Middlebury register. (Middlebury, Vt.) 1886-1937, 1904-06-17
Addison County Court.


After the court had adjourned last
week Thursday out of respect for the
memory of the late clerk, Rufus VAIN
wright, Esq, the judges were summoned
back to the court room as the jury in the
case of George E. Rankin, receiver of
the Farmers National bank of YER
gennes VS.. Huldah DIN, had reached an
agreement. 1t will be remembered that
in this case the suit was brought by the
receiver of the broken bank to recover
an assessment of $1,000 levied by the
controller of the currency upon 10
shares of 1.-THE banks stock claimed by
the plaintiff to be owned by the defend
ant, Mrs. DIN; and that the defendant
denied such ownership. The verdict of
the jury was TO the effect that the de-
PENDANT was the owner of the stock in
question and therefore liable for the
assessment. The case will be carried up,
| f. L. Fish for the receiver; w. H. Bliss
and w. w. Rider for the defendant.
Business was resumed at o'clock
Friday morning and another case was
promptly got under way. This was
In re will of Adelia c. Pond. l.. Alison
Webster, appellant, Bion Wilson ct al,
contestants. This case came up from
the probate court on the appeal of the
proponents, that court having held the
instruments offered, in which l.. Alison
Webster was named as executor, not to
be the last will and testament of Adelia
G. Pond. The contestants, in whose
favor this decision ran, were three
nephews and niece of the deceased,
Bion Wilson, his two brothers and a
married sister, SO came the appeal.
Mrs. Pond and most of the other
parties to the suit were residents OF
Whiting and there she died, at 60 years
of age, on the 1st day of June 1904, after
an illness of about a week with pneu
monia. Less than As hours before hel
death Mrs. Pond executed a will il
which she devised all her personal prop
erty to Judge IA. H. Hubbard for hi
use during his life time, the remand
er to revert, share and share alike
to Judge Hubbard's three sons and
daughter, who is the wife of L. Allison
Webster. The relatives were thus al
left out in the cold but, as has been seen
successfully fought the probate of tn,
will in the court of original jurisdic
ton.
{ There are three common grounds 70
! the breaking of will-the absence o
: proper legal execution, the mental inca
pacity of the testator and the exercise o
undue influence by, or in behalf of tn
: beneficiaries All three of these ground
} entered into the contestants propose,
= plan of attack but they struck a snag
in the middle of the forenoon Saturda,
. in trying to get in evidence from tn
proponents witnesses on the question o
1 undue influence. The proponents ob
jected to the introduction of the evi
dence on the ground that there were n
pleadings in the case warranting it
T admission. The other side then move,
, to be allowed to file pleas thereupon an
4 this motion was, after lengthy discus
sion ON both sides. Overruled by tn
court. This placed the contestants in a
It undesirable position and they asked t
II have the case continued. This cours
= was finally taken, on terms as to the cor
testants which were to be announce
} later, Thomas w. Maloney of Rutlan
IS and w. II. Davis of Middlebury repre-
II sented the proponents and j. B. Done
: way of Nliddlebury and f. L. Fish c
:. Vergennes appeared for the contestants
!" Judge Hubbard, in whose interest in tn
g first instance the disputed will wa
e drawn, had lived at the home of tn
testatriX and had managed her affair
for about two years preceding her death
and it is a curious fact that no on
If knows much about the amount of proE
II erty involved or whether it is wort
fighting over or not, although the probf
= bilities are that it is. Neither is an
J. one likely to know before the fins
d adjudication of the matter by the SUI
q tanning of the will or the appointment {
an administrator.
II This case having been disposed of fC
er the term, States Attorney Donowa
is announced that he would call up I'll
10 criminal docket the following Wedne
day and that the case of State vs. Do
lie \. Bisbee would have the right of wa,
y The court then, at precisely noon, took
n recess to ? p. m. Monday.