The Providence news. (Providence [R.I.]) 1891-1906, 1903-10-23

New Haven. Conn. Oct. 23.-Previous
70 the resumption OF the hearing In the
probate court yesterday on the admis-
sion Of the will cf Philo g. Bennett by
which an estate Of about 10000 is dis
trfbuted. of which William ]. Bryan and
his family was 10 get more than $50 600
Mr.. Bryan. his counsel. former Judge
Henry q. Newton. and Mrs. Bennett 3
counsel Judge Henry Stoddsrd.. walked
out of the probate court hurriedly and
entered a private room nearby.
Everyone in the court room thought
there would be an amicable settlement Of
the case and that when they return 10
the court they would notify Judge l.. W.
Cleveland that all opposition 10 the ad-
mission OF the will 10 probate had been
withdrawn
In the private room Judge Stoddard.
on behalf of Mrs. Bennett. turned TO Mr.,
Bryan and said: II have a proposition
TO make to you, and II Is this: That you
resign at once as executor of this will.
IL you don't wa vial 60 ahead with this
case and contest II on the ground that
you used undue influence on Mr.. Bennett
when he was preparing that will"
Mr.. Bryan and his counsel were SUR
prised- Mr. Bryan was also indignant and
told Judge Stoddard that he would not re-
Sign. The conference Immediately ended
and the lawyers and Mr.. Bryan returned
10 the court room. IL was said that
Mrs Bennett's counsel wanted an execu-
Tor favorable 10 Mrs. Bennett. The widow
has not been in the city in two weeks
IL was apparent from the line. OF ex-
Hmlnatton yesterday OF Mr.. Bryan by
Judge Stoddard that the allegation will
Eventually be made that Mr.. Bryan used
undue influence on Mr.. Bennett when the
two OF them. In the presence Of Mrs.
Bryan, drew up the will the copy of
which was typewriter by Mrs. Bryan
At their lincoln home.
Mr.. Bryan appeared in court this morn
ing with counsel for the hrst time
At the close OF the hearing Wednesday
Mr. Bryan told the court that he would
not take a cent OF the $4,000 which Mr.
Bennett Instructed HIS widow 10 turn
over 20 him IN accordance with ins:ruc-
tions In sealed envelope. nor would he
allow any member OF his family 70 take a
cent OF II, IN IL was not agreeable 10 Mrs.
Bennett The first thing he did when he
went on the witness stand yesterday was
20 inform the court that acting on the
advice OF counsel he wished 20 amend
that statement Then he read the follow
ing prepared statement.
81 have been advised BY counsel that
under decisions Of this state there is some
question as 20 whether the law might not
DC ulHcTenl III case refuSeo 10 accept
the beduest myself and distribute N ac-
cording 10 the alternative construction.
snd In case 7 accept it and In view Of that
uncertainty. ! desire 20 make this state
ment az present. until further advised I'm
regard 70 the law, that ] will accept N
necessary 10 come within the law
With this understanding made IN court:
lhst II ] accept IL for myself N will not
oe used Tor myself either the $4,000 FOR
nyseif personally or for the family with
-. consent OF Mrs. Bennett: that IN
care Mrs Bennett does not consen, ~ ,,.iii
ontnouted by me In accordance with
s s,'uetons Of Mrs. Bennett. But. n
necessarY 70 come within the.eaw n will
~ usriou,eo a. a personal dlstribution.
me Only object being % avoid ralsins n
Question BY change IN the rnsnne, 80 ,,s
distribution" 'Vr Vi US
Tnen began the cross s-exarnine,io, ~,
MT Bryan, Judge stoddard LED hi,o
onrousn tnose times, besinning IN 100