The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1900-04-10
Mxsr. Wilf CONTEST.


Testimony was taken before Judg,
Gaskill in the Orphans Court on Thurs
day in the contest over the will of viii
lam C. Myers, the well-known expressmar
of Burlington, who died last January
The estate amounts to only about $500
Major Franklin G. Woolman represented
Mrs. Fred Myers, the devisee under the
will. The caveators are John Myers
George W. Myers, Elizabeth Il. Neil and
Kellumina Atkinson. The latter lady i;
the wife of William Atkinson and she was
represented by EckardiP. Budd.
Joshua Taylor was the first witness. He
drew the will at the request of Mr.. Myers,
who signed it, as did also Mr.. Taylor and
Miss Emmal J. Silpath. The deceased
was of sound mind at the time. Witness
went to the house ON january at the re-
quest of DR.. Guantt to draw up the will.
A box was given to Mr.. Myers which CON
tanned will executed in April, 1896, but
which had not been witnessed. There
were also five 800 bills in the box. He
had no debts, and said he wanted to leave
all his property to Katie, meaning Mrs.
Fred Myers, widow of deceased son.
Miss Emma j. Silpath, the other sub
scribing witness, was at the house on New
Years day, at which time deceased was
in his right mind. She sent a telegram
to Mrs Myers, because her father-in-law
had requested her to do so in case he grew
worse. She was greeted pleasantly upon
her arrival IF you have any business to
transact you had better do it, p said DR..
Guantt to the patient ''Oh, there is no
hurry came the reply. He took the
box and its contents and handing it to
Katie said: Here, this is yours" On
cross examination witness said she knew of
a fall-he had down the cellar steps which
did not affect him much. At that time he
had sore hand, the result of fall in the
cars.
Mr. Woolman then rested. He entered
a protest against the standing of Mrs.
Kellumina Atkinson, claiming her relat-
ionship to the deceased had not been
proved, and that she could not share in
the distribution of the estate if the will
was set aside. Judge Gaskill said that
matter could be considered later.
Mr.. Budd called Edgar M. Watts. He
had been at Budd's shoe factory late on
the night of December 81, and when re-
turning home he heard an unusual noise
in Mr.. Myers entry. Believing the mat
ter should be investigated he called
Officers Mathis and Fitzpatrick. Mr..
Myers answered their knock at the door
and said; There must be something the
matter with me. Ny hand hurts so that
| cannot sleep"
When death occurred the body was
placed in charge of George W. Slack. On
account of its condition he was compelled
to adopt extreme measures. The left arm
from the shoulder down was red and very
much swollen and modification had set in.
B. Frank Schuyler, during the holiday
season, had seen deceased walking in the
middle of Broad street, nodding his head
and acting in peculiar manner.
Theodore Bauer, Noble Grand of
Phoenix Lodge, No. 90, 1. 0. o. F., said
that on January s he and his son answered
a call for assistance. They did what they
could to make Mr.. Myers comfortable.
He was irritable at times and thinking
that his attendants were going to hurt
him he would call the police On cross
examination witness admitted that the
patient was simply restless in bed.
Mrs Mary Heisler acted as good Sa-
marian in this case, and for fifteen years,
during which period deceased lived alone,
she went regularly to the house and cared
for him. She found Mr.. Myers groaning
in the cellar after his fall, and she sum-
moned assistance to get him up stairs.
Her mission to the house was to get him
to eat. Witness notified the
Odd Fellows so as to have some one there
at night as she could not leave her sick
mother.
Mrs Louisa M. Firing was at the house
On January /. She declared that deceased
had fallen on pile of wood in the cellar
and not down the cellar steps She saw
no evidence of anything having been set
On fire. Nothing in the house had been
given her and nothing had been promised
her.
William Atkinson had noticed Mr..
Myers peculiar actions on Broad street.
He went to the house when he heard of
his illness, and this was his first call there.
He noticed that some carpet had been
burned on the floor.
Mrs. Kellumina Atkinson took the
stand She said her maiden name was
Kellumina Myers; that she was the
daughter of Ziba Kellum Myers; her
mothers maiden name was Horn; William
@. Myers, the deceased, was brother to
her father.
Annie G. Smith received letter from
Miss Josephine Black, who conducts a
store on Arch street, Philadelphia. While
going to the city one morning, the de-
ceased fell in the cars and hurt himself
He went to the store of Miss Black, where
he received some attention. They were
quite well acquainted, because deceased
had dealt there SO often, and the letter
was to ask about his condition, because
be did not return the next day.