The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1901-09-28
BRADY WILL CASE DECIDED
JvRY LOCKED Up 81 ROUas
was Decided that JnageJ. 9. Brady. -
the Time Of signing VIII, was In
competent. Kind Too Tar 0ous 90
Tansaet Buslnsss.

"--~-~N --@AN"N"a
The Brady viii case for the guard
ianship Of the two minor children Of
Judge j. @. Brady, deceased, occupied
the probate court at Rathdrum this
week. The case was Frank Pine
guardian ad litem for the Brady or.
plians, versus Father Purcell, guardian
OF the same children.
The contest was on the point whether
Judge Brady was competent to trans
act business at the time he signed the
win making Father Purcell guardian
OF his children.
The case was called Monday and the
result was announced Friday morning
when the jury after six hours duration
delivered their verdict OF incompetent
10 transact business ut time Of signing
the will"
Mr.. Pine was represented by attOrn-
eys John b. Goode and Willis Sweet,
while Father Purcell was advised by
County Attorney James Graham and
Siras Happy. Following are the ques-
tons and answers from which the jury
returned their verdict:
Special verdict Of the jury upon the
issues submitted TO them by the
court:
AT the time of making and execut-
ing the will contested herein was John
c. Brady Of sound and dIspOsing mind.
memory and understanding, and capa-
bic Of making and executing the viii ia
question:
sNo."
ibid the testator at the time he sign
ed the viii In question know what he
WIS doingg"
aNo."
did the testator at the time he sign
ed the viii In question, know TO whom
be was giving his property and to whom
he was giving guardianship Of his child
rem"
mo"
-lIad the testatOT, John q. BRADY
at the time Of the execution Of the will
In question, mind and memory sufficient.
iy sound TO know and understand the
business he was engaged IMP"
mo"
did John C. Brady at the time he
signed this proposed last will and tesla
ment consent thereto and acquiesct
tn erPing"
sNo."
"WRs the instrument purporting ia
be the last will and testament Of John
G. Brady. deceased. signed, sealed, pub.
lished and declared TO be the last will
and testament Of said deceased. in the
presence Of the subscribing witnesses =
"No."
"Did the subscribing witnesses, q. K.
Barker and c. W. Dyer, at the request
Of John c. Brady in his presence sub
scribe their names as witnesses 10 said
proposed last win and testamenty7
"NO."
ibid the subscribing witnesses at the
request Of James Graham by direction,
request. appreciation or consent Of the
testatOr, in his presence subscribe their
names ~ witnesses to said proposed
last will aud sestameut?"
~No."
AT the time Of making and execut-
ing the instrument offered for probate
herein as the last will aud testament OF
John c. Brady, was the said John C.
Brady Of sound and disposing mind,
memory and understanding, capable Of
making and executing the instrument
In question and offered for prObateg''
"No."
Was the instrument In question and
offered for probate as the last will and
testament Of John C. Brady, deceased,
executed by the said John c. Brady and
signed. sealed and published and de-
clared by the said John c. BRADY to be
his last will and testament in the pres
elcc ef the alleged subscribing, witnes,
ses, @. f. Barker and C. W. Dyerp"
"No."
"Did the said G.. +. Barker and C. w.
Dyer at the request OF said John c.
Brady in his presence subscribe their
names as witnesses therefor"
"No."