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

counsel to appear for her and carry on
such contest on her part.
Many other and collateral allega-
tions are made along the same lines.
Proceeding, as to the making of the
alleged will, complainant says:
In view of the premises complain
ant respectfully says that she was not
a party to the proceeulngs in which
the order of May s, 1897, was entered,
and was not a party to said order, and
so, is entitled now to file this, her bill
in equity to impeach the said paper
offered for probate as the will of Jacob
Snyder and to have trial by jury
ordered to ascertain whether any, and
if any, how much, Of what was so Of
fered for probate be the will of the
said Jacob Snyder.
plaintiff alleges and charges that
the said last paper writing is not, and
never was the last. true will and testa-
ment Of said Jacob Snyder, deceased.
Cd Because, as she now distinctly
charges, at the time of the making of
the said writing as and for his will,
said Jacob Snyder was person Of
unsound mind, and incapable of MAX
ing a will; and 90 the making of said
writing as and for his will was pro-
cured by undue influence eXerted upon
the said Jacob Snyder.
And plaintiff insists and asks that,
because of the matters and things
hereinbefore set forth, she is entitled
TO have the said order of the Sth of
May, 1897, set aside, ana to have the
issue as to whether the said paper
writing is the true last will and tesla
ment Of the said JACOB Snyder duly
tried and disposed of in the form and
manner provided by law"
"A little further on the bill of COM
plainant says:
THAT on the day the said paper
writing was made, and while it's terms
and provisions were being arranged,
said Jacob Snyder had not the mem
DRY left to remember the objects of his
bounty, or who were the sons. or what
was the name of one Of the sons of
John Snyder, deceased, and he. failing
to remember, a messenger was sent
from the room where the said Jacob
Snyder was to ask Lydia Warthen,
who was the hOusekeeper of the late
Jacob Snyder for many years, and a
member of his family, as to the said
name, and who gave said name, Dean
Snyder, to the said messenger, who
thereupon Immediately returned to the
room where the said Jacob was
THAT the said Jacob Snyder knew
in his lifetime of the misdoings and
wrongdoings of his sons George and
Jacob VI, and particularly that the
said sons last named, while in his
employ. had oyerdrawn far in excess
of their salaries and wages, and were
largely indebted to him by reason OF
such overdrafts, and that said Jacob
had frequently complained of such
misconduct and doings of his said sons
and expressed his want of confidence
in the integrity of his said two sons.
That the said Jacob Snyder had fire.
quently expressed before the making
of the said paper his intention and de-
termination TO provide by his last will
SO that all his estate should go in
equal shares to all his children, eY-
cept only SO much as should be used
in providing for the said Lydia War
then, who had been the nurse Of the
wife of said Jacob Snyder, and his
own nurse and hOusekeeper for many
wears heretofore, and for whose faith
fulness and attention he often express
ed the highest appreciation. That be-
fore the making of said writing, and
while he the said Jacob Snyder, was
of sound mind. he had frequently told
said Lydia that she should be provided
for by his will for the payment to
her of eighteen dollars per week so
long as she should live. That at and
about the time of, as we'll as preced-
ing and after the execution of the pa
per writing, said decedent was fire.
quently subject TO Authorizations,
showing that his mind was deceased.
his memory weakened. and his Will
power materially affected. That the
said Jacob Snyder, during the time
last aforesaid, frequently imagined
himself to be two different persons
That after said paper writing was eX-
ecuted. the said Jacob Snyder was I'M
able at any time to recollect or recall
IT'S provisions. and showed himself 10
be ignorant of and not TO understand
the effect and result Of the said paper
writing. That after the execution Of
the said paper writing, the said Jacob
SNYDER would attempt 70 tell others Of
its contents. and could not remember
them Or inteligently speak Of them.
ana said that the said Lydia Warthen
would. by the provisions thereof, re-
ceive the said sum per week herein