Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1904-05-19
The Wullcr Case.

Whether or no there shall be a jury
trial in the matter of the will of the
late Daniel Wuller, was the question
argued before Judge Wilson of Clarion
county, in our Court room, beginning
Tuesday morning, and continuing
yesterday.
In stating the case Mr.. Brandon said:
I'm April, 1902, Daniel Wuller became
violently insane and an inquest being
appointed in his case his condition was
set forth and he was committed to the
Warren asylum for treatment. In De-
cember of that year, his condition nav
ing improved somewhat, he was re-
leased from the asylum and given IN
charge of his son, who had been appoint
ed committee in charge of his person
and property by the Court. An attend
ant from the hospital came to Butler
with Mr. Wuller at that time.
His mother brother and sisters took
charge of Mr. Wuller and refused to
let him have intercourse with his son
and committee and refused to let the
attendant remain with MIN. They kept
him at home and did not allow him to
90 to his store, then in charge of his
son. Though his leave of absence was
only for 80 days, yet he never returned
to the hospital
In March, 1903, there was trial to
test his sanity, in which his son, as
committee, necessarily appeared as de-
fendant At that trial it was shown
that he was in an advanced stage OF
paresis, the controversy before the jury
being mainly between the doctors and
SPECIALISTS who told of the nature of his
disease, from which it was held he was
suffering at that time, and the testl-
mony of his townspeople, who seeing
him from day to day, testified that he
was apparently sane. he at that time
being at his best, enjoying as he was
lucid interval.
1.-The verdict of the jury, that Daniel
Wu ler was sane man, we hold was
not borne out by facts in the case, as
all that was said by the medical men
regarding the nature of his disease has
since been borne out by the facts. In
| that case his son did not appear on the
stand against his father and the verdlct
was largely gained on the ground that
| Wuller had been dissipated man and
| that at that time he had so far recovered
| as to be able to manage his own prop
erty.
1.-Two weeks later he was given
| charge OF his business, DuI MS DiolHOi
was at his right hand and he never
fully took charge himself. In short
time he became Violent again and he
was removed by his brother and his at
torneys to a sanitarium in Ohio where
| he died in July of that year of paresls,
a disease he had all the time. lmme-.
diatly after the verdict he was induced
to make will disinheriting his child
rem and giving the property to his moth
er, brothers and sisters, who until the
time he became insane he had never
| counseled with at all. His property al
| that time included drug store valued
at 5000, business property on Main
street S45, 600, homestead $4,000, stocR
in boiler works at Marietta to the
| amount of 5000 and other property
amounting in all to the value OF $50 000
"The will was written by counsel
lor particular bitter against his chill
dren. was witnessed by his sister and
the counsellor and was written at the
home of his mother; it was kept by
them and offered for record after his
| death. j.
Our charge is Daniel Wuller suf
fered from insanity at the time the VIII
was written, though he was enjoying a
remission, and that it was obtained by
undue influence of those interested as
benefactOrs.