Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-11-06


CON plete surprise to both; statement IN
which the court has entire confidence, IN
view of Mr.. Bryans frankness on the WIT
ness stand and his evident desire TO tully
disclose all his reia tons with the testator
ana 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.
None of Family Forgotten.
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 legaeies
in connection with his estimate of the resi-
due as expressed in the sealed letter, he
evidently thought he was giving his wife
100000, or more, absolutely, out of an
estate which he apparently thought would
approximate 100000
1.-The organs were not the only legatees
outside of the widow and his heirs-at-law,
but the testator, besides making liberal
public and charitable requests, made gen.
erous provision for relatives who would
have received nothing but for the will.
Measured by Mr.. Benefits devotion to
Mr.. Bryan and to the principles for which
both had contended. the bequest of $4,000
to the Bryans, to take effect after the tes-
tator's death, does not seem more unusual
than the gift of 5000 offered to Mr.. Bryan
while they We're comparative strangers and
actually paid during Mr.. Benefits life.
Neither by Undue influence.
This court finds that neither the twelfth
clause of the will nor the letter therein re-
ferred to was procured by undue influence.
1.-The other question to be considered is
whether the letter contained in a sealed
envelope and referred to in the twelfth
clause of the will was so Incorporated by
reference as to be made a part of the will
Even though the law in this state is, as
1t seems to be in most Jurisdictions, that
such a paper, under certain conditions NAV
be incorporated by reference this letter is
objected to on other grounds Even If it
be conceded that the twelfth clause in this
will refers to the extraneous paper as being
In existence at the time of the execution of
the will the authorities agree that the paper
referred to must in fact be in existence at
the time of the execution of the will.
Answered by First Sentence.
Was the letter in the sealed envelope in
existence at the time of the execution of
the will? This question Is answered by
the first sentence of the letter itself 1t
reads: In my will just executed 1 have
bequeathed to YOU etc.
True, the typewritten draft was pre-
pared in Nebraska two or three days be-
fore the execution of the will. but this
typewriter draft was not designed to be
the letter to be referred to in the will and
cannot be considered as SUCH"
The judge cites legal authority in sup
port of his contention that the letter can
not be regarded as part of the will and
goes on:
Cannot Be Probated.
'In view of the plain recital in the let
ter itself. it is difficult to see how, without
an utter disregard of the authorities, this
letter can be incorporated into the WILL
and this court. therefore, finds that the
sealed letter cannot be admitted to probate
as part of the will.
ut is not, however, the province of this
court in probating a will to construe its
provisions. Hence the twelfth clause.
whether operative or not will be admitted
to probate as a part of the will, and in
thus refusing to probate the sealed letter
part of the will this court does not
wish to be understood expressing any
opinion as to whether the letter. without
being probated, can have any legal effect