The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-08-13
BRYAN BEATEN
IN WILL CONTEST
Supreme Court Decides the
Bennett Case.
SEALED LETTER" REJECTED
Judgment Of the Lower Connecticut
Court Is Confirmed by Highex
Tribunal
SEALED LETTER" REJECTED

NEW HAVEN. Conn. Aug. 1S-The
supreme court Of errors hands down q
decision here sustaining the verdict or
the superior court Ia rejecting the evil
6ence OF the sealed letter" by which
William J. Bryan was to receive 5000
from the estate of Philo s. Bennett The
opinion is written by Chief Justice Tor
rance, and all the associate Judges con-
cur
Bennett was killed in an accident
August 9, 1903. November 8, 1913, the
probate court approved his will. but de-
clined to admit 20 probate a sealed let
ter referred " IN the will. Mr.. Bryan.
as an executor. and individually. ap-
pealed from the decision of the probate
court. and also instituted an action re-
Questing z construction of the VIII by
the superior court.
Simultaneously counsel for the tes-
tator's widow and other heirs appealed
from the decision Of the probate court in
admitting the VIII. alleging undue in
fiuence on the part OF Bryan
Judge eager, in the supreme court.
ruled that the sealed letter was dispos-
tive in character. and therefore came
within the statute governing wills.
codIciI or testameutary must be attested
By three Witnesses Judge eager also
ordered the Bennett appeal stricken
from the trial list
Incorporation by Reference
In the decision fled today Judge Tor
rance says:
In the present case for the
purposes OF the argument we shall as
sumo. without deciding that the doc
trine Of Incorporation by reference IN a
will prevails here Two Of the condi-
tons without the existence Of which
the English rule will not be applied
are conc1seiy, but. we think. correctly,
stated in Phelps VS.. Robbins, as fol-
lows:
e First, the paper must be In exist
ence al the time OF the execution of the
Will; and. secondly the description must
not be so vague as to be incapable Of
being applied TO any instrument in par
ticular. but must describe the instru-
ment intended in clear and definite
terms.'
Tested by the rules thus laid down
In numerous cases, the viii in the pres
ent case falls TO comply with the re-
CURED conditions under which incor-
poration by reference can take place
In the case OF wills.
In clause II of the will IN question
here large sum of money is given to
Mrs. Bennett in trust, however. for the
purposes set forth in a sealed letter
which will be found with the Will
Text Far From Explicit.
There is not In the language quoted
any clear, explicit. unambiguous refer
ence 10 any specific document as one
existing and known to the testator at
| the time his will was executed.
ANY sealed letter OF any number OF
them setting forth the purposes OF the
trust made by anybody at any time after
| the will was executed and found with
| the wiz would each fully and accurately
answer the reference, and II we assume
| that reference calls for q letter from the
| testator it Is answered by such q letter
or letters made at any time after the
/ Will was drawn
The reference is so vague as to be
| incapable OF being applied to any instru-
/ ment in particular as a document exist
| Ing at the time of the viii; the vice Ia
| that no particular paper Is referred to-
| Phelps VS.. Robbins, supra. page Z3.
| such a reference as is made in the
/ present will Is IN fact as well as IN
1 law no reference at all; certainly II Is
| not such a reference as the rules under
! the doctrine of incorporation by refer
| ence require in the case Of wills. : ref
| erence so defective as the one here in
| question cannot be helped out by what
| is called parole evidence: for TO allow
| such evidence to be used for such pur-
| pose would be practically TO nullify the
| wise provisions OF the law relating to
| the making and execution OF wills.
i I'VE know of no case, and IN the able
land helpful briefs filed IN this case have
| been referred 10 none where a reference
| Ike the one here has been held TO In
| corporate into the will some extrinsic
document"