Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1902-04-12

of Snyder from Cleveland. DR.. Sny.
| der was not able TO give the ease the
necessary amount of time and attcn-
| tion, and IL was through Dr. snyder.
that he. Dr. Murdock, was called in
the case. DR.. Murdock further tcsti.
fics that he began treating Mr. Cor
nell some time i'll May. and continued
10 treat him until his death on June
10tli II period of about one month,
70 those who knew both Mr. Cor
nell and DR. Murdcck it would Ger
talnly seem strange that men of their
conservative and reserved disposition
would, within so short time. work
up uu acquaintance sufficiently init
mate TO permit of tbc physician ''joli-
ing" with his patient on the subject
Of making viii
Another thing that is more than
passing strange is the fact that Dr.
| Murdock, Willard Vail and Mir. Baird
AL say that Cornell wanted his prop
crty tu 20 according TO the laws OF
| Ohio The fact Is and tho evidence
tends TO show it, that Mr.. Cornell
didn't want TO make viii. that these
alleged executors were putting forth
every effort 10 persuade him to make
one, and his reply to all these in
quiles was, NO, will make no will.
the laws of Ohio are coed enough for
me-"
This WILL according to the testi-
mony of Aungst and Mrs. Paige both,
lay upon the mantcl in Cornclls room
for II week or two before his death, in
fact from the time that McFarlin first
turned 1t over 10 Mrs. Paige to secure
Cornell's signature thereto, until Me
Farlin brought it down stairs with the
exclamation, ITS signed. It's sgn-
ed"
DR.. Murdoch Aungst, Mrs. Paige
and all the others knew about the
drafting of this will and the efforts
that were being made TO secure Cor
| nells signature They all had heard
him use the expression that he want
ed his property to go according TO
the laws Of the State of Ohio" and
that tx what Dr. Murdock has in mind
when, in his testimony, he uses this
expression and couples TO ii the fact,
which he no doubt believes to be true
but which Is utterly improbable, that
Cornell told him that ne made a will
and had made these boys executors
The third charge In the motion, as
set forth in the opinion of the court
Is that these executors had purchased
certain securities, MS Mrs. Ritchic's
trustees nj IL judicial sale by the
United States Circuit court in Clcvc-
land; that the executors deny that the
purchase was made as trustees of Mrs.
| Ritcnic but on the other hand claim
that they purchased these securities
as executors of the Cornell estate, and
that they belonged to said estate and
become part of its assets after their
purchase,
These defendants on the BOth day
Of November. 1901, took the deposi-
ton of Judge Epson before Henry
NJ. Iagelbargcr, notary pubic. !. my
self, cross-cxamncd Judge Upson.
Among other things the judge was
asked this questions;
q, Now Judge Epson, this con
firmation (mcaning the confirmation
Of the sale of these securiticsl, of
course was agreed to by YOU ns the
attorney for my wife and MYSELF"
A. "It was, with Mr.. Rtchic'S con
sent"
q. and this consent was given
for the reason and with the under
standing that these executors act MS
trustee, Tor Mrs, t!tchic in purchasing
These securities In her hands for her
bm,ctitE \. Il tniul so
., "Non OF corisc, would not have
asked my wife, being your client,
who had the utmost confidence in
yea, To give l,cr consent 10 the cou
l!rmatlUn of sale iudCr which Cor
ucIl'S executors were buying In her
securities fur tAc bcrcfIt of Coruclrs
estate" A. "An, / understood that
these securities woulG he delivered to
Mre, Rltcllo ~ soon ms the executors
received proper vouchers from the
heira'
g And those vouchers were Civ.
ON Immediately after the sale, were
tGey not?' \, "'rhcy were given
soon after in New York
g. You haNr never changed your
oltnlon since giving this deposition,
og from the date OF that sale, that