The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-10-05
WRESTLING WILL CONTEST
A Verdict for the Executor and
Residuary Legatee.

Surprise Caused by Chief Justice Nc
| Sherry's Action in InstructIns the
! Jury to Find for the Defence.
The History of the Proceedings.
| FREDERICK n. oct. 5.-The West
! ling Will case. which occupied the atten-
/ ton Of the Frederick Circuit Court for
| eigh' days, came To- "a sudden termination
] yesterday afternoon when Chief Judge
| McSherry instructed the jury to find a
/ verdict for the executor, Frank c. Nor
I wood
| Er. Norwood. executor and residUary
| legatee Of the will. was placed on the wit
/ ness Stanl when court met yesterday
! morning and was kept there the whole
| day he WAS subjected 20 severe cross
| examination, but his testimony was not
shaken in the least lie testified that he
started 10 visit Miss WitsJling and EIihU
| T. Rockwell. her stepfather. in 1873 He
wrote Mr.. Rockwell-s viii and produced
/ the original deed made by Mr. Rockwell
| on the day his Will was executed, con-
veying the same property he bequeathed
| in the viii. and that the deed was not re-
corded after his death He frequently
visited the family until 1888. when Mr.
( Rockwell died and after his death attend
/ ed to their business affairs. He said a
part Of the will OF 1887 was drawn by Miss
| Wrestling and a portion by himself. she
requesting him O. finish the document. as
she was uncertain about certain clauses
tequeathing trust estates.
The eighteen months which were allow
! ed for the payment Of the $4,000 to the
missionary boards was allowed. he said
I In order that the executor would not be
hampered By Iegatees until the requests
I. had been confirmed by act of the Cen
eral Assembly.
They both took a trip in 1859 to Cali
fornIa. travelling over 1000 miles, which
Miss Wrestling stood very well. and the
expenses of which she betrayed.
During his sickness at the City Hotel
which lasted about ten weeks. the testa-
trix visited him about five times a week
In 1880 he took a trip 20 Minneapolis. and
In 1892 took another "trip South and later
they went to the Worlds Fair He said
ne attended to her business at her sug-
geston and under her direction He pro-
duced her ledger. which she kept locked
up in her desk, and which showed her
transactions from 1883 TO the time of her
death last January He mace invest
meuts for her, but always took charge Of
the securities he purchased on her ac-
count He never had charge of her bank
Continuing. Mr. Norwood said.
After became a director in the First
National Bank she rented a private box
Ia the Citizens National Bank and al
ways kept the key. Often when she want
ed the box ] would get II from the bank
and return Il again In the afternoon"
He denied having eXerted any undue in
nucnCe over her and said she was a WON
an Of good, sound Judgment.
When Mr. Norwood concluded his testi-
mony Miss MOllie b Kemp, DR. A j.
De-. d. 4
the stand After few brief explanations
as 20 the physical condition OF Miss
testing, Nh AaulSby. Of counsel Tor
the defence. created something Of a sur
prise by announcing that the defence
here rested its case and was willing 70
submit its prayers TO the court without
argument.
The court took a recess and on recon
yoning Mr. Uruer spoke for about TWEEN
ty-hve minutes. Judge McSherry then re
viewed the testimony, adding that Mr.
Norwood gave clear and intelligent eE-
PLANTATION OF his transaction and connec-
ton with the case, and explained most
satisfactorily some things about which
there had been some suspicion In view
OF these facts. the Judge said Mr. Nor
wood s testimony was uuImpea and
clearly showed that no undue influence
had been eXertsd. The judge then in
srructed the jury 10 find for the caveatee-
The court had arranged 20 hear testimony
until midnight, as the Judges were anN-
ious 70 conclude the case this week
AIRY. 1901 and left the following requests
Presbyterian Board OF Foreign Missions.
81 600. Congregational Home Missionary
Society. $1,000. American Board Of Com
nllssiouers for Foreign Missions $500; :
American Tract Society. $500, Emily F.
Anders. Of Frederick county, 500, Rev.
Samuel x Calender. MeCharicsburE Pa, Z
81. 20 10 be equally divided between him
and his two sisters Miss Anna NJ. West
ling Mount Alto. Pa. 500. Edward =.
Wrestling Mount Alto. $3.50; Mrs Ade-
line Loose. OF MiGdietOWn, Pa. $3.50. and
20 Annie May Smith, 800 The residue OF
the estate was left 10 Frank g. Norwood. I
who was also named as executor
The will was executed In December,
l-gi and Witnessed by Leslie Crame-. Yer
non Silence. and George T. BaUmga-Juer.
all clerks in the First National Bank At
inventory OF her estate as fled IN the 4
Register Of wills Office and as testified /
10 by Deputy Register Eli c. HOuEl. IS /
as follows Personal property. Sl13lI- /
stocks and bonds 5000, current money,
81 1857. total value Of estate Sil9 9f5-6S-
The CaveatOTS cousins Of the teSJaIrlX. /
ALLEGED that Miss Wigstliiug was not or I
sound mind when she made her Win and I
that she was subjected 90 undue IIfu- /
cUce. in consequence Of which they were |
cut OF without any requests