Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-10-05
THE PIPES WILL CASE.
Effort to Break the Instrument Made
by DR.. John R. Pipes.
THE MATTER is ON TRIAL BE-
FORE JUDGE HERvEY IN THE
CIRCUIT COURT-A NUMBER OF
WITNESSES WE'RE EXAMINED
YESTERDAY-OTHER CASES IN
BOTH SIDES OF THE CIRCUIT
COURT.


came up yesterday morning before
Judge Harry C. Hervey, in Part l of the
| Circuit Court, and occupied the entire
day. The sum of money involved is
not large, but the proceedings will
nevertheless be watched with consider
able interest. DIR. Pipes named his
brothers, Thomas c. and George, of
Cameron, and his executors, and cut off
his son, DR.. John R. Pipes, of Cleve-
land, Ohio, with $500. The son con-
tests the will, and also claims a por-
ton of the life insurance of $4,000
| carried by his father.
The counsel for the contestant are
Capt. B. B. Dovener, and White and
Allen. Hubbard and Hubbard appear
for the executors. The case was put
on trial to a jury composed of Joseph
Daum, Alfred Ulrich, Edward C. Deitz,
Joseph Weisgerber, A. M. Rice, Will
lam Wendell, Walter Wood, ]. A. Bell,
| Andrew Rose and w. A. Best.
The arguments of counsel consumed
the morning session. Col. Robert
| White opened, stating that his side
expected to show that the paper pur-
porting to be the last will and tesla
ment of DR.. Pipes, was not a proper
legal document, but prepared by him
while of unsound mind, and under in
fuence. He described DR.. Pipes condi-
ton at the time the will was made,
saying that he suffered from mental
and physical ailments, and alleging it
was not his purpose to cut off his son
with $500. He stated that the doctor
used drugs and narcotics, to ease his
pains, but that their effect was also to
unsettle his mind. He told in detail of
DR.. Pipes movements shortly before
and after the making of his will. He
told of his trip to Mountain Lake
Park in 1898, of his decline in health,
and Of the presence at his bedside of
the brothers who are now named as
his executors.
Subsequently, Col. White said, DR..
Pipes was removed to the home of his
brother in Cameron, and while there
his will was made. He charged that
the document was written by a bank
clerk in Cameron, and taken to the
bedside of DR.. Pipes, where it was
signed. Deceased usually signed his
name 81. H. Pipes" while in the doc
ument the first name is written out in
full. Col. White dwelt upon these cir
cumstances, arguing that DR.. Pipes was
like a child, and not in proper shape
mentally to prepare his will, and con-
GLIDING that if contestant proved the
facts as stated by him, the jury could
not decide hat it was a true will.
w. P. Hubbard replied to Col.
White, calling attention to the fact
that Col. White had offered nothing to
prove that upon its face the will was
not a true will. He said that the de-
tense admitted the use Of drugs and
narcotics by DIR. Pipes to relieve his
sufferings, but contended that his mind
was sound. 1t was not within the
province of the jury to determine
whether or not DR.. Pipes did right in
cutting off his son with 5000. They had
simply to consider the evidence, and
return a verdict based upon the sound
mess of the testator's mind.
Mr.. Hubbard replied to the conclu-
sions drawn by the contestant concern
ing DR.. Pipes visits to Mountain Lake
Park and Cameron. He said he had
not only met the executors, but that a
family reunion had been held at the
former place. He directed attention to
the fact that the son was not present,
however. With reference to his as
signment of his life insurance policy to
his brothers, Mr.. Hubbard stated that
they had helped him financially dur
ing his illness, at a time when he was
unable to attend to his practice, and
that the transfer had been made to
secure them. 1t was not the full
, amount of 10000, but only $4,000. He
did not regard it as strange or signif-
cant that DR.. Pipes should go to the
home of his brother, at a time when
he was i'll, and his own house was too
damp for occupancy by a man in his
physical condition. He insisted that
| DR.. Pipes wrote his own will. With
reference to the use of his full name, he
stated that most men, upon such SOL
emn and important occasions, write out
their full names.
In the afternoon the taking of tes-
/ timony commenced. The executors
placed VIM. Howell, cashier of the
Bank of Cameron, upon the stand, and
at the conclusion of his testimony,
rested their case.
Mr.. Howell testified as to the dates,
and to his witnessing the signatures
to the will. He did not know it had
been written by a clerk in his bank,
until he saw the handwriting. 1t was
kept in the bank vault. Different sig
natures of DR.. Pipes were presented