Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-11-06
NO MONEY FOR BRYAN
Decision Rendered in the
Bennett Will Case.
TEXT Is MADE PUBLIC
FORM OF THE DECREE TO BE AN
NoUNCED TOMORROW.
Sealed Letter Of Deceased's Bequest
Was Not incorporated in
the Will.

NEW HAVEN, Conn., November o.
Judge Livingston W. Cleaveland OF the
probate court handed down decision To-
day in the Philo s. Bennett Will case, hold-
ing 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 mentloned III
the letter, unless the present decision i
| reversed by higher court, or unless he
should be successful in legal proceedings
against Mrs. Bennett. in the event that the
$4,000 should be paid under clause twelve
Of the will, which read as follows:
Text Made Public.
Twelfth I give and bequeath unto my
wife, Grace Imogene Bennett, the sum OF
fifty thousand dollars (s5O,0oO, In trust,
however, for the purposes set forth IN
sealed letter, which will be found with
said will"
The text of the letter was made public
at one Of the hearings on the will Mr..
was announced, but his attorneys said he
would undoubtedly appeal from Judge
Cleaveland's decision
Attorneys Get Copies.
Copies of the decree were handed to at
representing AShhSees SA'>
widow, and Mr.. Bryan.
When Judge Cleaveland took his seat on
the bench an inquiry was made as to Mr..
Bryans whereabouts, and when 1t was
stated that he would be here this afternoon
the judge said he would adjourn court until
tomorrow. SO that the form of the decree
could be announced in Mr.. Bryan's pres
ence.
Attorneys for Mr. Bryan said that they
were ready for the decree at this time. but
the judge thought an opportunity should be
given for further discussion Of the case If
desired. He then said:
No Undue influence.
Il find that the question of whether the
will was properly executed was not raised.
I find that it was properly executed, and
find that the testator had sufficient tesla
mentary capacity. I find that there was no
undue influence by Mr.. Bryan over Mr..
Bennett
TT was claimed that the sealed letter
should be incorporated in the will. l find
that reference in the will was sufficient as
to the sealed letter, yet language In the
document itself plainly indicated that the
will was executed before that letter was
written.
Sealed Letter Not Incorporated.
There was in existence before the will
was executed duplicate of the sealed let
ter That Is considered in support of the
contention that that paper was a part of
the will. The sealed letter was found with
the will. l find that there was no undue
influence, but that the sealed letter was not
incorporated in the will
The court further said that he expressed
no opinion as to whether the sealed letter
which gives 600 to Mr. Bryan and his
family be Incorporated in the will.
Court Has No Opinion.
ut may be urged" he continued, that it
can be used, but as to that the court has no
opinion to express"
Attorneys Immediately asked the court If
a construction had been placed upon the
bequest and the court called their attention
to the text of the decision.
Afterward Judge Cleaveland stated that II
was a question whether the probate court
had a right to consider the construction of
the sealed letter, and 1t was also ques-
ton whether the lawyers in the case could
so frame a question in relation to the mat
ter as to bring it within the province of the
probate court to consider 1t.
Text Of Decision.
The text of the decision includes about
200 words. In it the court. after reviewing
the evidence, says:
THE testimony Of Mr.. Dewell, who had
known him for a quarter of century,
shows that the testator was a sharp, able.
business man. man of decided opinions,
from which he was not easily turned aside
But whatever presumption, If any. might
he raised by reason of Mr.. Bryan'S drafting
the will has been, in the opinion of the
court abundantly overcome by the evil
deEce.
"Mr. Bryan testies that the idea of a
beouest in his favor, SO far from being