Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-03
Will of Hannah Jaeger.

The validity of the will of Hannah Jaeger
is upheld by the Court of Appeals in a
decision by Justice McComas, which aftirms
the Judgment of the District Supreme Court
sustaining the will. >
The will was made in favor of her hus-
band, Frank Jaeger, and was contested by
the mother and sister of the deceased.
1t was alleged that the will had been
procured by undue influence exercised by
the husband over his wife, and that She
was not of mental capacity sufficient to
make a will at the time. The will was
made four days before the death OF oe-
ceased Just prior to her undergoing an
operation from which she did not recover.
and it was sought in the trial to Introduce
evidence of alleged declaration on the part
of deceased of other testamentary wishes
and of her dislike for her husband and
ill-blood between them. The lower court
refused to admit the declarations. holding
that until evidence was introduced show
ing the lack of mental capacity of deceased
insufficient to make a will such was not
proper and held further that no represen-
tation of undue influence was raised where
a husband made will in favor of his wife,
or a wife in favor Of her husband.
The estate consists Of about $4,000, and
the court holds that until some evidence of
mental infirmity is shown by testimony,
declarations either before or after the max
ing of will are not proper to be admitted
in evidence. On behalf Of the contestants
r. L.. l.
B. Moulton were present. while Mr.. Jaeger
was represented by Attorney Wilton j.
Lambert. The case was argued at length
in the Court of Appeals few weeks ago.
and is regarded as important In connection
with the ruling to be hereafter followed by
the lower court in admitting testimony Of
the character set forth In the contest
Decided to Be Erroneous.
In the case of Moore, administrator, ap-
peals reversed the Judgment of the court
below, and directed a new trial
The suit was filed to recover damages
for the death of James Moore, alleged to
have resulted through the negligence of a
druggist in filling prescription. The de-
ceased resided In Maryland, the prescrip-
ton was filled in the District and the
medicine was taken to the home of the
deceased in Maryland. where 1t was ad-
ministered to him and where he died
At the trial Of the case the court di-
rected the jury to return a verdict for
the defendant on the ground that the dec
laration should have been based upon the
Maryland statute, allowing recovery for
death caused by wrongful act, and that
the recovery could not be had upon the
declaration under the District statute, the
medicine having been administered and the
death having resulted in Maryland. The
appellant contended that he was entitled
to recover under the District statute, be-
cause the negligent act was committed in
the District, and also that he would be
entitled to recover under the Maryland
statute without pleading It in his declara-
tiop, because the Supreme Court Of the
District had judicial notice Of the Mary
land statute.
"If the prescription had been filed" the
Court Of ApealS says. 'in Maryland, and
the medicine had been given there and
had caused the death there, and yet under
the principles announced by the Supreme
Court of the United States, the plaintiff
could have maintained his action for such
tort here, what reason of public policy,
deny the benefit of these remedial statutes
solely because the prescription was filed
here negligently, and carried to Maryland
and when the medicine was taken there 1t
caused the death OF the plaintiffs intes-
tate in that state? We are convinced
that If the wrongful act done here caused
the death in Maryland, that circumstance
not only does not forbid recovery but
affords an additional ground for maintain
ing such action in this District"
The attorneys for the appellant were
Leckie, Fulton & Cox.
Involved Interesting Points.
The Court of Appeals handed down It's
opinion in the cases of Paul D. Barstow. an
infant, and Frank Barstow, father of the
infant. against the Capital Traction Com
pany, suits for the recovery of $4,000 from
the railroad company on account of the
loss of leg by young Barstow December
Is, 1900. by being run over by freight car