Young Womens Friendly associa-
ten ~
| Mr.. SEYMOUR proceeding, said: "Mrs.
Allen declared over and over again that
/ she did not desire to have anything left
under the residuary clause as she de-
sired that Mrs. Sanborn should have
$1,000 and no more. 1t was the one
prominent idea she had in her mind
on the matter of the will. That was
more than Mr. Allen would have given
the m, she dsclarad.''
did you explain to her that if she
died without will her property would
! go in equal shares to Mrs. Sanborn and
| Mrs. Nancy Adams?' asked Attorney
| Butler
II did. She expressed the absolute
| desire to leave her prope ty so tt at onl :
$4,000 should go to Mrs. Sanborn. She
| was very DESTROYS of providing for this
matter in accordance with the known
wishes of her husband.'
| After calling the stenographer en-
| ployed in the law Office Of Mr.. Seymour,
w. j. San o n, Mrs SAM or1's husband
and Mr. Eddy, whotestified that on the
Sunday before her death, Mrs Allen
had asked him to serve as executor, Mr.
Butler said that he had but one more
witness to call. but that she could not
be present until the next day.
Mr.. Countryman said he would con-
| cede that this witness would testify as
| Mr.. Butler said she would, and there
upon moved the court to dismiss and
deny the application for probate of the
| proposed will.
The argument of the motion con-
sumed the remainder of the afternoon
and the case was continued until 10 a.
m. today.