The Newtown bee., 1906-02-02
CIRCULATION :
Ten Pages.
TOWN TOPICS.


 rnE EMILY NORTHROP HEARING. MONDAY, IN THE PROBATE
 COURT BEFORE JUDGE BEECHER.
 The arguments in the hearing that has held the attention of the Probate Court for some time on the admission of the will of Emily A. Northrop to probate, were heard at the Brick build- ing on Monday, and consumed the en- tire day, beginning at II 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 ble that she was incapable of making a will 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 a will.
 Taking the evidence of Dr Bronson, he was not asked whether she was in- capable of making will. He present. ed bills to her and attended her dur ing her last sickness and does not say that she was incapable of making a will. Nor was he asked, and the silence 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 a will. She will go no further than to unable to write will without assist ance. The whole of the services ot Mrs .Dibble and Mrs Beers were ren- dered with the expectation that sbe would make a 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 claimed that in no instances did Mrl Northrop show but what she knew what she wanted). We might safely leave the case where it is from tht testimony of Mrs Dibble aud Mr. Beers.
 Mrs Dr Benedict was brought upor the stand and asked if she (the doctor thought Aunt Emily was capable O.
 making a will. She said not if shs was unable to collect her thoughts pr Benedict saw her seven years pre- vious, when she was in Bridgeport tt attend to some business at the banks where she transacted her business, ,an( afterwards went to Dr Benedict! house without any assistance. At thii time Mrs Northrop said she was moi feeling very we'll and Dr Benedict pre- scribed medicine of which two bottles effected cure, the complaint being nervousness.
 MT Kindle thought she might make will, but she was hard woman t( understand, but the evidence shows that she was very capable woman. Charles Beers did not have an opin ion in the matter except to say some Aunt Emily is said to have been inter ested.
 Eli Beers did not have any especia remembrance but a few pinches ol snuff. but he thought her mind would
 wander on the occasions when he talked with her.
 Harlow Benedict had testified thai he hardly thought she was able tt make will, and cited an instance O. strangeness when she called him in and read to him the familiar quota tion from St Paul, 70 death where i! thy sting! O grave where is thy vic tory!" do not think that this wa. any indication of insanity to quote
 from this we'll loved chapter. Mrs Annette Dibble's testimony showed that Aunt Emily was perfect ly capable of making a will, and Sht had not thought otherwise. We might take the testimony of the contestants and go no further with the case and rest there.
 The witnesses of the will are the ones whose testimony will have the most weight. She brought the old will to Brother NOrthrOp and he made memorandum Of the changes she de sired and an appointment to come later to complete the document. Hel actions showed she knew what she wax doing.
 MT Lyon was at her house at the time the will was executed and he ha. testified that he had done variou! things for her day after day, and he says there was nothing whatever tt suggest any lOss!!of testameIt tary capac ity. She spoke to him at various time. of her relatives and there was nothing to show she did not know who they were.
 MT Stillson's testimony shows thar at the time of his visit in 1905 she wal perfectly competent to do business. The testimony of Eugene Botsford