The sun., 1903-11-07
BRYAN LOSES WILL FIGHT.
BENEFITS S5O,OOO SEALED LETT
TER THROWN OLT.
Bryan Says He WIN Take the Case to
Higher Court-PrObate Judge Finds
That the Nebraskan Used No Undue
influence in Procuring the Request.

NEW HAVEN. Conn, Nov. Civilian d.
Bryan arrived in town this evening from
Nebraska eight hours after Judge LlVlhg-
ston w Cleaveland of the New haven
Probate Court had decided to admit the
will Of philo S. Bennett to probate ana
had ruled out of court the sealed letter
by which Mr.. Bryan was to receive SoO'ooo'
Ma Bryan said tonight that he would
carry the case 10 d higher court and 'hat
he was well pleased with the decision
He gave out this statement;
The decision Is in my favor on all the moral
questions raised by the heirs and agalms.
me on the technical law points only. Inc
Judge finds that no undue influence was
exerted on Mr.. Bennett and that no injustice
was done to the rela,ves r he Hepnet hetd7 camot @
be probated with the will. oIt ne ehPrtsSsdy Sa
disclaims any intention TO decide whether M
held operative as establishing trust ne ne
says THAI the construction Of the VIII IS not
in question at the time OF the probate
The Court. in effect, declares that the be-
quest would have been good II IT had peen
made direct. as Mr. Bennett suggested but
that under the decision, the letter cannot be
probated in the absence OF proper PROOF
showing that it was actually in existence Al
the moment when the will was executed;
IL the bequest fails 1t will not be the iault
OF Mr.. Bennett. but my fault and this pom I
will be determined by the higher court, al
though my attorneys have IN not t., YET aef'oeu
As to the question of undue lnauenoe
Judge Cleaveland decided;
The testimony of Mr.. Dewen, who had
Known him tor quarter 3i cea,IH.f ahIn hsn"ss
that the testatoI Mas snarp sgiG from WIFI
lie was not easily turned aside B'lt WhN ,
ever presumption, If any. might De fHdS1E' ri
has been in the opinion of the Court abuh-
dantly overcome by the evidence
MIR, Bryan tcstities that The .dea & OF s,,e- ne-
eested by him or Mrs. BRYAN, vas SOB, G0hi,
plete surprise to both; statement IN ~hlch
the Court has entirc conH"nts; ;tns IN NeM syand U
and his evident desire to fully disclose az
his relations with the ,testator ana az tne
circumstances surrounding the draftng, OF
the will 1t must also be remenbered tnat
the testator had ample opportunity to chang
his will at any time during tne laat Em ee
" Mr.. M Bennett did not in his will forget any
Of his hetysstlaw and made 2nple pT0y'stS4a t4a
necon Wth hs estmss Of ts the rGsdqs
thought be ,wes giving his wife 500 'oOoi or
more absolutely. out of an estate MmGn
ss oS he EyaHs nSnsh were GSH no oy
leEatees outside of the widow and his heIrs-
at-law but the testator, besides making up up.
bavs received nothing but for the will ,,
Measured by Mr.. Bennett's devotlon 20 MI,
had oontended, the bequest OF $4,000 TO the
Bryans. to take effect after the tesiat2Sr's
death does not seem Tore re- uPIsan R4san whe
paid duuing Mr.. Benefits life. ,..,
This court finds that neither the tWel.a
to. was procured by undue influence
Afte. announcing his decision Judge
Cleavelano made the following statement
to The crowded court room
As to tho question whether the, will was
properly executed there was no claim that
fAa And sfssGF ssss he Esd suesn
hs claim was made that the 80 called d,a sealed Lea
IstSeE tasss not p 81 Ps1ae2rsisaa ad p'S Ss %
ever The law of tkis State may Be as 70 The
Into the viii, by reference sT whether tie tie
reference in the will was sufflcient. tnhtlhe
letter was not in existence when the VIII was
drawn: at least, that the language OF the docu-
ment plainly indicated that the will was exc
cuted before the letter was written.
The claim OF counsel for the proponents
was that even II the letter was not ~ eNlstehce
until after the drafting of the Will. II ought 10
be considered, as to support the contention
that the paper was part of the will
find that the tgpewritten paper was not
designed to be a part OF the viii. ana was
Sloan & Co. whereas the will and sealed let
tiers were in the safe of the Merchants De-
I And, therefore, that there was no undue
influence md that the Court expresses no
opinion as to what effect the contents of the
sealed letter may have on the Will, at some
future time nay ae rssq th$I at ,s TGe TSt
the disposition OF the trust named in the
twelfth clause of the will. But as 10 this, no
af,,fn ta irtar lnI nrl z