Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20
THE COUNTY COURT
Will of Ann Janette Stoddard
Sustained.

The Fortier-Page Case-Recommenda
tions for Improvements on County
Buildings.
The testimony was finished Thurs.
day in the Ann Jeanette Stoddard will
case, which occupied the attention of
the court several days and in which
over 40 witnesses were called. Some
of the witnesses, including DR.. Hois-
ington, who attended Sylvester Stod-
dard in his last illness, considered
Mrs. Stoddard of unsound mind. DR..
S. e. Lawton, superintendent of the
Brattleboro Retreat, appeared as an
expert witness. On being asked a
question summarizing the peculiarities
and incidents related concerning Mrs.
Stoddard he replied that he should
consider such a person unsound and
suffering from senile dementia with
decisions.
Attention was given by counsel for
contestants to two other phases of the
case aside from mental unsoundness
of the testatrix. The will shows that
when first written several blank
spaces were left into which were fill
ed afterward the name of Stephen NJ
Nutting as trustee for Ira B. Holton,
and the date of execution. These ad-
ditions, although apparently the writ
ing of Judge Stoddard, who drew the
| will, are in a more trembling hand
than the main portion of the docu-
ment, and the claim was made that
the spaces were probably filled by
Judge Stoddard or some one else after
the execution of the will, thus making
| the instrument invalid. The other
claim is that the property now in dis
pute Is mainly the growth from the
real estate left her in trust by Mrs.
| Stoddard's father and that the real
estate having been taken from the
other heirs, the equities of the case
now demand that the estate be return
| ed to all branches of the family alike.
The case was very ably argued by
| G. H, Robb Of Bellows Falls, and Geo.
! n. Nay of Boston for the will, and
| Judge Waterman and j. l.. Martin for
the contestants.
Judge Stafford instructed the jury
that If there should be found any de-
feet in execution of the main will, the
proper execution of codicil when the
testatrix was in sound mind would
cure any defect of the execution of
the will.
The case went to the jury at 2
| o'clock Friday afternoon. An hour
later they returned a verdict through
George H. Houghton, foreman, finding,
in answer to special interrogatories
| submitted by the court, that each of
tho instruments dated Oct. 81, 1888,
| Oct. 80, 1893 and March &c, 1897, re-
| spectively, was legally executed and
that the maker was of sound mind at
the date of execution also returned
the following general verdict: an this
cause the jury say that the three in
| struments propounded together consti-
tute the last will and testament of
Ann Jeanette Stoddard."
Margaret Fortier VS.. George L. Page.
| This was an action of assumpsit to re-
cover for care and board of defend
ants wife and two children. Both
| parties live in Holyoke Mass.
The evidence of the plaintiff tended
to show that the defendant married
her daughter in 1856, and lived most of
the time in the city OF Holyoke; that
| by reason OF his gross and confirmed
habits of intoXication and cruel and
! abusive treatment OF his wife and
children, and neglect to furnish them
with proper support, the wife left the
! defendant July d, 1899, taking with her
their little girl, and went to plainiff's
| house to live where she has since re-
manned, and that several weeks there
after her daughter brought the little
| boy there. That she boarded the boy
one year, for which she charged $156.
| That she boarded the wife IA weeks,
| for which she charged SAP, and that
she paid for schooling and board of
| the children at a Roman Catholic in
| stitution $3.50, all of which she claim
ed was reasonable price, making her
total charge of $211.50, which she
| sought TO recover.
The evidence on the part of the de-
PENDANT tended to show that he never
| treated his wife in a cruel or abusive
manner, and that while he occasion
| ally drank a glass of beer and whiskey
he was never intoxicated, and that
sometimes he went over five years
without drinking anything; that he
was employed at good wages most
of the time and furnished his family
with all the comforts and necessaries
of life; that he had often demonstrated
with his wife and objected to her be-
ing seen upon the street with a certain
NOudu Win d Ddu reputation lot CndS-
tity, and that most of their troubles
was the result of his wifes associa-
tons, absence from home evenings,
and the interference of his mother-in-
law, the plaintiff. The question of
plaintiffs right to recover, it was con-
coded by both parties, depended upon
whether the wife was living apart
from the defendant from a cause justi-
fable under the law of Massachusetts.
and, therefore, had the right to pledge
his credit for the support of herself |
and children. 1t was also agreed that |
she would be so justified if her hus- |
band was cruel and abusive in his |
treatment of the wife; had gross or |
confirmed habits of intoXication, or |
neglected to provide suitable support |
or maintenance.
The jury rendered a verdict for the |
plaintiff to recover $152.62.
Fits. Waterman & Martin for the |
plaintiff
Cudworth, Haskins & Schwenk for
defendant.
The grand jury made the following
recommendations in reference to the |
county buildings
A now iron dOor Iood;ro S..