The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-06-15


testator was incapable of knowing VINO
he was. and influenced him to make the
will over which the suit arises.
Attorney James Lynch Of Bridge
| port appears for the contestants and
| states Attorney williams for the ia
vored SON.
Iudge Robinson has overruled the de-
nurrer of the defendant in the divorces
case of Henry VS.. Henry
The defendants motion for a more
enecif1c statement was allowed in the
case of Samuel Hubbell against the New
York, New Haven and Hartford hall-
road company, suit to recover So'o0o
damages for injuries caused by run
away alleged to have been caused by the
| cars of the defendant.
| Probate Court-Judge cleveland
An application was made yesterday
morning to reopen the decree of the
probate court and revoke the decision Oh
the court in admitting the codicil OF the
| will of the Rev. William E. Nibbert,
which was admitted two years ago.
The former codicil gave $4,000 to his
son absolutely and the later codicil gave
the son only the use of the money, with
remainder over to his children. Judge
Cleavelands decision is as follows:
This is an application to reopen that
is to revoke, decree of this court made
[ on the 9th day of December, 1895, ad-
hitting to probate a codicil to the VIII
of William E. Vibbert the final admin
istration account of the executor of this
estate having been accepted and distrlo-
ution of said estate having been made
more than two years ago. No prece-
dent in this state for the action request
ed has been cited.
"Section 562 of the general statutes OF
Connecticut provides that decree Of
court of probate approving will may
be revoked upon proof that the Will was
| revoked by subsequent will, or by the
marriage of the testator, or by the plrtii
| of a child, and, by implication, seems
to deny the power in other cases. sec
ton 444 provides that courts. Of probate
may revoke DEGREES made, ex parte, be-
fore the final settlement of the estate
and seems to imply that the court has
no such power otherwise.
Section 436 provides that no order
| made by a court of probate upon any
matter within it's jurisdiction shall %
set aside save by appeal and is appar'
emily conclusive against the contention
of the applicant.
OTHER COURT NOTES.
Notice of a suit for $3.50 brought by
n the New Haven Bill Posting company
! against DR.. C. S. Breed, lessee OF th'
Grand Opera house, was filed in the Guy
court Yesterday The suit is to recovel
money alleged to have been loaned.
George Sternberg was arranged in thu
West Haven court yesterday morning o.
charge of keeping whiskey on SAL
when he only had a license to sell peer
His place of business is near Aihng
town. The trial was continued unit
Saturday.
George Maher of III Goffe street wa
fined s53 and sentenced to ten Gays Il
iail in the city court yesterday AFTER
noon on the charge of stealing flowers
plants and a bicycle. The flowers ant
II plants were taken from the yards o
Miss Emily Daley of Whalley avenu
and of Frank e. Hunt on Hotchkls
street The wheel was stolen from i
front Of No 81 College street.
The suit instituted by the trustees 0
Hopkins Grammar school aSalns
Charles r. Pratt to recover on notes 0
AZ. 900 which were endorsed by George l.
Fox the rector of the school, and Whlc
he had to pay on protest, has been set
tied and withdrawn from the superlo
court docket. 1t is understood that MI
Pratt has made good his obligation.
Henry williams, aged fourteen,
, homeless youngster, was in the GU
court Yesterday morning and was ser
fenced to the reform school,
Suit for $4,000 has been instituted D
Anna Hogan against Jerome Kennel
and William Smith to recover on NOT
- The furniture in the Office of Mr.. ker
nedy in the First National bank builc
ing has been attached and taken out {
the office and placed in storage.
The case of fast driving against Harr
Scott was continued in the city cou
Yesterday until to-day.
A charge of non-support against Wi
liam Conklin of the corner of Congre
avenue and Cedar street was nolled,
Onley S. Sherman pleaded guilty
theft of shoes from Ginsberg Of GreI
son street and was fined $40 and costs.
A charge of non-support against ~
ward Taylor of 269 Portsea street WI
continued until July 81 nisi.
A charge of drunkenness and resis
ance against Michael j. MaliA WI
nolled.
Michael De Nofra was fined 81 al
costs for playing ball in Wooster pal
yesterday.
Mary Barrio of Grand avenue WI
fined $40 and costs of SSH for keepir
disorderly house. Discharges we
entered in the breach of the pea
charges against Jennie McHug
James McHugh, Raphael Boyinst(
and Herbert Nj. Foote, who were arres
ed at the house.
Lizzie Mitchell was arrested for eau
ing disturbance in Washington cou
Tuesday night. In the city court yeste
day she was fined S. and costs of So.
for drunkenness and SIS and costs
| 90 90 g., Lraocb If tha ppape