Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1898-09-26
COUNTY COURT.
TContinued from last week. ]

CONTINUED from last week.
In re, will of B. NJ. R. Nelson, Lizzie
G. Davis and Gee, H. Davis cotestants
and appellants. First witness called
W. Barron, one of the executors Of
the will, who testified in substance
that on Nov. 10, 1896, the date of the
death Of B. NJ. r. Nelson, he was call
ed to his late residence in Barton vii
lage, and that he was then informed
that he had been appointed one of the
executors of his lastwill and testamet;
and that he searched the house thor
oughly and found notes, papers etc.
to the amount of about $4,000, among
which was the paper purporting to be
the last will and testament of the de-
ceased, which was the same paper
produced in court unchanged in its
condition from the first time he saw
it.
The next witness improved was W.
II. Blasdell, the other executor, nam
ed in the will who testified in sub
stance about the sameas E. W. Barron.
The dispositions of I. NJ. Miles and
NJ. A. Miles, who witnessed the eXecu-
ton of the instrument purporting to
be the last will and testament of said
B, NJ. R. Nelson, were then read.
W. w. Miles was then called as
witness and testified in substance that
he had known the deceased as friend
for about twenty-fiv years, and know
him intimately since 1882, when he To-
Gated at Barton. That during most of
the time since 1885, the deceased had
held town Office and during this period
he had acted as his attorney.
That during the last days of April
1895, the deceased Called at his office
several times preparatory to drafting
his will and that on the End day of
May 1895, his first will was then ex-
ecuted, which, with a few alterations,
one of which was ca used by the death
of his father, was the same as the on e
purporting to be the last will and tes-
lament of deceased bearing date, Aug.
25, 1896. Witness further testified that
from his first acquaintance up to the
time OF the execution Of this last will
that he saw no change in his mental
condition, he considered him man of
excellent judgment and business quail
ification and OF sound and disposing
mind. Mr.. Miles testified that he wit
messed the instrument purporting to
be the last will and te stament of de-
ceased at his request, in the presence
of testator and in the presence of I.
NJ. Miles and MA. Miles.
The will was then read by w. @.
Stafford Esq.
The following witnesses testified as
to the mental condition of B. n. r,
Nelson stating in substance that in
their Judgment he was of sound and
disposing mind: W. W. Grout, Peter
LaPete, @. F. Mathewson, Geo. Tower
R. B. Skinner, Gardner Drew, J. W.
Murkland, ]. A. Wyman, Fred Rand
A d. Matthews, Charles Rogers. D. E.
Blanchard, II. P. Cook, H. 4. Folsom,
Orange Mossman, Osmer Dwyer.
Frank Powell testified as follows:
l. was III D. W. H. 4NOloOnS OlOCh3 nO
traded with me during all the years I
staid there, and knew him quite WELL
1 was closing out my stock quicker at
Mr.. Nelson's request that Geo. Davis
might 60 in there. Gould not see any
thing unusual in his mental capacity;
did not show any failing of his facul
ties.
o. D. Owen testified: 1 reside in
Barton; have been a merchant for al
most thirty years. Knew B. M. r.
Nelson for nearly forty years, had
quite a good deal of business transac-
tions with him; he used to trade quite
a good deal with me. We served as
town auditors together. but don't re-
member how many times. I have
always known Mr.. Nelson we'll and
have seen him on an average of once
day. Always spoke to Mr.. Nelson
upon general topics. should say he
was quite active in town and village
matters up to the time of his death;
was acquainted with him l think bet