The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1903-11-28
IN and ABOUT The COURTS
JUDGE CLEATELAND PREPARES
FINAL DECREE IN BENNETT CASE
U. $. Circuit Court win Open in HART
ford Next Tuesday-ButtOn Case Set
tied Out of COurt-lnvsntOry of Jacob
shsIf1eie Estate Ftled-Nlrs. Julia
ReynoIds Gets Diyoi CO Decree,

Reynolds GetS DlSOico OeCAaes
Judge Cleaveland, of the probate.
court, yesterday prepared his final de-
cree in the contest over the will OF the
late Philo S. Bennett, in which William
]. Bryan is SO deeply interested. This
decree is spread on the records of the
court. is
1t will be remembered that Judge
Henry Stoddard, counsel for Mrs. Ben
nett. the contestant, and Henry Y.
Newton, counsel for w. ]. Bryan, coula
not agree on the form Of the decree, ana
so each submitted decree for accept
| ance by the court. Judge Cleayeiand
has included in the formal decree some
of the points submitted by both law
yers. r,
! The decree does not allow the conten-
! ticn of w. J. Bryan that the sealed let
! ter, in which he was bequeathed Soo'Ouo'
was part of the will, and it is also de-
MED that typewriter letter, from
/ which it is claimed the sealed letter Is
copied, is part of the will.
Appeals will be taken by both sides
in this case. and a probable trial in the
superior court before jury is bouna 70
! result. r
] The probate courts decree is as fol-
I lows:
And on said 21st day of October,
1903. a sealed envelope containing let
ter was produced and filed in court AND
a typewrtten document was produced
and read. but not filed in court; and the
said William j. Bryan thereupon claim
ed that said envelope and letter We're
found with. and should be admitted tc
probate as a part of, the last Will ano
testament of said deceased; that SAID
typeWritten document should be admit,
ted to probate as a part of said Will
and that said envelope, letter and type
written document, taken together
should be admitted to probate as par
of said will.
1.-THE hearing upon said application
was continued from time to time unit
this 9Th day of November, 1903.
After hearing the parties with thel
evidence this court finds that the allie
cations Of said application are prove;
/. ana true, that the instrument mention
4 ed In said written application was dull.
executed by the testator for his las
will and testament, and that he was, q
the time Of executing the same, OF law
4 full age and of sound mind and memory
! 1T is therefore considered by this cour
i that said will is duly proved, and tn
same is approved, allowed and ordere
: to be recorded.
/ "And this court further finds tina
: said letter in said sealed envelope wa
j found with said will, but was not IN eS
! Iistence at the time of the execution G
i said will; that said typewriter docu
: ment was in existence at the time OF IN
! execution Of said will, and that sal
) letter was copied from said typeWritte
/ document, but that said typewritte
! document was not found with said wi
; fand is not the letter referred to in tn
: twelfth clause Of said will.
! ut is therefore considered, adjudge
:. and decreed by this court that neiths
said sealed envelope and letter, nc
said typewriter document, nor said el
yelope, letter and typewriter documel
:. taken together, be approved or Above
as a part Of said will, and that the pr
bate of said envelope, letter and typ
:, written document, and of each of tt
. same, be refused.
: Livingston w. Cleaveland,
:. Judge"