The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-11-08
IN DEFEAT A VICTOR
Decision Against Bryan in
Bennett will Case. Moral
Triumph.
(By the Associated Press.l

New Haven. Conn, Nov. 6.-Judge Lv-
ingston W. Cleaveland of the Probate
court, handed down a decision today in the
Phio S. Bennett Will case holding that
the secret letter directing Mrs. Bennett.
the widow, to pay William J. Bryan.
$50, 600, 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 re-
versed by a higher court. or unless lie
should be successful in legal proceedings
against Mrs. Bennett. in the event that
the 900 should be paid under clause ~
of the will which read as follows:
Twelfth, l give and bequeath unto my
wife, Grace Imogene Bennett the sum of
$50 600 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 public
at one OF the hearings on the will Mr..
Bryan was not present when the decision
was announced. out his attorneys said he
would appeal from Judge Cleaveland's de-
cision.
In the decision the court. after review
ing the evidence. says:
"The testimony of Mr. Dewell. who had
known him for a quarter of a century,
shows that the testator was sharp, able
business man. man of decided opinions
from which he was not easily turned
aside. But whatever presumption, if any,
might be raised by reason of Mr. Bryans
drafting the will has been, in the opinion
of the court. abundantly overcome by the
evidence. Mr.. Bryan testifies that the
idea Of bequest in his favor. so far from
being suggested by him or Mrs. Bryan,
was a complete surprise to both. state
ment in which the court has entire con-
fidence.
Measured by Mr. Benefits devotion to
Mr.. Bryan and to the principles for which
both had contended, the bequest of $780,
coo to the Bryans to take effect after the
testator's death. does not seem more I'M
usual than the gift OF $4,000 offered to Mr..
Bryan while they were comparative
strangers and actually paid during Mr..
Benefits life.
"This court finds that neither the 18th
clause of the will nor the letter therein
referred to. was procured by undue in
fluence.
''The other question to be considered is
whether the letter contained in a sealed
envelope, and referred to in the 18th
clause of the will. was so incorporated
by reference as to be made a part of the
will The authorities agree that the pa
per referred to must in fact be in evidence
at the time of the execution of the Will.
"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
The judge cites legal authority in sup
port of his contention that the letter can
not be regarded as a part OF the Will
and goes on:
"In view of the plain recital in the
letter itself. it is difficult to see how,
without an utter disregard of the authorI-
ties this letter can be incorporated into
the will. and the court therefore finds
that the sealed letter cannot be admitted
to probate as q part of the will.
The court further said that he ex-
pressed no opinion as to whether the seal
ed letter can be incorporated in the will
New Haven, Conn, Nov. civilian J.
Bryan reached this city today and after
reading Judge Cleaveland's decision made
statement which says:
'"The decision of Judge Cleaveland is in
nv favor on all the moral questions raised
by the heirs, and against me on the
technical law points only. The judge
finds that no undue influence was exer-
cised on Mr. Bennett, and that no injustice
was done to the relatives.
'I am much better pleased with the de-
cision than / would have been if the court
had decided for me on the legal point and
against me on the moral questions in
volved. His decision on the question OF
undue influence is full, emphatic and all
that could be desired. 1t is complete
answer to all the insinuations of the I'M
friendly papers"