The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-26


Register of Wills Koehler yesterday in
the matter Of the objections to the pro-
batting of the will of the late Charles
w. Roesler, for many years alderman
of the Eighth ward who died last
week at the home of Mr.. and Mrs.
John Osberry, at 223 Franklin avenue.
Mr. Roesler lived for two years before
his death with the OsDerrys and in his
will left the greater part of his es-
tate, valued at S25.000 to Mrs. Osbelry
for her ltindnesses to him and the care
she gave him during the time he lived
at her home.
The objections to the probating Of
the will are made on behalf of Mary
J. Roeser the granddaughter of the
deceased, and it is alleged on her be-
half that on January last, when her
grandfather made his will. he was so
weak mentally that he did not have
testamentary capacity.
At yesterdays hearing Attorneys
Charles Il. Oliver and W. S.. Diehl an
epared for the will, and former Judge
Fl. A. Knapp for. the objections to 1t.
The first witnesses sworn for the will
were Chief of the Fire Department j.,
w. Zizelman and w. A. Townsend,
self. On cross examination they test-
fled that they had been called into the
| house to act as witnesses to the docu-
| ment by Mrs. Osberry. The will was
| then already drawn and signed, and
they understood it to be Roesler's will.
HANDED THE PEN.
Roesler himself handed the pen to
TOvngpn1 n Zivpln1Dn
| that he was familiar with the hand
| writing of Roesler and that he believed
| the signature Of the will 10 be genu-
inc. John r. Cooper, one of the bene-
| flciaries of the will was next called,
but his testimony was objected to on
the ground that being beneficiary, he
| was incompetent to testify.
| The register ruled that any teSti-
mony which would throw any light on
the mental condition Of Roesler would
| be admitted. Mr.. Cooper testified that
TO the best of his belief. Alderman
| Roesler was in sound mind when the
| will was drawn up. The case for the
| will was here closed, with the under
standing that Dr. Hall. who attended
Roesler in his last illness, could be
| called later.
The first witness heard on behalf OF
| the objectors to the will was lsadore
Goodman. He had known the alder
man for twenty-five years. and be-
| lleved that for the past three years his
| mind had been failing. He knew his
signature. and was of the opinion that
the signature to the will was not gcnu-
| inc.
| DR.. II. n. Dunnell had known Roes-
| Ter for twenty-five or thirty years. and
had often attended him as physician.
He said that his mind had been fall
ing ever since he was defeated for the
Office of alderman of the Eighth ward.
His mind was weak for the past four
years and during that time he was
unfit to do business said the doctor.
The weakness could be traced to "A de-
generation of the nervous system
caused by old age and it's tendency
would be to increase rather than i'm
prove. During the last two years he
was not fit to make a WILL The doc
tor failed to recognize the signature.
Fred Durr, the next witness, had
known Alderman Roesler since 1870.
During the last two years, he said, he
had been growing childish r. w.
Lewis. of Moosic, had known Roesler
for forty years and stated that his
mind had been noticeably failing for
the past year and half Mrs. Lewis,
his wife, had talked with Roesler in
the fall of 1899 and at that time. in her
belief, he was not competent tn draw q
will.
MIND FAILING.
| William j. Schiller, a neighbor of the
dead man. testified that for the last
four years his mind had been gradu
ally failing and that for the past two
years this had been especially notice
able. Charles Hart, Of Petersburg
who was policeman when Roeslel
was chief, was not permitted to testify
because he had not seen him for the
past three years.
| Alderman W. :. Milar. Of the Eighth
ward, who had known Roesler for
twenty-five years. testified that he had
been broken in body and mind for the
past few years. lie couldn't recognize
| the signature to the will as Roeslo"H
but wouldn't swear il was not his.
Mrs. Mary Sullivan, who had kAown
the dead alderman for forty years and
who had worked in his family for ten
wears, testified that his mind had not
been sound since the death of his son,
who was killed about three years ago,
Walter Kramer, who had assisted the
alderman with his books and papers
since he retired from public life, testi-
fled that during recent years his mind
was not sound.
Tha hearing WAS adiourna1 "a. tnG