Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1905-10-30
scATHlNG REFERENCES TO PRO-
PoNENT OF sCHANDEIN WILL.
UNDUE INFL UENCECHARGED
Attorney for Contestants DeVotes
Much Time to Legal Citations on
This Subject-Crowd Still in At
tendance at Celebrated Contest
Over Rich Estate.
Milwaukee, Oct, 27.-"This para

Milwaukee, Oct 27.-"This para
site"
''rhis bookkeeper who never could
earn more than 800 month"
"This magnificent business man,
who, after three years at princely
salary, without charge for his living
expenses and with rich perquisites in
addition, found himself in debt to the
amount of more than $4,000"
These are a few of the expressions
used in referring to Jacob HeyI by
Attorney Charles S. Fawsett in his
opening argument in the Schandein
will contest in the probate court. The.
first part of Mr.. Fawsett's argument
was confined to a consideration of
the legal aspect of many authorities
on the subject of undue influence.
But when he began to analyze the
testimony he warmed up to his sub
ject, and his references to the propo-
nent of the will were scathing.
Through all of the argument, Mr.
Heyt sat, apparently as unmoved as
at any time through the five weeks
Of the trial, occasionally making a
brief note, or calling the attention of
his attorneys to some point in the
argument of the opposing attorney.
The denunciations of his methods to-
ward Mrs. Schandein and her bust
ness affairs, elected not a trace of
emotion. He was imperturable
through it all.
When the probate court opened for
the last scenes of the famous will
contest yesterday morning, the usu-
al crowd was in attendance, but it
was a noticeable fact that among the
spectators was but one woman. She
left a short time after the arguments
commenced. The audience was a
shifting one all the forenoon, the
listeners apparently wearying of dry
legal citations after brief time, and
giving place to others.
Within the rail, Mrs. Emil Schan-
dein, DR.. and Mrs. Louis H. Frank
and Mrs Elsie Bischoff, formerly
Miss Elsie Meyer, daughter of Mr.
Schandein's half sister, occupied
seats and gave attention to the argu-
ment of Mr.. Fawsett. Mrs. Heyl
was not present.
Nature of Undue Influence.
Undue influence may exist and be
exerted in an infinite variety of
ways" said Mr. Fawsett 'In it's
nature and essential character, in
most cases, it is subtle and insfdious
and brought about by gradual APP
proaches, until it reaches the final
point of mastery over the mind of the
testator. 1t may exist, either with
or without the knowledge of the tes-
tator
whenever the testator appears to
be in a state of subsection to the will
of another and there is shown to be a
studied design on the part of the
other to obtain such a mastery, it
makes no difference whether the
testator knows he is under the influ
ence or not.
81 do not care at this time to go
into the question of influence gained
by immoral relations, but later |
shall show your honor that that sort
of influence, when used for the pur
pose of controlling the will, is undue
influence.
"The admitted fact of the confden
tial relations which existed between
the testatOr and the propOnent OF
this will, and the admitted fact that
the will was executed during the con-
tinuance of these relations, is the
central point around which our case
involves. At the time the will was
executed, Jacob Heyl was unquestiOn
ably exerting undue influence in re-
gard to numerous other transactions
over this woman"