Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-10-15
Is vALUEDAT Sl,OOO,O0
ESTATE LEFT By THE LATE MRS.
ELLEN n. COTTON.
Testimony Being Taken Before United
Stat,s Commissioner in Con-
tested VIII Case.

Testimony tending to show that Mrs.
Ellen NJ Cotton was of unsound mind when
she made her will. December 5, 1904, dis
posing of an estate estimated at 81. 600 600,
and. 1t Is claimed. practically disinheriting
her great-granddaughter, Helene Marquee
rite Beatrice Sachet. plaintiff in the contest
over the will. was heard today by Justice
OF the Peace Charles g. Bundy. special COM
missioner, acting under the authority OF
the superior court Of Santa Cruz county.
Cal The principal witness for the plaintiff
at the hearing this morning was Miss
Sarah M. Cox. trained nurse, who attend
ed Mrs. Cotton for seven. weeks during her
last illness. Miss Cox was closely cross
examined by counsel for the defense.
|, In her direct examination the witness
stated that Mrs. Cotton, from the earlier
part OF her illness. had shown positive
signs Of mental debility. There were occa-
fered from delirium and Authorizations. As
examples the witness explained that once
Mrs. Cotton had insisted that 1t was night
when IT was day. while at another time
she mad declared thao she had been left
alone during the night, although she had
been frequently attended. Miss Cox also
asserted that Mrs. Cotton had made child
ish remarks concerning her daughter, Mrs.
Martin, and had appeated suspicious about
the conduct Of other members OF the fam
lily.
Parliamentary Ability.
Tho witness had been engaged to attend
Mrs. Cotton November q, 1904 and
throughout the period Of her service had
been in the sick room more or less con-
stantIy. She said she did not believe that
Mrs. Cotton possessed testamentary abil-
ity at any time afte> her acute attack
while she was under the Observation OF the
witness. -..
Hiss Cox declared that she knew nothing
of the framing and signing of the will. She
added, however. that she recalled an occa-
sion when there was a gathering Of several
stood that document of some sort had
been executed. She testified that she
thought that Mrs. Martin, Mr.. Waiter J.
Bartnett, the executor named In the will;
Mr.. John B. Dahlgren and few others
were in the room at the time.
The witness. being asked to describe the
relations between Mrs. Cotton and members
of the family and frequent visitors stated
that the patient had apparently been much
under the influence Of her daughter. Mrs.
Martin, and had seemed to place much con-
fdence in the business ability Of Mr.. Bart
nett, who, Miss Cox thought, was managing
Mrs. Colton's affairs. Miss Cox stated that
Mr.. Dahlgren and Mr. Bartnett were fire.
quent visitors at the home and were on
terms of familiarity with the members Of
the family. She said that the family had
nicknames for both. the former being
known as Sunny jim and the latter
Papa Walter This statement was re-
sponsible for the sole merriment exhibited
at the hearing.
Mental Capacity to Transact Bust
Under cross-examnation Miss Cox said
she thought that Mrs. Cotton probably had
sufficient mental capacity to transact BUSH
Of tho chs W +
ness. however, reiterated her belief that the
mind Of the patient was deeply clouded by
age and disease. When pressed for specific
instances, the witness said she was unable
to recall definitely any markedly irrational
statements made by the patient concerning
certain persons. But she added that she
was positive that such had been made She
did not believe that Mrs. Cotton at the time
of the date Of the will was in such con-
dition that she had mental grasp OF the
extent and character of her possessions
Thomas B. Huyck, a real estate dealer,
who had been examined for the defense,
was called for the plaintiff after the ex-
animation Of Miss Cox had been concluded.
Mr.. Huyck said he thought that the prem
ises 1917 Connecticut avenue. the late home
Of Mrs. Cotton, where her death occurred,
is worth about 100000. The figures given,
he explained were approximate, as he said
he was not thoroughly familiar with the
property.
Suffering From Senile Debility.
DR.. H. T. Sewers who attended Mrs Col
ten In her last illness, has also testified
for the plaintiff. His evidence was to the
effect that the patient was suffering from
senile debility and complication of bodily
affections.
Judge Charles NJ. Slack Of San Fran
cisco and Attorney Conrad H. Syme of
this city are representing the defendants
at the hearing. while the interests of the
pIaiptiff are in the hands of Attorneys Jo-
seph D. Redding OF New York and ]. F.
Riley of San Francisco. Mr.. Seigfried
Sacher of Paris. father of the youthful
plaintiff, who brings the suit on behalf OF
his daughter. was an interested auditor at
the hearing While Mrs. Dahlgren Is not
mentioned by her present name in the list
of defendants heretofore given In The Star.
she Is described in that capacity as Caro-
line Cotton Martin, her former name.