The Newtown bee., 1906-02-09
Ten Pages.
TOWN TOPICS. TIE EMILY NORTHROP HEARING. CONTINUED, MONDAY, IN THE PROBATE COURT BEFORE JUDGE BEECHER.

COURT BEFORE JUDGE BEECHER.
 The arguments in the hearing that Court for some time on the admission l of the will of Emily A. Northrop to probate, were heard at the Brick buiid- ing on Monday, and consumed the en- | tire day, beginning at Il o'clock Judge De Forest first spoke, taking about three and one-half hours to dis sect the evidence (which consisted of several hundred pages of typewriter matter). He first took up the evidence of Mrs Lillian Dibble. Next in order came that of Mrs George Beers.
 Mrs Northrop knew who her rela- tives were, according to Mrs Dibble's testimony. Did it occur to Mrs Dib- ole that she was incapable of making win when she had these three con versations with Mrs Northrop relative to making a will? By her very acts she is stopped from saying that Mrs Northrop was incapable of making will.
 Taking the evidence of Dr Bronson, ne was not asked whether she was in- capable of making will. He present. ,ng her last sickness and does not say that she was incapable of making a will. Nor was he asked, and the >ilence on this point is just as good as if he said she was perfectly competent.
 Mrs Grace Beers does not say, how ever much she may be interested, that Aunt Emily was not capable Of making d will. She will go no further than to say that she thought Mrs Northrop unable to write will without assist ance. The whole of the services ot l Hv. nf1,h1o rA Mrc Roorc Woro ron. dered with the expectation that she would make will. The ladies com pl in that she didn't make another will, and now ask that the will she did make be not accepted. Mrs Beers talked in 1901 about a will with Mrs Northrop and at this time Mrs Beers testified that she thought her perfect ly capable of making will. Judge De Forest here quoted at considerable ; length the testimony of Mrs Beers, giving instances where Mrs NorthrOE had Mrs Beers do certain things fol her, such as engaging nurses, etc, anc claiped that in no instances did Mr' NOrthrop show but what she knew what she wanted). We might safely leave the case where it is from thu testimony of Mrs Dibble aud MT Beers.
 Mrs Dr Benedict was brought upol the stand and asked if she (the doctor thought Aunt Emily was capable o was unable to collect her thoughts Dr Benedict saw her seven years pre- vious, when she was in Bridgeport u attend to some business at the banks where she transacted her business, ant afterwards went to Dr Benedict house without any assistance. At thi time Mrs Northrop said she was no feeling very we'll and Dr Benedict pre- scribed medicine of which two bottle effected a cure, the complaint bein nervOuSnesS.
 MT Kindle thought she might mak "a will, but she was a hard woman L understand, but the evidence show . that she was very capable woman. V Charles Beers did not have an opir ion in the matter except to say some thing about the spiritualism in whicl Aunt Emily is said to have been inter eSted.
 Eli Beers did not have any especis remembrance but few pinches Q snuff. but he thought her mind woul wander on the occasions when h talked with her.
 Harlow Benedict had testified tha he hardly thought she was able t make will, and cited an instance ( Strangeness when she called him il and read to him the familiar quota tion from St Paul, 70 death where l- thy sting! O grave where is thy vi. 7, tory!" do not think that this wa any indication of insanity to quot
 from this we'll loved chapter.
 Mrs Annette Dibble's testimon showed that Aunt Emily was perfec
 ly capable of making a will, and sh - had not thought otherwise.
 We might take the testimony of tn contestants and go no further with th - case and rest there.
 The witnesses of the will are tn ones whose testimony will have tn
 most weight. She brought the Ol
 will to Brother NorthrOp and he mao a memorandum Of the changes she d.
 sired and an appointment to com
 later to complete the document. Ht
 actions showed she knew what she WE doing.
 MT Lyon was at her house at th
 time the will was executed and he h;
 testified that he had done variOl
 things for her day after day, and says there was nothing whatever
 suggest any iosseeOf testameEtary capa - ity. She spoke to him at various tim' H of her relatives and there was nothir - to show she did not know who the
 were.
 MT Stillson's testimony shows tn,
 at the time of his visit in 1905 she wi
 perfectly competent to do business.
 The testimony of Eugene BOtsfor ,e who transacted business with M ve NOrthrOp at various times, shows tn; 'e she was perfectly intelligent at th