The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-07
He Holds that the Secret Letter to the
Widow Is Not Part of Her Late
stament
BRYAN MUST NOW BRING SUIT
IF HE WISHES THE $4,000 PROM
IsED BY HIS DEAD ADMIRER.
Opinion Expressed by the Judge that
Mr.. Bryan Did Not Unduly In
huence the TestatOr.

NEW HAVEN, Nov. 6.-Judge Living
stone w. Cleaveland, of the Probate Court,
handed down a decision to-day in the Philo
S. Bennett will case holding that the secret
letter directing Mrs. Bennett. the widow, to
pay William j. Bryan $4,000, was not part
of the will. The effect of this is to prevent
Mr.. Bryan from obtaining the money men,
toned in the letter unless the present deci-
sion is reversed by a higher court. or I'M
less he should be successful in legal pro-
ceedings against Mrs. Bennett, in the event
that the $4,000 should be paid under Clause
II of the will, which reads as follows:
twelfth give and bequeath unto my
wife, Grace Imogene Bennett, the sum of
$4,000, however, Tor the purposes set forth
In a sealed letter which will be found with
The text was made public in one of the
hearings on the. will. Mr.. Bryan was not
present when the decision was announced,
but his attorneys said he would undoubted-
ly appeal from Judge Cleaveland's decision.
Copies of the decree were handed to attor-
neys representing Mrs. Bennett, the widow,
and Mr.. Bryan.
When Judge Cleaveland took his seat on
the bench an inquiry was made as to Mr..
Bryan's whereabouts, and when it was
stated thai he would be here In the after
noon the judge said he would adjourn court
until tomorrow, so that the form of the
decree could be announced in Mr.. Bryan'S
presence. Attorneys for Mr.. Bryan said
that they were ready for the decree at this
time, but the judge thought the opportunity
should be given for further. discussion of
the case If desired. He then said: II find
that the question, of whether the will was
properly executed was not raised. l find
that 1t was properly executed and / find
that the testator had sufficient testament
tary capacity. 1 find that there was no un-
due influence by Mr.. Bryan over Mr.. Ben
nett. 1t was claimed that the sealed letter
should be incorporated In the will. 1 find
that reference in the will was sufficient as
TO the sealed letter, yet the language In
the will was executed before that letter was
written. There was in existence before the
will was executed a duplicate of the sealed
letter. That is considered in support of the
contention that that paper is a part of the
will. The sealed letter was found with the
will. / find that there was no undue infiu-
ence, but that the sealed letter was not in
corporated in the will"
THE DECISION.
The court further said that he expressed
no opinion as to whether the sealed letter
which gives $4,000 to Mr.. Bryan and his
family can be incorporated in the will. The
text of the decision is about $500 words
long. In it the court, after reviewing the
evidence, says:
1.-The testimony of Mr.. Dewell, who had
known him for a quarter of a century,
shows that the testator was a sharp, able.
business man, a man of decided opinions
from which he was not easily turned aside.
But whatever presumption, If any, might
be raised by reason of Mr.. Bryan's draft
ing the will, has been, in the opinion of the
court, abundantly overcome by the evil
dence. Mr.. Bryan ~testifes that the idea of
a bequest in his favor, so far from being
suggested by him or Mrs. Bryan, was a
complete surprise to both: a statement In
which the court has entire confidence in
view of Mr.. Bryan's frankness on the wit
ness stand and his evident desire to fully
disclose all his relations with the testator
and all the circumstances surrounding the
drafting Of the will. 1t must also be re-
membered that the ~testator had ample OPP
~portunity to change his will at any time
during the last three years of his life and
without the knowledge of Mr.. Bryan.
Mr.. Bennett did not, in his will, forget
any of his heirs at law and made ample
provision for the support of his wife. TAX
ing the total amount of the specific legacies
in connection with his estimate of the res
idue, as expressed In the sealed letter, he
evidently thought he was giving his wife
500 600, or more, absolutely out of an estate
which he apparently thought would approx
innate s3O0.000. The organs were not only