The Providence news. (Providence [R.I.]) 1891-1906, 1899-04-18

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the contestants real claim Is that be-
cause she married man who had been
divorced her father shut her out of any
participation in the enjoyment Of his
estate. Patrick Garrlty for many years
a resident OF this city whose home was
az 21i Lockwood street died last Octo-
Der and he left will by which he gavp
piano 10 his grandchild whose mother
~ contesting the will, To his daughter
Mrs. Manning his residence ON Lock
wood street and the household furni-
turc and all the residue OF HIS estate,
which consisted OF over $4,000 I'm bank.
as follows: To Josephine May Plummer.
the same person who was given the
piano. one third: to Thomas Kennedy.
a grandson. one third and 10 Emma
James and Jenny Moran, other grand
children. the remaining third. The
VIII is contested by Mary r.. Falker,
who married Charles T. Falker few
weeks before her father made his last
will. Mrs. Falker claims that her faith
or had hut little To say 20 her after this
second marriage and that she and he
quarrelled because she married mans
of different religion and "A man who
others OF the family was 20 the effect
that her father liked Mary but did not
approve OF many things she did. The
contestants daughter by a fOBner hus-
band is one Of the residuary legatees
under the viii. A daughter named Mrs.
Sullivan is not mentioned i'm the viii,
she having been previously provided
for. Mrs. Falker claims her father was
insane when he made the will and un-
der undue influence.
III. J. Gushing testified that he drew
up the will and witnessed the execu-
tion OF the instrument. The associate
witness was Mrs. Rose II. sullivan, a
daughter of the testator. Witness had
known Mr. Garrity about p years. ON
the 9th OF August 1897. Mr.. Garrity.
Mr.. Cushing said. came 20 his Office,
unaccompanied, and expressed de-
sire to make new will. as he was go-
ing 10 New York. The codicil 10 the
will was executed on September 10.
1898 Mr. Garrity was at that time 6s
or 20 years OF age and in sound
physical and mental condition. Mr..
Clarity had made two previous Wills.
which had been changed because OF
deaths In the fanny. BY the first VIII
he left nearly all his property to his
wife: then by the second about one
half Of his property went 20 his daugh-
ter. who was'a Mrs. Kennedy. IL was
shanass after =#ffe=tf+ath= =of the fatter
that the instrument contested was
made. BY the codlcil Mrs. Margaret
Manning was made executrix 90 the
will In place OF her husband. William
Manning, who had been previously
named as executor. Mrs. Manning
also got the furniture In the home
stead estate by the cOdicil.
Witness was asked IL Mr.. Garrity
had ever said anything about why he
left his daughter Mary out OF the will.
The reply was no. but witness said the
testator had complained that he never
could trust Mary like he could his other
children. Mr. Garrity never made any
namarlx- luitness- abest AAfp-ifa Wing
married n divorced man or out OF her
religion. Mr.. cushing thought the tes-
tator a remarkably strong man I'm hold
ing 10 his opinions. and able To give
reasons for his opinions.
Mrs. Rose r. Sullivan, witness 10
the will and codicil and also daugh-
ter of deceased. testified to the sigma
ture TO the Will She denied that her
sister. Mrs. Manning. was present when
the codicil was signed or knew OF it's
being signed. Mrs. Manning had az the
time lived in the upper tenement of the
house and had taken care OF the testa-
tor about a year. Before that time
Mrs. Kennedy had charge Of the father.
his wife dying two years before his de-
mise. Mrs. Falker at this time lived
take care OF her father got married.
Witness admitted Mrs. Falker during
her mothers life lived good deal at
home.
Her father was a set man when he
thought he was right. The witness
never head of her father walking
about nights and talking 10 himself.
She never saw her father do anything
peculiar. there were no talks in the
o.. al hfs nAgilli "A nj tics
Witness did not remember her
father expressing any displeasure az
Mrs. Falker's marriage, except be-
cause OF her leaving him alone. Nor
,lid she know of her father ordering
Mrs. Falksr away after her second
marriage. Her father did not talk
about Mr., Falker He -neXer- express.
ed 10 her any feelings against MIN on
account ~ his being divorced man.
Mrs. Falker testified that she had
made an appeal from her fathers WA
and was living at home when she mar
ried her present husband. She went To-
live with her father I'm 1883. taking her
three -months-old baby with her All
the other daughters Of the testator
were married and away. she was
given shelter and food. but NO money
FOR clothes. and she had Co strugRl
10 get money for her medicine. After
her marriage 10 Mr. Faiker on July 20.
1897, she offered 20 stay AT home, bur
her father told her her place WAS with
her husband Witness said for a time
she lived with her sister Mrs. sullivan
Asked as to her fathers mental condi'
ton the reply was II don't think my
father was capable OF making a Will"
Her reasons were that after bis wife's
death he would get up at night sit IN
his bedroom. smoke his pipe and talk
~ n the mother OF witness was pres
snt The talk would be about things
that happened i'm Ireland years and
years ago Testator appeared to sou
HIS dead Mife before him constantly
and To be greatly worried. lie rapidly
declined physically
Asked FOR particulars concerning hHf
second marriage Mrs. Falker said she
did not tell her father nor any of, her
family OF her intention 90 get married.
she simply said she was going 90 at
tend an anniversary ~ Mr. Falker'g
sister. Her sisters discovered the mar
riage the following Saturday. The rea-
son for tho delay IN discovering the
event was due 90 Mrs. falker's return
ing 20 her fathers tho day after the
marriage on Monday following tho
marriage. which took place on July co.
1897 she told her father ~ the mar
riage lie said he had nothing against