The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-11-06
Bennett Will Case Is Decided
Against Him.
He Cannot Get the $4,000 Be-
queathed to Him.
ALL FOUND STRAIGHT.
The Whole Transaction De-
cIared to Be Proper.
Appeal to Higher Court May Sc
cure Reversal.

New Haven, Nov. 6-Judge Living
ston w. Cleveland of the probate court
handed down decision today in the
Philo S. Bennett will case holding that
the secret letter directing Mrs Bennett,
the widow, to pay William ]. Bryan
$4,000, was not part of the will. The
effect of this is to prevent Mr. Bryan
from obtaining the money mentioned in
the letter unless the present decision is
reversed by higher court, or unless he
should be. successful in legal proceed
ings against Mrs. Bennett, in the event
that the $4,000 should be paid under
clause Il of the WILL which reads as
follows:
Twelfth give and bequeath unto
my. wife, Grace Imogen Bennett, the
sum of fifty thousand dollars C$50, ,000)
in trust, however for the purposes set
forth in a sealed letter which will be
found with said Will
The text of the letter was made pub
lie at one of the hearings on the will
Mr. Bryan was not. present when the
decision was announced. but his attOr-
neys said he would Undoubtedly appeal
from Judge Cleveland's decision.
When Judge Cleaveland took his seat
on the bench an inquiry was made as
to Mr.. Bryan's whereabouts, and the
judge said he would adjourn court un-
til tomorrow so that the form of decree
could be announced in Mr. Bryans
presence. Attorneys for Mr.. Bryan said
that they were ready for the decree at
this time, but the judge thought an op-
portunity should be given for further
discussion of the case if desired He
then said:
Il find that the question of whether
the will was properly executed was not
raised. 1 find that it was properly exc
cuted and 1 find that the testator had
sufficient testamentary capacity.
b Il find that there was no undue infiu-
ence by Mr.. Bryan over Mr.. Bennett. 1t
was claimed that the sealed letter should
be Incorporated in the will. / find that
reference in the will was sufficient as TO
the sealed letter, yet the language in the
document is itself plainly indicated that
the will was executed before the letter
was written. There was in existence pe-
the sealed letter. That is considered in
support of the CONCEPTION that paper was
found with the viii I find that there
was no undue influence. but that the
sealed letter was not Incorporated in the
will"
Thezceurt further said that he expressed
no opinion as to whether the sealed letter
family can be Incorporated in the will.
1T 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 on IN. the
ton to the text of the decision
Afterwards Judge Cleaveland stated that
it was question whether the probate
court had a right to consider the execu-
ton of the sealed letter and it was also
a question whether the lawyers in the
case could frame question in rela-
ton to the matter as to bring it within
the province of the probate court to con-
Newton, Church & Hewitt, counsel for
Mr.. Bryan in this city, said in reply to a
question that although Mr.. Bryan had not
yet been informed of the decision, he
would l1ndoubtedIV decide to enter an ap-
peal from it.
The text of the decision includes about
$500 words. In it the court, after re-
viewing the evidence. says:
1.-The testimony of Mr. Dewitt, who
had known him for a quarter of a CEN
tury shows that the testatOr WAS d
sharp, able business man, man of de-
cided opinions from which he was not
easily turned aside. But whatever pre-
sumption. if any might be raised by
reason of Mr.. Bryan's drafting the WILL
has been, in the opinion of the court,
abundantly overcome by the evidence
Mr. Bryan testified 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: statement
in which the court has entire confidence
in view OF Mr. Bryan's frankness on the
witness stand and his evident desire to
fully disclose all his relations with the
teStato and all the circumstances sur
rounding the drafting of the will. it
must afSo. De remembered tnat lhe tes-
tator had ample opportunity. 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 for
get any of his heirs-at-law and made
ample provisions for the support of his
wife. Taking the total amount of the
specific legacies in connection with his
estimate of the residue as expressed in
the sealed letter, he evidently thought he
was giving his wife 100000 or more,
absolutely"
ccNATnp l0Nc INVITED