The Washington times. (Washington [D.C.]) 1901-1902, 1902-03-25
Contestant Tells of His
Crandfather's Death.
ALLEGES UNDUE INFLUENCE
Trial Involves Large Property Interests
in This City-Mr. Utermehle Subject
ed to a Rigid CrosS-Examination-
Hearing Continued Today.

The hearing in the contest over the
will of the late Mr.. George ". Utermehle
involving large property interests in this
city, was resumed yesterday morning be-
fore Justice Barnard and a jury in the
Probate Court The contestant, Mr.
Charles II. Utermehle, again resumed the
stand and concluded his direct examina-
tion by giving graphic and dramatic
description of the death of his GRANDPA
Their which occurred in 1889. Mr.. uter-
mehle stated that all the members of the
family were called to the bedside about
two hours before the death, and that his
daughter, Mrs. Taylor, was engaged most
of the time in watching the approach OF
the end The members in attendance were
informed by her as to the way in which
death was approaching. DR.. Taylor, the
witness said stood by the bedside, and
when the end came, finally, closed his
watch. with the exclamation, He is
dead!"
Widow Sobbed.
Mr.. Utermehle stated that save for sobs
noticeable on the part of the widow
there were no other visible Manifesto
lions of feeling at the death. The witness
then denied all knowledge of any other
will than the one in controversy having
been made by his grandfather, and was
then turned over to counsel for the ca
yeatees for cross examination.
Attorney Worthing,on at once began TO
take Mr.. Utermehle over the entire field
of his direct examination, and examined
him particularly in regard to the meaning
of different declarations previously made
by him.
He asked him about circumstances con-
corning the Christmas dinner Of 1887. and
Mr. Utermehle testified that his grand
father showed the effects of liquor. He
further said that his grandfather's con-
duct was peculiar. especially in his
method of carving the turkey, and that all
members of the family understood that
they should take, without any comment
whatever his grandfather chose 10 place
upon their plates.
He spoke of having received present
from his grandfather of 500 in 1888, but
he said he thought it was handed TO him
by his aunt, Mrs. Taylor.
Reviews Whole Case.
re went III urUaII, >.---:-,.,,-r,-
stances as to how he became aware for
the first time. in 1883 and the early part
of 1860. of what he claimed was the I'M
due influence practiced upon his grand
father. and of his mental incapacity at the
time it is said he made the will.
He admitted and identified the receipt
of certain checks shown him, which had
been paid to him by his grandmother in
connection with taking up the mortgage
upon his property, which, he said, was
agreed to at the time he had the con-
yersation with Mrs. Norment, Mrs. Taylor.
and his grandmother, in which they had
remarked upon the small legacy which
had been left to him. and promised him
that they would sec that his share was
equalized out Of what the grandmother
received
Mr. Utermehle was made to detail his
conversation, and was asked specifically
regarding his movements after his grand
mothers death. He stated he spent the
most of his time in Frederick but that
during the year of 1898. he attended the
Worlds Fair, and also made a trip to
Detroit.
Signed Legal Papers.
paper was produced by Attorney
Worthington which the witness said ne
signed when he was very i'll in Frederick.
giving local real estate dealer-Mr.
Charles Handy-power of attorney to re-
ceiye certain payments in connection with
his grandmother's estate.
The contestant was then asked as to
what he had intended in writing the let
ter of May 49, in which he offered to pay
back to his aunts what he had received
under the will He stated that he had at
that time made arrangements to obtain the
property which he had received under the
will, and also to acquire the money ncces-
sary TO make the settlement upon the
exact lines indicated in the letter, and
that he did not mean merely by the letter
h. vas willing that his distributive share
should be charged with the amount that
he had taken, but emphatically declared
that he was ready to deliver the property
and the small amount of money which ne
had received in connection with the legacy
and the $3.50 note.
Case Continued Until Today.
At this point Attorney Worthington
suggested that further cross-examination
be suspended until today, when, it is
understood the cross examination OF the
contestant will be concluded and his re-
direct taken up.
A number of witnesses will be called
TO prove the mental condition of Mr.. Uter-
mehle at the time he made the Will, and
10 substantiate the claims OF the contest
ant regarding the charge Of undue infiu-
ence.
FIagman at Central Avenue.
NJ. c. B. Hunt, the Computing Engi- |
neer. has asked the District Com
missiOners that the attention of the !