The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-28
A CURIOUS WILL CASE.


The will case with which William Jen-
nings Bryan is prominently connected pre-
sents some features which may raise the
question Of professional conduct among
lawyers and others which Will strike lay
men as curious. Briefly the facts are these:
Haven, Conn, became so infatuated with
Mr. Bryan in 1900 that he went to Lincoln
to have the latter draw up his will. This
was done at Mr. Bryan's house by himself
and his wife, who is also a lawyer and a
typewriter. The will drawn I'D by Mr..
self. After it was executed the testator
wrote letter to his wife. under date of
May p, 1900, in New Haven, in which, after
saying that he had left her $1,000 and GER
tain real estate, he continued:
In my will. you will find. the following
provisions:
II give and bequeath unto my wife, Grace
lmogene Bennett $4,000 in trust, however.
for the purpose set forth in sealed letter
which will be found with this will. 1t is
my desire that the $4,000 conveyed to you
In trust by this provision shall be by you
paid to William Jennings Bryan. of Lin
coin. Neb. or to his heirs If / survive him."
1 am earnestly devoted to the political
principles which Mr.. Bryan advocates and
believe the welfare of the Nation depends
upon the triumph Of those principles. AS
am not SO able as he to defend those prin-
ciples with tongue and pen and as his polit
lcal work prevents the application of his
slider it duty, as I find II a pleasure to
make this provision for his financial aid,
so that he may be more free to devote him.
self TO his chosen field of labor.
III hn ic Mill live 70 70
ceive this sum for himself 1t is my will that
he shall distribute the said $4,000 according
70 his Judgment among educational and
charitable institutions.
have sent a duplicate of this letter to
Mr.. Bryan and it is my desire that no one
excepting you and Mr.. Bryan himself shall
reason I will place letter in sealed en-
velope and direct that it shall be opened
only by you and read by you alone.
This letter and the one addressed to Mr..
Bryan on the same subject were both
drafted by him, but they differed in one
respect: The one addressed to Mrs. Bennett
said that $4,000 had been left to her in
trust for Mr.. Bryan, while the one adj
dressed to Mr.. Bryan said that $4,000 had
been left to him and $4,000 to his wife and
family In the examination preceding the
probating OF the will, which has not yet
been admitted to probate. Mr.. Bryan tes-
tilted that no one was present when the
will was drawn except the testator and
himself and wife, and that the latter did
the typewriting on the will and both of the
letters, which were not to be opened until
after the testator's death. Thus Mr. and
Mrs. Bryan knew the contents of the will
and Of both letters in May 1900, while Mrs.
Bennett knew nothing of either until after
her husbands death few weeks ago.
Probably the first impression of most
lawyers will be that II was unprofessional
for Mr.. Bryan to draw up a will and in
it bequeath himself $4,000. Mr.. Bennett was
a political admirer of his but not an old
or intimate friend. His right to dispose Of
his estate as he pleased, barring undue in
fiuence, Is unquestioned. but under the cir
cumstances it would have looked better if
the will bequeathing $4,000 to Mr.. Bryan
had been drawn UP by some other lawyer
than himself, or, at least If some other
person had been present at the transaction
besides the testator and Mr.. Bryan and his
wife. There are many lawyers too scrupu-
lousy careful Of their professional honor
to do such thing.
Persons outside of the legal profession
will be more interested in wondering what
motive could have induced wealthy man
of New Haven, Conn, to go to Lincoln,
Neb.. to have Mr.. Bryan draw his will. 1t
does not require great legal ability to draw
up will, and there are many lawyers in
New Haven quite equal to the task. If not
there they could have been found much
nearer than at Lincoln Besides, Mr.. Bryan
has not national reputation as lawyer
So the mystery grows why Mr.. Bennett
should have gone so far for a lawyer to
draw his will. In his letter to his wife,
drafted by Mr.. Bryan, he says, II am
earnestly devoted to the political principles
which Mr.. Bryan advocates and believe the
welfare of the Nation depends upon the tri-
umph of those principles" Other parts of
the letter to Mrs. Bennett, drafted by Mr..
Bryan, show that Mr.. Bennett was COM
pletely captivated by Mr.. Bryan's ability
to promote certain principles. Perhaps this
was a case of true political devotion and
perhaps 1t was a sort of hypnotism. Lay
men will wonder which. Some of the Ben
nett heirs take the latter view and say
that Mr.. Bryan's influence over Mr.. Ben
nett caused an idolatry inconsistent with
reason. If so it is a pity he could not have
lived long enough to get over 1t. Many
persons will think 1t was a fortunate thing
that a lawyer with Mr.. Bryan's ideas OF
dent of the United States.