The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-01
DIR. SPENCER WILL CASE
UNUSUAL CONTEST IN THE CIRCUIT
COURT AT RENSSELAER,.
Plaintiff Is the Nephew and Adopted
Son of the Testator, who Is Suing
His Cousins and Foster Sisters.
necial tn the Ins,anano,,s Journal.

Special to the indianapolis Journal.
RENSSELAER,, Ind, Nov. 30.-The issues
in the DR.. William Spencer will case were
made up to-day in the Circuit Court before
Judge Joseph Nj. Rabb, of Williamsport.
DR.. Frank Spencer, now taking his second
year postgraduate work in the Medical
College at Ann Arbor, Mich, is contest
ing the will OF DIR. William Spencer, who
died about two years ago at his home in
Monticello, where he owned property valued
at 100000.
The complaint charges that in 1886 DR..
William Spencer married plaintiffs mother,
who was at that time the widow of DIR.
Spencer's brother, and that as an induce
ment to the marriage the testator promised
and agreed to adopt the plaintiff and give
him one-third of his estate, representing
that he was a weakly child, and needed
his care as a physician. and unless he got
it he would die; that on the faith Of this
and many other promises the widow mar
ried the t%estator. and gave him about $4,000
with which to build their home; that a few
weeks after the marriage the ~testator duly
adopted the plaintiff, but from that mo-
ment the testator's other children, two
daughters, Mrs. Carson and Mrs. Meeker,
prominent in Monticello social circles, be-
gan TO poison the mind of DR.. spencer
against his new wife and adopted SON and
nephew to the extent that he entertained
various delusions as to his condition and
duty toward his family: that about 1887 his
of mind and body, resulting from
various causes charged, became manifest
and caused a change in his attitude toward
and treatment of his family, growing
worse until 1892, when it became so I'M
bearable that his wife was compelled to
and lnhuman treatment, which was sus-
tanned by the White Circuit Court; that
during this trial the testator executed a
will, and two months later personally draft
ed the will now being contested, which
gives all his property to Mrs. Carson. wife
of the cashier of the Monticello National
Bank, and $40 to his other daughter, Mrs.
Meeker, whose husband owns the princi-
ness in that town; the will does not even
mention the plaintiff, and the plaintiff says
in his complaint that in pursuance of the
conspiracy of the defendants to cheat him
out of his interests, they procured by un-
due influence and fraud the two wills to be
executed, and also in 1896 a deed to be exc
cpted by the t~estator conveying all his
property to Mrs. Carson, which deed was
kept off of record until after the testator's
death, when the same was recorded, to-
gether with another deed from Mrs. Carson
erty, which had been previously agreed
upon as her share by the two defendants;
of mind the defendants dominated him and
procured the execution of these instru-
ments, as we'll as obtaining from him many
thousand dollars in money and property.
This suit has been pending for more than
a year. The plaintiff has fled about q
dozen dispositions and examinations. includ-
ing the deposition of the only surviving
subscribing witness to the will, who tes-
titles that the testator was of unsound
mind at the time of the execution of the
will. To the same point are the dispositions
of the uncle of the testator, clerks in his
store and others closely associated with
him..
The plaintiff examined the defendants
and their husbands, as to their knowledge
of and connection with the will and deed
and for failure to answer most of the ques.
tons the plaintiff to-day asked the court
fc- an order compelling the defendants te
answer these questions. The case prob.
ably will be tried at the next term of thi.
court, and from indica tons and reports
will take about a month.
The defendants are represented by E. B
Sellers, States district attorney
w. E. Uhl and B. F. Carr, of Monticello
and De Witt Justice, of Logansport, and
Foltz, Splitter & Kurrie and Ferguson &
Wilson, of Rensselaer,, and the plaintiff b,
Spencer & Guthrie. of Monticello.