The Savannah morning news., 1904-04-01
THAT $4,000
NOT FOR BRYAN
COURT WOULDN'T ALLOW 1T.
SEALED LETTER NOT HELD A
PART OF BENEFITS WILL.

Judge of the Superior Court at New
Haven Directed the Verdict-POint
Is n New One in COnnecticut-An
AnneaI Will Be Taken by Bryan
tn the Supreme COurt-He WOuld
Not Take the Money without the
widows Consent,
New Haven, Conn.,. March 31.-A
finding that the sealed letter by which
Philo S. Bennett expressed wish that
SEQ 900 should be given to William Jen-
nings Bryan and his family was not
a mart of the last will of Mr.. Bennett
was returned by the jury to-day in
the Superior Court in the trial of Mr..
Bryan's appeal from the decision of
the Probate Court.
This finding, which upholds the de-
cision of the Probate Court, was given
in accordance with instructions to the
Jury from Judge eager, who presided
at the Superior Court trial. Judge
Gager's ruling on question which has
never before come directly before the
courts of Connecticut, decided that the
sealed letter could not be admitted as
evidence in the trial
AS Mr. Bryan's appeal was based on
the exclusion of this letter as part
of the will in the Probate Court the
decision of Judge eager that it could
not be admitted as evidence practical
Iy concluded the proceedings in the
Superior Court and the jury was ac-
Cordingly directed to bring in verdict
AGAINST Mr. BRYAN.
An appeal will be taken to the Su-
preme Court by Mr.. Bryan's counsel
on the ground that the letter should
be admitted as a part of an establish
ed trust.
willing to Give Bond.
An interesting feature of the days
proceedings was statement which
Mr.. Bryan made in court that he was
willing to give bond that in no case
would the money mentioned in the
sealed letter go to himself or family
without Mrs. Benefits consent.
This statement was made in discuss
ing the question of trying the Bennett
appeal case. Mr.. Stoddard said that
undue influence is alleged in the Ben
nett appeal and if the sealed letter
were excluded from the will he might
advise the withdrawal of the Ben
nett appeal. Mr.. Bryan here said that
he would not insist upon this trial.
He continued: This is the only case
in which I feel a personal interest.
say now, as 1 said in the court below,
that no money will be used personally
by me without the consent of Mrs.
Bennett"
Il am willing to give bond" he
went on, that no member of my
family will receive one cent of that
$4,000 without the consent of Mrs,
Bennett" .-....
The Bennett appeal case was dis
missed.
Letter Not Attested.
Judge eager in his decision held that
the letter, while testamentary in char
acter, was not attested and witnessed
as required by law; that it was not de-
scribed in the will with sufficient GER
tainty, there being nothing to show
that it was the letter the testator had
in mind when he made the will. Quot
ing the directions upon the letter and
in the letter itself that the letter was
to be read only by Mrs. Bennett and
Mr.. Bryan, Judge eager says:
No language could be more conclu-
sive upon the question that Mr.. Ben
nett himself did not treat this letter
as a part of a technical will or as tes-
tamentary in a legal sense, but only as
letter of private instruction to Mrs.
Bennett