The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-23
BRYAN WILLTAKE THEBEQUEST
CHANGES HIS MIND For LEGAL
REASONS, HE DECLARES.
Ne Declines 10 Compromise In the Bennett
wiz Case--Accused OF Not Being
Frank win the WidOw-Nlrs. bryan
knew All About the secret Request.

resumption of the hearing in the Probate
court to-day on the admission OF the will
Of rhi!O ). Bennett, by which an estate
Of about 100000 is distributed, of which
" J. Bryan and his family we're to get more
than $4,000, Mr.. Bryan, his counsel,
former Judge Henry G. Newton. and Mrs.
BENEFITS counsel, Judge Henry Stoddard,
walked out of the Probate Court hurriedly
and entered private room nearby. Every
one in the court room thought there would
he IN amicable settlement OF the case and
that when they returned to the court room
they would notify Judge Livingston w.
Cleveland that all opposition to the adj
mission Of the will to probate had been
withdrawn
In the private room Judge Stoddard on
behalf of Mrs Bennett turned to Mr.. Bryan
and said:
Il have a proposition to make to you,
ard it is this: That you resign az once as
executor of this will If you don't we will
20 ahead with this case and contest it on
the ground that you used undue influence
on Mr.. Bennett when he was preparing
that will"
Mr. Bryan and his counsel were surprised.
Nj Bryan was also indignant and told
Judge Stoddard that he would not resign.
The conference Immediately ended, and
rhr lawyers and Mr. Bryan returned to
,ho court room. 1t was said that Mrs.
BENEFITS counsel wanted an executor
favorable to Mrs. Bennett. The widow
hae not been in the city in two weeks.
i was apparent from the line of exami-
nation to-day Of Mr., Bryan by Judge
~.
he made that the Nebraskan used undue
influence on Mr.. Bennett when the two
OF item, in the presence of Mrs. Bryan,
drew up the will, the copy of which was
rvTowrtten by Mrs Bryan at their Lincoln
home. Mr.. Bryan appeared in court this
morning with counsel, for the first time.
At the close Of the hearing yesterday
Mr. Bryan told the Court that he wouldn't
take a cent of the $50, 600 which Mr.. Bennett
Instructed his widow to turn over to him,
in accordance with instructions in sealed
envelope, nor would he allow any member
Of mis- family to take a cent of it If it was
not agreeable to Mrs. Bennett. The first
thing he did when he went on the witness
stand to-day was to inform the Court that,
acting on the advice of counsel, he wished
10 amend that statement. Then he read tho
flowing prepared statement:
Il have been advised by counsel that
under decisions Of this State there is some
question as to whether the law might not
be different in case l refused to accept the
bequest myself and distribute it according
70 the alternative construction, and in case
| accept it and in view of that uncertainty,
desire to make this statement at present,
until further advised in regard to the law;
that | will accept, if 1t Is necessary to come
within the law with this understanding
made in court; that if l accept if for myself
il will not be used for myself, either the
$1,000 for myself personally or for the
family, without the consent OF Mrs Ben
nett; that in case Mrs. Bennett does not
consent it will be distributed by me in ac-
cOrdance with the instructions Of Mrs.
Bennett. But. II necessary to come within
the law, it will be distributed as personal
distribution, the only object being to avoid
raising question by change in the man
ner of its distribution"
Then began the cross examination Of
Mr.. Bryan. Judge Stoddard led him
through those times, beginning in 1900,
when MIR. Bennett went to Lincoln to have
his will drafted by Mr.. Bryan, and attempted
to show that all the facts in relation to the
conference between Mr.. Bryan and Mr..
Bennett relating to the bequest to Bryan
or to the Bryan family had not been COM
municated to Mrs: Bennett, although the
apparent plan had been to make her in
formed thoroughly. In regard to tho sealed
letter in which Bryan gets $4,000 it was
shown that Mr.. Bennett and Mr.. Bryan had
prepared the copy Of letter Mr.. Bennett
was to send to Mrs. Bennett and similar
letter to Mr.. Bryan. Mr.. Bennett was to
send these letters to their respective des-
tinations after he should have reached
New York. Mr.. Bennett had decided that
members Of the Bryan family, as well as
Mr. Bryan, were to be remembered in the
scaled letter, but the sealed letter remem-
t.red Mr.. BRYAN alone.
Judge Stoddard brought out that Mr.
Bennett and Mr.. Bryan had agreed on a
letter to Mrs Bennett advising her of the
bequest to Bryan and in which letter it
was said that Mrs. Bennett and Mr.. Bryan
we're the only ones who knew of the be-
Of the bequest.
"Nho was present at your home when
the forms of this will and the letters were
prepared7" lac was asked
Il am not sure that any one was present
except Mr. Bennett and myself. Mrs
Bryan did the typewrltlng; and l would
like to say In this connection that Mrs
Brvan's study of law already referred to,
was not with the thought Of practising
hut that we might have more in common
She learned to write on the typewriter that
she might attend to my correspondence
she tiC the typeWTltlHR on tDe VIII ana Inc
Two letters, one to be sent to me and one
to Mrs. Bennett upon the death of Mr..
Bennett
Didn't Mrs, Bryan participate in the
disclIssionS
Il don't think she did"
Didn't she say that Mrs Bennett might
he unwilling for you to take this $50 ,OOO?"
Il don't think she did
DO YOU know why you said in the letter
for Mrs. Bennett: MY desire Is that no
one but you and Mr.. Bryan shall know Of
the bequest, when you knew that Mrs.
BRYAN was aware of the contents?
Il don't know Of any explanation" re-
Piled Mr., Bryan, except that in the letter
to me it WAS shown that part Of the $50 900
was to go 10 Mrs. Bryan and part for the
children and it was understood that Mrs.
BRYAN was to know
-Why didn't you tell Mrs Bennett the
truth in that letter to her that Mrs. Bryan
knew all about this''
There was no intention of concealing
the facts from Mrs Bennett. but / did not
think it was necessary to add Mrs. Bryan
after my name
In the letter to Mrs. Bennett it was
stated that $4,000 was to go to you and in
Your letter that s25 900 was to go to you
and s25 900 to some one else Why those
conflicting statements
THE letter to Mrs. Bennett" explained
Mr. Bryan, was as TO the disposition Of
the $4,000 trust and the one to me explained
what was TO be done with it,
While you were carving up this estate,
why DIDN'T you tell the widow what you