Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1899-09-27
Charles P. Smith.

This was an action OF trover brought by
the executor of Levi White, late of Graf
ton, deceased, to recover from defendant
1856 in money alleged to belong to Whites
estate and to be wrongfully in the posses
sion of the defendant.
The evidence on the part of the plaintiff
tended to show that Lew White was Graf
ton farmer who died March 1, 1898, when
80 years old. His wife had died several
years previously, leaving no children, and
girl who had been brought up in the fam
ily continued with him as housekeeper until
two or three years ago when she married
and moved away. Left alone Mr.. White
made an arrangement with Benjamin
Wetherbee of Bellows Falls, whose wife
was the old gentleman's niece, whereby
Wetherbee was to have the use OF the
Grafton property and White was to have
home in Wetherbee's family. After lly-
| ing with Wetherbee a year or two the
defendant, Smith, who lived few years in
Whites family when young man, moved
into nearby house. White visited fire
quently at Smiths, in fact was there much
of the time during the day, returning to
Wetherbee's at night. During this time be
had drawn from the Vermont Savings bank
at .Brattleboro his deposit of about $3.50,
| which, with enough more money to make
$4S5 in all, he left In Smiths charge
| Whites former housekeeper, Mrs. Elmer
Fletcher, came back to the Grafton farm,
and on December %, 1897, White made
his last will, giving her all his property,
both real and personal, in consideration OF
her paying bis debts and providing for his
future support and burial expenses. A few
weeks before his death White went back
to the Grafton farm where he died. A few
days previous to his death he sent some
nelghbors to talk with the defendant at
Bellows Falls and demand the 1886 in bis
hands. The neighbors went as requested
and talked with Smith, who denied that he
had any money Of Whites except the $4S5,
making the claim that White had given
this to him and his wife. Mr.. Smith was
seen several times after this by neighbors
and afterward by w. E. L. Walker, the
executor of the will, promising that he
would pay over the money at later date,
but he never got around to do it, finally
refusing to SO pay it. Persisting in this
refusal the suit was brought by the exec
utor.
The evidence on the part OF the defend
ant tended to show that Smith lived in
Whites family several years when young
man, the old gentleman becoming very
much attached to him; that when White
lived at Bellows Falls he was much dissat-
isied with Mr.. Wetherbee's people and
spent most Of his time at Smiths; that the
Smiths we're very kind to the old gentle
man and that having no near relatives
whom he cared to favor he drew this money
from the bank and made gift of it to Nh.
and Mrs. Smith 10 recognition of their
kindness to him; that White made his last
will at their house and when doing this had
talk with G. II. Robb, who drew the will,
telling Robb that he bad given the Smiths
the money and asking him if it was neces-
sary to mention that fact in the will; that
be also told several other persons that he
had given the money to Mr.. and Mrs.
Smith; that Smith never told the parties
who came to see him about returning the
money that he would do so, and never
admitted to any one that the money wa.
not bis own and, would be returned to tbe
| executor.
The case went to the jury at 9 80
Wednesday afternoon and Friday verdict
for defendant was brought in. F. a.
Bodies and G. c. Fits for plaintiff; Water
man & Martin for defendant.
The only jnry trial since our last report
is State VS. Sidney d. Farnswortb. no :
being heard 1t Is thought the court will
resch final adjournment by tonight.