The Newtown bee., 1906-03-23


 C1sION IN THE PROBATE COURT
 Judge of Probate William J. Beech CT has handed down his decision in the case of the contestants of the will of Mrs Emily NOrthrOp, sustaining the will. The case has attracted quite a considerable attention and aroused no little interest. The admission of the will was contested by Mrs Grace E. B. Beers and Mrs Lillian Dibble, grand nieces of the deceased. Quoting from Judge Beecher's decision:
 ''lt appears from the evidence that Mrs NOrthrop was at the time about IT years of age; that she was and had been widow for about g years; that she was possessed of considerable $l5, 900 or $l6, 900; that she had made prior will dated May l9, 1887; that her property was of mixed character, consisting of deposits in savings banks, personal notes, notes secured by mOrG- gageS, and other property; that during her widOwhOod she transacted all of the business incident and necessary to d proper care and management of said property, alone, except in a. few isOla- ted cases when others did it for her acting under her directions, such as endorsing interest payments on notes; that she made her own purchases; that she made contracts with divers persons which were never questioned; that she signed and executed impor- tant papers, such as deeds, one of them being dated August 4, 1897, three months and IS days before the paper writing in question was execu- ted, also one bearing date March 6, 1905; that these deeds were witnessed by persons who knew her. and in some cases were acknowledged by people who had known her for long time; that she, by her agent to whom she gave instructions and carried on a correspondence with for long period of time, managed property in another state in which she had life interest; that she met and received people as others would do in like circumstances, and was by them received and treated as they would treat another whom they recognized as rational, sensible and tntelligent; that she with rela- tiveS attended theaterS, weddings, Thanksgiving and birthday parties; that she travelled upon trains alone, and that on all occasions she acted rational and sensible
 From these facts it would appear that she not only was up to the stan- dard required by law to make valid will but was able to do business gen. erally, which requires much high CT degree of mental capacity than however, blythe contestants, that be- cause of other facts proved the fore going facts do not justify a finding that she was capable of-making valid will"
 On the question of Mrs Northrop's belief in spiritualism, and to the will being unreasonable, Judge Beecher says:
 "Relative to her belief in spiritual ism, it seems that the law is so that one may believe in it and Stin be able to make valid will; furthermore, l counsel for contestants do that a believer in SpirituaiiSm cannot make valid will. Anyhow, standing alone, this amounts to nothing.
 As to the will being unjust and un- | ill it's terms, l find that in l view of the fact that the contestants, if they have valid claim against the l estate, have their remedy, and that | they are not the only relatives of equal l degree who are not remembered in the l will. It is not unjust and unreas on- | able, but even though it were, this | would only be a circumstance which, standing alone, would not prove men. l Jal incapacity.
 Relative to the claim that the con- 5esGants were favorite grand-nieces of | lerS, find that from all the evidence 1 ,hat this might be true of Mrs Beers, put l should further find that there vas evidence to the effect that she vas on friendly terms with all of her elativeS.
 Relative to the question that the contestants were by her promised heir mothers share of her estate be- ore the will in question was made, md that after the will was made she aid she had left the Blakeman chll- |ren their mothers share, 1 find that ,efore the will was made she did prom SC that the Blakeman children, would lave their mothers share in her eS- ate; but tbere was apparently, judg ng from the circumstances under which the draft of the will in question vas made by Mrs Dibble, some good