Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-15
RUMRILL WILL CASE.
Interesting Testimony Adduced
At Yesterdays Trial.
Divorced Wife or Captain RumriIl Wants
His VIII, which Cuts His Infant Son Out
OfHis $4,000 Estate, Set Asido-nIany
witnosscsYestorday- yyhatThcGrounds
Are.

The trial OF the Rumrill will case was
begun before Judge Hanckel. in the
Court of Law and Chancery. yesterday.
The defendant in the issue is Mrs. Ella
Mars. the divorced wife of the late
Captain Joseph l.. Rumrill, who sues
in behalf OF her infant son. Earle
Wayne Rumrill. who is disinherited by
Captain Rumrilrs' WILL which Mrs.
Mars asks the court to set aside. The
plaintiffs are Captain e. NJ. Gray. W.
c. Gray and Mrs. Julia Topping uncle.
cousin and aunt of Captain Rumrlll. re-
spectively. and who are made the ben
eficiaries in his will.
The estate involved is valued at about
$4,000. 1t is in real estate principally,
consisting of n house and lot at No. 1913
Boush street. and fifteen lots of land.
known as the Cushman tract. in Nor
folk county. near Berkeley. All OF this
real estate is bequeathed to Captain l..
NJ. Gray and Mrs. Julia Topping ~ dia-
mond ring. gold watch and chain be-
longing to the testator was beQucathed
to w. c. Gray.
UNDUE INFLUENCE CHARGED. u
The defendant bases her request to
have the will set aside upon the
grounds that undue influence was used
by Interested parties upon Captain
Rumr!ll when the will was made. and
that his mind was not in Il sound and
disposing condition. The infant son for
whom Mrs Mars brought this action is
but > years old. and is the only child
of Captain Rumrill. When Mrs. Miars
was granted n divorce from Captain
Rumrll she was restored to her maid
en- name and the custody of the child
given to her.
WOULDN'T SDE DIVORCED WIFE.
Captain Rumrill died last November.
Just before his death Mrs. Mars went
to see him, but she was refused admit
lance to his room. it is claimed. by his
aunt. Mrs Topping, who is one of the
beneiiciaries of the Will. Mrs. Mars was
told that her former husband did not
want TO see her. Not long after that
she heard that Captain Rumrill had
died and left 4 will dsinhcritinG their
child. the natural heir.
Previous TO Captain Rumrill's last ILL
ness he was sent 10 an asylum near
baltimore. His mind was slightly un-
balanced. but he came back in an inn
proved condition. When his fatal ILL
ness began he was ut his home but
Captain Gray and Captain Topping
and other friends. upon the advice of
DIR. Southgate Leigh, they claim. had
him removed to Mrs. Jordan'S boarding
house. IIc died at this house. 1t is
claimed that while at Mrs. Jordan's
the beneficiarlcS OF the will gained alb
solute influence over his weak mind.
and even went so far AS refusing to al
low his former wife and mother of his
only child 10 see him.
MANY WITNESSES.
The witnesses introduced by the plain
tiffs. the benciiciaries. yesterday were
as follows:
Messrs. James A. Wilson, C. II. Fer
rcll, witnesses to the will: Rev. II. e.
Johnson, ID. D., +. NJ. Baum, ]. a. CAT
fee. Mrs. Cordelin l.. Dew, Mrs. Annie
a. Reed. Mrs. c. r. Jordan, Mrs. Jen-
ME Fatherly. Rev. John IL. Dickinson,
Rev. e. B. Hatcher. c.. w. Topping.
Bette Gray (colored, Captain T.. NJ
Gray. n. b. Morse and Captain c. w.
Topping.
Not all these proved good witnesses
for the plaintiffs. Rev. Hatcher. who
had talked frequently with the testator,
said that he frequently had lapses OF
memory, and would at times forget
what he was talking about. One or two
of the other witnesses also gave tes-
timony showing that the mental con-
dition of Captain Rumrill was not at
all times sound.
Mr. C. II. Terrell was one Of the
strongest witnesses for the plaintiff. He
thought Captain Rumrill's mind was
sufficiently sound for him to make a
IL.
ed coherently the provisions of the in
strument with him when he witnessed
the signature.
KIDNAPPING CHARGED.
When Captain Gray, one OF the bene-
flciaries. was testifying, Mr.. a. p.
Thorn. who with Mr.. Z. ]. Morris is
representing Mrs. Mars. asked dra-
matically OF the witness who had just
stated that Captain Rumrill's mind was
in good condition:
Then why did you kidnap him?"
II do not understand you, SIR" re-
piled Captain Gray.
Il mean this: When you moved Cap
tain Rumril from the place where he
Was taken sick why did you take him
where you did so as to have him to
yourself. instead OF sending him to the
hospital. as his physician advised" said
Mr. Thorn.
The answer was that room couldn't
be secured at the hospital.
WANTED \ CERTIFICATE.
Captain C. w. Topping. husband OF
one Of the beneticiaries. an aged gentle
man. was kept on the stand a long
while and closely cross examined by
MIR. Thorn. The witness had asked DIR.
Stanley II. Graves to give him GER
tincate stating the condition of Captain
Rumrill's mind. DR.. Graves consulted
with DR.. Leigh ana refused to give the
certificate. When pressed for reason
why he went to Dr.. Graves forthc GER
ti6catc. the witness said that he was
satisfied In his own mind that the mind
of Captain Rumrill was sound. but he
wanted Dr. Graves opinion ont of Curl
osity. He denied that any sugga stion
of Captain Rumrill making n win had
ever been made To him prior to going
to Dr. Graves but later he said that
some one might have suggested it in
his presence.