The Providence news. (Providence [R.I.]) 1891-1906, 1905-10-19
H0x|E WILL
CASE UP
IN COURT

Judge Baker in the superior court yes
terday at Washington county with a
jury heard the probate appeal Of Hannah
T. Joslin ct al. VS.. Nathan r.. Lewis ct
al. This appeal was brought 10 set aside
the instrument approved by the probate
court OF South Kingston as the last will
and testament Of Mrs. Amanda b. Hoxie.
Mrs. Hoxie left n considerable amount
OF personal property. The contestants
number about ten relatives. Judge N. b..
Lewis is executor Of the will offered. The
Waite's Corner Baptist church. Rev. Mr..
Dawley and the Society for the Prevention
OF Cruelty to Animals are. besides rela-
tives, benefciaries under the will.
Clarence A. Aldrich represented the
executor and A. r. Crafts represented the
contestants. The execution OF the will
was formally proved. II early became
evident that Mrs. Hoxie gave the subject
OF wills a good deal Of attention and was
80 years Old when she signed the disputed
instrument.
Judge Lewis testified that he wrote
the will OF the request OF the testatrix.
signed II in the presence Of other wit
nesses. thought her of sound and dis
posing mind, said the will was drawn in
1901. that he had drawn. so far as he
could recollect. two wills and a codicil.
One OF the Wills was destroyed by Mrs.
Hoxie in his presence. one Of the Wills,
Mrs. Hoxie said. was lost. The witness
said that he was sent for by Mrs. Hoxie
to write the will in controversy When
he reached the house he found Mrs.
Hoxie and a Mrs. Sarah Peckham, who
was assisting the testatrtx in her house
hold affairs. Subsequently Mr.. and Mrs.
l. II Taeft rxf,.,I ..l H. A. -
Lewis. Witness said while he was writ
ing the will Mrs. Hoxie was in the room.
and conversed occasionally on the will.
which was being written chiefly from
memoranda. After the will was written
Judge Lewis read II 10 Mrs. Hoxie, and
in the presence of Mrs. Lewis. Mrs. Peck
ham was in and out OF the room during
It's reading. The witness said tina during
the latter part Of Mrs. Hoxie's life her
mind did not appear TO be as strong as
formerly. Mrs. Hoxie was so. years old
when she made her will. and she died
about four years later. The witnesses
TO the will were II. u. Sheldon. Mrs. Y.
II. Lewis. Nathan b. Lewis and Sarah
Peckham.
After the examination 81 all the wit
nesses to the signature of the will except
Mrs. Sarah Peckham, who, being criti-
cally III. sent her deposition In the Hoxie
VIII case, the Will was read. II was n
long document. containing n number OF
requests. To her sister. nieces and nephews
and other relatives in sums ranging from
$500 TO $50. To the Six Principle Rap
list church at Waite's corner. South
Kingstown. $500; TO the Rev. Mr.. Dawley.
its pastor. 5000. and 10 the Rhode Island
Society for the Prevention OF Cruelty 10
Animals. 800. The three residuary lega-
tees are r. II. Tent. his vsie. and Thomas
Tefft. TO share equally.
Mr.. Crafts. counsel for the contestants,
opened his case by reading the grounds
for appeal against the probate OF the
will Of Amanda r. Hoxie by the proha te
court Of South Kingstown; First. that
the testatrix was OF unsound mind to such
an extent as 10 be incapable Of appre-
ciating the amount Of property she had
or 10 whom she should devise II. and that
AZ times she was unable 90 recognize her
relatives and intimate friends. and that
in the making Of this purported will she
had been unduly influenced by r. II. Tcmt.
his wife. s. F. TcTt. and Thomas Tent.
the residuary ~legatee. that the bond given
by the executor, ~. II. Lewis. was in
sufficient. and that there were other in
formalities.
The trial was continued today.