The Savannah morning news., 1903-11-07
GOES AGAINST BRYAN
Viz CANNOT GET $4,000 FROM BEN
NETTS ESTATE
UNLESS A HIGHER COURT
RENDERS DECISION DIFFERENT
FROM PROBATE JUDGES.

Sscret Letter to the Widow of Benz
mott Not IA Part of the WilI-Au-
charities Against It's Being So Re-
garded-COurt Believes That the
Heouest Was Not Suggested by
nryan, But Was, on the Contrary,
II surprise to Him.
New Haven. Conn, Nov. 6.-Judge
Livingston w. Cleaveland of the Pro-
hate Court handed down a decision to-
dav in the Philo S. Bennett will case,
holding that the secret letter directing
Mrs. Bennett, the widow, to pay Will
liam ]. Bryan $4,000 was not part of
the will.
fine effect of this is to prevent Mr..
BRYAN from obtaining the money men
toned in the letter unless the present
decision is reversed by a higher court,
or unless he should be successful in
legal proceedings against Mrs. Bennett
in the event that the $50, 900 should be
paid under clause II of the WILL which
reads as follows:
Twelfth. 1 give and bequeath unto
nv wife, Grace Imogene Bennett, the
sum of fifty thousand dollars ($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 appeal from Judge
Cleaveland's decision.
The Courts Decision.
In the decision the court, after re-
viewing the evidence, says:
The testimony of Mr.. Dewell, who
had known him for a quarter of a
century, shows that the testator was
a sharp, able business man, a man of
decided opinions from which he was
not easily turned aside. But what
ever presumption, if any, might be
raised by reason of Mr.. Bryan draft
ing the will has been, in the opinion
of the court, abundantly overcome by
the evidence. Mr.. Bryan testifies 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; a statement in which the
Measured by Mr.. Benefits devotion
TO Mr.. Bryan and to the principles for
which both had commended, the bequest
of $4,000 to the organs, to take effect
after the testator's death, does not seem
more unusual 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
twelfth CLAUSE nf fhn will ho Lot
ter therein referred to was procured
by undue influence. The other ques-
ton to be considered is whether the
letter contained in a sealed envelope
and referred to in the twelfth clause of
the will was so incorporated by refer
ence as to be made a part of the will.
Not II Part of the Will.
1.-THE authorities. agree that the paper
referred to must in fact be in existence
at the time of the execution of the
will.
Was the letter in the sealed en-
velope in existence at the time of exc
answered by the first sentence of the
letter itself. 1t reads: In my will
just executed, I have bequeathed to
you etc"
The judge cites legal authority in
support Of the contention that the let
ter cannot be regarded as part of
the will and goes on: "In view of
the plain recital in the letter itself,
1t is difficult to see how, without an
utter disregard of the authorities, this
letter can be incorporated into the
Will, and this court therefore finds that
the sealed letter cannot be admitted
to provate as q part of the will"
The court further said that he ex-
pressed no opinion as to whether the
sealed letter can be incorporated in
the Will.